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Inmates waiting months for mental health treatment, state's attorney says


(FILE)
(FILE)
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Sangamon County State's Attorney Dan Wright wants the Illinois Department of Human Services (DHS) held in contempt of court.

In a petition filed this week, Wright says DHS has repeatedly failed to set transport dates for inmates who were deemed unfit to stand trial.

Without those transport dates, inmates cannot be taken from the county jails to facilities to get psychiatric treatment.

"DHS has left seriously ill inmates to languish without court-ordered treatment only to become more and more sick," said Sangamon County State's Attorney Dan Wright. "County jails cannot afford to absorb the statutory obligations of DHS where unambiguous court orders require the state to provide psychiatric treatment in an appropriate DHS facility. It is a grave disservice to the individuals who need mental health care, crime victims whose cases are further delayed by the state’s failure to act, inmates and jail staff whose safety is jeopardized, and taxpayers who expect state agencies to discharge their statutory duties without the threat of litigation."

RELATED: Sangamon County Jail is overcapacity

DHS was ordered to accept several inmates in February and April. As of June 2, transport dates have not been set for five inmates.

"We simply cannot wait any longer and have a professional, ethical, and moral obligation to seek court intervention under these increasingly grave circumstances," Wright wrote in a letter.

Some of those waiting for transport orders are as follows:

  • Justin D. Shavers: Found unfit for trial on April 14.
  • Anthony L. Wyatt: Found unfit for trial on April 8.
  • Antonio M. McNeil: Found unfit for trial on April 7.
  • Alfred Berry: Found unfit to stand trial on April 7.

In all instances, DHS notified the Circuit Court Clerk that Andrew McFarland Mental Health Center was the most appropriate placement for the inmates.

However, they are all still waiting for help.

The IDHS spokesperson sent us the following statement in response to the petitions filed by Sangamon County State's Attorney Dan Wright:

At IDHS, we take the responsibility of caring for individuals with mental health issues very seriously. IDHS’ seven psychiatric hospitals care for more than 1,600 individuals around the clock.
We are fully committed to providing restorative mental health services to individuals determined by the courts to be unfit to stand trial or not guilty by reason of insanity.
Additionally, due to the impacts of COVID-19 on bed availability, first based on infection control and now, based on the healthcare workforce crisis that arose out of COVID, an Executive Order was issued that remains in place, suspending forensic admissions.
Statewide, we have an unprecedented backlog of individuals who require inpatient admission. This backlog has been exacerbated by the pandemic’s impact on hospital operations, increasing referrals, limited capacity, and severe workforce shortages.
Since the beginning of the COVID-19 pandemic, we have expanded Outpatient Fitness Restoration statewide as an alternative to inpatient treatment where clinically appropriate. There are now 18 programs statewide. We are working diligently to admit consumers weekly into every bed available at all State-operated psychiatric hospitals, including our community restoration program at Ingalls Behavioral Hospital. We've admitted 1,222 forensic patients since the Executive Order went into effect.

Sangamon County Sheriff Jack Campbell says the inmates deemed mentally unfit are more of a danger to themselves and officers and that also takes more manpower to make sure nothing bad happens.

Campbell tells NewsChannel 20 that this slow response from DHS has been happening for years.


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