DHS ordered to return to court on contempt charges
The head of the Illinois Department of Human Services has been ordered to return to Sangamon County Circuit Court on charges of ignoring another court order to transport a county jail inmate into state custody.
The court ruled Friday that Grace Hou, secretary of IDHS, must appear in court July 15 to respond to charges of ignoring an order to place Christopher Hall, 38, of Beloit, Wisconsin, in the Andrew McFarland Mental Health Center for psychiatric treatment.
Hall, who had been charged last year on four counts of first-degree murder, aggravated discharge of a firearm, being an armed habitual offender and unlawful possession of a weapon by a felon in the shooting death of Hason Willis, 43, of Springfield, was ruled unfit to stand trial in May and ordered to be placed at McFarland.
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However, the order said that as of Friday, he had not been placed there, remaining in custody at the Sangamon County Jail.
IDHS had previously been held in contempt last month in a similar case in which a Springfield man had not been transported to state custody despite a court order. Judge Adam Giganti had ruled that DHS would have to pay $100 a day each day that he was not in state custody.
The agency claimed that a pandemic-era executive order — Executive Order 20-24 — did not require them to transport patients to their facilities. However, Giganti said the order did not impact the actions of law enforcement and that without an amendment to the order providing exceptions for those who are not fit to stand trial, the order was unconstitutional.
Gov. JB Pritzker revised the order Wednesday, keeping much of the suspension in place, but requiring IDHS to prioritize the admission of those with a need for treatment. The move was made in response to a lawsuit filed by Sangamon County Sheriff Jack Campbell on June 22 accusing the state of violating state law requiring a 20-day notification period for placement of inmates in state custody.
In response, the Illinois Sheriff's Association accused the governor of pushing DHS responsibilities on to county jails that are not equipped to handle the mental health needs of everyone who is unfit to stand trial.
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"Instead of trying to find a way to get individuals that have been court ordered for treatment and evaluation the help they need, the Governor has chosen to issue an executive order to suspend the State law that was established and required DHS to get them the help more expeditiously," the ISA said. "The disregard for policy by the State has many jails at capacity, creates additional challenges for staff and our jails are not designed or equipped to handle the needs associated with severe mental illness."
Contact Zach Roth: (217) 899-4338; ZDRoth@gannett.com; @ZacharyRoth13
This article originally appeared on State Journal-Register: DHS ordered to return to court on contempt charges
