Sangamon County sheriff sues Illinois Department of Human Services, here's why
Sangamon County Sheriff Jack Campbell filed a lawsuit Wednesday against the Illinois Department of Human Services, accusing it of violating state law regarding the transport of inmates into the department's custody.
Campbell said that DHS is in violation of Section 104-17 of the Illinois Criminal Code, which sets a 20-day period for when the agency is supposed to accept jail inmates who are unfit to stand trial into its custody. The sheriff also accused the department of using a pandemic-era executive order to continue delaying the transport of those not fit to stand trial.
"Since Governor Pritzker's issuance of Executive Order 20-24 and continuing through the present, DHS staff has routinely violated the 20-day placement mandate under the unambiguous language of Section 104-17 resulting in unlawful and indeterminate delays of months before admission into a DHS facility and receipt of psychiatric treatment for individuals found 'unfit to stand trial,'" the lawsuit says.
Efforts to reach the DHS for comment Friday were unsuccessful.
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Campbell said that throughout the state, more than 100 inmates found unfit to stand trial are awaiting transport to state-run psychiatric facilities, with the Sangamon County Jail incurring costs for housing some of them and for paying staff overtime in order to properly address their issues.
He called for the executive order in question to be dropped, with DHS reimbursing the county for the costs of holding the inmates longer than what is legally required.
Gov. JB Pritzker is also named in the lawsuit, as he issued the executive order in question. Also named in the lawsuit is DHS Secretary Grace Hou.
Campbell said that while the county can provide certain mental health treatment for jail inmates, only DHS facilities can provide the kind of care needed for those who are unfit to stand trial.
"The inmates can't get the care they need in our facility," Campbell said. "We are not a mental health facility, we're a detention facility. We cannot provide them with the level of care they need.
"We want the state of Illinois to systematically take these inmates as they're declared unfit. That's their obligation, to uphold their end."
The lawsuit comes after a June 15 order from Judge Adam Giganti for DHS officials to appear in court regarding the cases of two men who had been found unfit to stand trial and had not been accepted into DHS custody.
Contact Zach Roth: (217) 899-4338; ZDRoth@gannett.com; @ZacharyRoth13
This article originally appeared on State Journal-Register: Sangamon County sheriff sues state over delays in accepting inmates
