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Posted by Barton Lorimor
* This WBEZ piece is really worth your time…
Illinois Gov. Bruce Rauner said the Department of Corrections was following the law when it kept prisoners with disabilities in prison even after their release dates. But the governor has also indicated an openness to changing the law.
A WBEZ investigation found the Department of Corrections often struggles to house inmates leaving prison with disabilities. Instead of being released to halfway houses where they can serve out parole, or mandatory supervised release as it’s officially called, inmates with disabilities can end up spending extra time in prison.
“If these laws need to be changed, we’re open to having that conversation with the General Assembly as we continue to build on our efforts to reform the criminal justice system in Illinois,” Rauner said in a written statement.
The Illinois Department of Corrections admits it keeps inmates with disabilities locked up beyond their release dates, but the agency doesn’t know how often it happens and has refused months of requests to sit down for an interview with WBEZ that could shed light on the otherwise invisible problem — one that advocates say could be a violation of the Americans with Disabilities Act.
The governor would not comment on IDOC’s admission that it does not track how often someone’s disability keeps them behind bars or IDOC’s refusal to grant an interview.
From the initial report in May, which explains how this is even possible…
Ellis, who was convicted of theft, served almost two years in prison and was eligible to serve the rest of his sentence in the community on mandatory supervised release. But that didn’t happen.
Ellis said prison staff told him halfway houses would not take him because he had been diagnosed with major depressive order. So he served all his time, including the supposed supervised release, in prison. When he finally got out, he was immediately thrust into homelessness.
WBEZ obtained IDOC’s housing directory through the state’s open records laws. Most facilities on the list said they would not accept a person coming from prison who was deaf, blind, or had a psychiatric disability. After calling all 75 places, WBEZ was able to identify only 13 that would accommodate someone who used a wheelchair coming from prison — one of those facilities said they had only one wheelchair accessible room and another told us that their waiting list for an accessible bed was months long.
When I spoke with Rep. Ford earlier today he told me he hopes to bring leaders from some groups that provide re-entry services into the discussion with IDOC to find a solution with IDOC that does not involve legislation. If they can’t find a solution, he intends to sponsor a legislative fix during veto.
I guess those citizens who have paid their debt to society will have to pay a little more because they happen to have special characteristics beyond their control.
*bangs head against wall*
An experimental court on Chicago’s West Side resolves cases with peace circles instead of judges and juries — and officials say it could expand into other communities.
…
The participant, victim, community members, and court staff come together for a confidential conversation in a peace circle to talk about the crime. The community members — not the judge — then work out a legal agreement called a “repair of harm agreement.” For example, the victim may ask the participant to paint over graffiti or volunteer at a neighborhood food drive to make amends for a crime.The participant is connected with social service agencies to help them take GED classes or find a job, and stay crime free. The repair of harm agreement usually takes six months to a year to complete, at which point the participant’s charges are formally dropped with the potential to have their record expunged.
posted by Rich Miller
Thursday, Jun 21, 18 @ 1:28 pm
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==halfway houses would not take him==
What are these, private preschools? Why is this optional?
Comment by LXB Thursday, Jun 21, 18 @ 1:38 pm
As a member of the ex-offender community, ar be it from me to say anything good about IDOC. However, what IDOC is doing is not illegal. Immoral, yes, but not illegal. These offenders are eligible to be considered for early release from their full sentence and placed on parole or mandatory supervised release. Just because their eligible for consideration doesn’t mean that they automatically qualify. One of the criteria they have to meet, like all potential parolees, is to have a stable place to live. This is a problem not only for disabled offenders, but many others. Consquently, many aren’t released early and serve their full sentences. Regardless of having a place to live, IDOC must and does release offenders after they have served their full sentence. I find it very hard to believe that IDOC isn’t tracking this because IDOC tracks everything.
Comment by Ex Con Thursday, Jun 21, 18 @ 1:42 pm
== What are these, private preschools? Why is this optional? ==
Most halfway houses do not have the resources to handle the medical and other needs of disabled ex-offenders. There are relatively few of them and as one might imagine, they operate on shoestring budgets. No one is sending tons of money their way. Also, their purpose is to provide temporary housing to ease an ex-offender’s transition into the community. Disabled ex-offenders usually need something permanent.
