Illinois Department of Human Services held in contempt of court by Sangamon County judge

Zach Roth, State Journal-Register
·2 min read
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The Illinois Department of Human Services was found in contempt of court by a Sangamon County judge.

Judge Adam Giganti ruled Wednesday that DHS was guilty of indirect civil contempt of court for failing to follow an April 7 order that required it to transfer a Sangamon County Jail prisoner to the Andrew McFarland Mental Health Center for psychiatric evaluation. The inmate, from Springfield, had been scheduled to arrive at the facility Monday. However, the ruling said DHS blocked the transfer.

At issue was a pandemic-era executive order — Executive Order 20-24 — which gave DHS broad authority to suspend provisions in state law requiring it to provide psychiatric treatment to inmates at their facilities.

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The agency said that due to the executive order, it was not required to transport or house the inmates. However, the court disagreed saying state law was clear the order had no impact on the duties of law enforcement officials, such as the Sangamon County Sheriff's Office, which was responsible for housing the inmate while jailed.

Absent an amendment that would provide exceptions in the cases of those unfit to stand trial, such as the Springfield man, Giganti determined the order was unconstitutional.

DHS was ordered to pay $100 a day, beginning immediately, for each day that it fails to transport the inmate to McFarland.

DHS Secretary Grace Hou had been asked to appear in court Monday to respond to the charges; however, she did not appear, with an attorney for DHS representing the agency.

The inmate was transferred into DHS custody Thursday morning. In a statement, DHS said that it is committed to working with Sangamon County to ensure a smooth transfer of inmates into its custody.

"Despite nationwide challenges with staffing and available beds, we continue to work diligently and in good faith to admit patients in need of care in state psychiatric hospitals," the statement said. "We are working in partnership with many county officials in a constructive and collaborative way and we hope Sangamon County will consider a similar approach going forward."

Contact Zach Roth: (217) 899-4338; ZDRoth@gannett.com; @ZacharyRoth13

This article originally appeared on State Journal-Register: DHS held in contempt of court over inmate transfer from Sangamon jail