Comment by Ex Con Thursday, Jun 21, 18 @ 1:47 pm
Peace circle. That sounds absolutely great. The victim is now inconvenienced even more. How many times will things drag out as the perpetrator does not show a community member doesn’t show no quorum or vacation? A young felon can get boot camp a misdeamant supervision. Convictions can be sealed or expunged. Better to bring in perpetrators if found guilty give them a definitive sentence but give them opportunity for community service. If they do service dismiss case, if not do the time. And do everything on expidited timeline
Comment by DuPage Saint Thursday, Jun 21, 18 @ 2:00 pm
It’s really unforgivable that a state as large as Illinois, that has a very high tax burden, does not allocate resources to address this problem.
Where does all that tax money go?
Comment by SSL Thursday, Jun 21, 18 @ 2:10 pm
== Better to bring in perpetrators if found guilty give them a definitive sentence but give them opportunity for community service. ==
I’m guessing that one of the reasons the Chief Judge and State’s Attorney have agreed to this is because it frees up court dockets and prosecutors for other cases.
Comment by Ex Con Thursday, Jun 21, 18 @ 2:21 pm
==Peace circle. That sounds absolutely great. The victim is now inconvenienced even more.==
For a case to be eligible for the restorative justice court, the victim of the crime must agree to participate in the process. But I guess you think you know better than crime victims what’s best for them.
Comment by Anonymous Thursday, Jun 21, 18 @ 2:31 pm
(Anonymous comment at 2:31 was me)
Comment by charles in charge Thursday, Jun 21, 18 @ 2:32 pm
2 out of 44 successfully completed the program? I don’t know what metric defines that as even coming close to success. I am not arguing for mandatory jail for all crimes but hard to see how this model is worth keeping. And that’s the problem with government programs. Private industry would say, “Ok, this model didn’t work, let’s try another model because we still believe jail alone isn’t the answer. But Government just keeps doing the same thing.
Comment by NeverPoliticallyCorrect Thursday, Jun 21, 18 @ 2:38 pm
Charles: I don’t presume to know what is best for anyone. If a victim does not want to press charges they do not have too. Just trying to see what is efficient and what may work and save everyone time and money. I did not realize it was already in effect but if @2:38 is correct does not seem worth the time since I would suppose if it fails it goes to court anyway. my idea is let offender know what consequences are and give person an opportunity to avoid it by community service.
Comment by dupage saint Thursday, Jun 21, 18 @ 2:54 pm
==2 out of 44 successfully completed the program? I don’t know what metric defines that as even coming close to success. I am not arguing for mandatory jail for all crimes but hard to see how this model is worth keeping. And that’s the problem with government programs. Private industry would say, “Ok, this model didn’t work, let’s try another model because we still believe jail alone isn’t the answer. But Government just keeps doing the same thing.==
So are you saying you’d like to privatize the criminal justice system?
The article does not say that only 2 of 44 defendants succeeded and the rest failed. It says that 44 cases have been heard in this brand new experimental program, and that so far 2 defendants have successfully completed the program. Get a grip.
Comment by charles in charge Thursday, Jun 21, 18 @ 3:08 pm
- Ex Con - is right on target.
IDOC is holding an even larger number of convicted sex offenders who have served enough time to qualify for parole, but can’t find housing on the outside, mostly due to legal restrictions on where they can live (like near a school, park, etc.)
Comment by Roman Thursday, Jun 21, 18 @ 3:09 pm
People with disabilities should be able to do work release. They just need to find the right place.
Comment by Mama Thursday, Jun 21, 18 @ 4:03 pm
==2 out of 44 successfully completed the program?
From the article - “Two participants have successfully completed their repair of harm agreement and had their cases dismissed.” That doesn’t mean that the other 42 failed, it could mean they are still in the process of completing their agreement.
Comment by Name Withheld Thursday, Jun 21, 18 @ 4:12 pm
==- NeverPoliticallyCorrect - Thursday, Jun 21, 18 @ 2:38 pm:==
You might want to learn how to read for comprehension. The program started last August and “takes six months to a year to complete.”
Comment by Precinct Captain Thursday, Jun 21, 18 @ 4:30 pm
Reduce by 50% the amount of state resources allocated to adults who are physically and mentally able to work, with no accommodations, but don’t. There - found the money to properly fund all homes and programs for folks with disabilities.
Comment by papa2008 Thursday, Jun 21, 18 @ 8:00 pm