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A Logan County Circuit Court judge handed Gov. J.B. Pritzker his latest loss in a challenge to the governor’s executive authority.
Judge Jonathan C. Wright ruled Monday morning that Pritzker’s order that temporarily halted county jails from moving prisoners to state-run facilities ran afoul of state law.
The Illinois Department of Corrections must accept an inmate within 14 days of a transfer, but Pritzker’s order struck that language for the duration of his emergency orders amid the COVID-19 pandemic. There are about 36,000 inmates housed in IDOC facilities.
“The governor, nor the director of the [Department of Corrections], has independent discretion to determine what inmates they’re going to take or if they’re not going to take any,” said Jim Kaitschuck, director of the Illinois Sheriffs Association. “They just can’t have that unilateral ability to suspend or stop accepting inmates or parameters for who they would accept moving forward.”
He estimated there are about 2,000 inmates awaiting transfer to state facilities.
The ISA filed a lawsuit in late May, naming Pritzker, Illinois Department of Corrections Acting Director Rob Jeffreys, and wardens from four state prisons. The association sought not only to force the state prisons to accept transfers but also to compensate the counties for housing the inmates.
Attorneys representing the state requested a stay of the ruling while they ready an appeal. Another hearing is scheduled for Friday.
Meanwhile, a hearing in the governor’s lawsuit against some school districts over the mask requirement has been postponed.
*** UPDATE *** This is why the state blocked those transfers…
Two more inmates and two employees have now tested positive for COVID-19 at the McLean County jail, Sheriff Jon Sandage said Monday.
The first positive case (an inmate awaiting transfer to a state prison) was announced last Wednesday.
posted by Rich Miller
Monday, Aug 3, 20 @ 3:22 pm
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This decision isn’t like the ones from Clay County. Logan County is pretty government friendly and Judge Wright has a long track record as a States Attorney and a one time State Rep
Comment by Anon Monday, Aug 3, 20 @ 3:42 pm
The sheriffs have a point. I’m sure Tom Dart would like to tell the Chicago police department and all the suburban chiefs to keep their arrestees in police station lock ups until Covid goes away, but the system doesn’t work that way.
Comment by TNR Monday, Aug 3, 20 @ 3:55 pm
===this is why the state blocked those transfers===
Give me a break Rich. The law is the law. The governor has to take them and stop trampling all over the state statutes like they’re just there for him to follow when he feels like it.
Comment by DeputyDog Monday, Aug 3, 20 @ 4:16 pm
==The governor has to take them and stop trampling all over the state statutes like they’re just there for him to follow when he feels like it.==
Yeah. Because he’s doing things just for the heck of it. It’s not like there’s a pandemic driving his actions or anything.
Is that you Mr. Devore?
Comment by Anonymous Monday, Aug 3, 20 @ 4:29 pm
That was me above
Comment by Demoralized Monday, Aug 3, 20 @ 4:29 pm
When the incarcerated individuals sue the state, the state should sue the sheriffs. Let the “open em up” locals pay for their negligent handling of COVID-19 in jails.
Comment by Precinct Captain Monday, Aug 3, 20 @ 4:31 pm
My understanding is that IDOC refuses transfer of any inmates from county jails — not just inmates who tested positive. I could see not moving and isolating Covid-positive inmates, but the Governor’s order went much farther than that.
Comment by TNR Monday, Aug 3, 20 @ 4:39 pm
The law is the law until it’s modified or changed… for the sake of clarity.
Comment by Dotnonymous Monday, Aug 3, 20 @ 4:44 pm
“The law is the law.”
Said the cop who gave me a ticket for doing 59 in a 55 zone. Prologue; charge dropped, case dismissed.
Comment by Ducky LaMoore Monday, Aug 3, 20 @ 4:47 pm
No this is not Tom Devore. Is there a pandemic? Yes there is. Does that mean we just ignore existing law? No. Does that mean public officials are allowed to abdicate their responsibilities? No. Does that mean the state has the legal authority to shift all the burden to the sheriffs? Nope. A judge agreed today.
Comment by DeputyDog Monday, Aug 3, 20 @ 4:48 pm
Sangamon County Jail also announced an outbreak over the weekend.
Comment by Jessica Monday, Aug 3, 20 @ 5:36 pm
=The law is the law until it’s modified or changed… for the sake of clarity.=
Maybe tell that to the sworn Sheriff’s that choose which laws they feel like enforcing.
While we are at it, maybe the USAG and POTUS as well.
Comment by JS Mill Monday, Aug 3, 20 @ 5:59 pm
=== Maybe tell that to the sworn Sheriff’s that choose which laws they feel like enforcing.===
Care to enlighten us with an example? If you’re talking about masks… there’s no law to enforce them.
Comment by DeputyDog Monday, Aug 3, 20 @ 6:46 pm
Pritzker really is out of control he needs to deal with the State run senior facilities if he is so worried about the virus, but then he knows the Outfit that owns them all wouldn’t be happy. Hmmmm
Comment by Latina Monday, Aug 3, 20 @ 7:06 pm
This is a Constitutional Crisis. The Governor says there is a pandemic and he needs these rules, he has no legal authority and Courts will start tightening on him as actual attorneys file valid suits. The legislature cannot convene because there is not a single democrat legislator that wants to be in a picture working with Madigan in the next 90 days.
Comment by the Patriot Tuesday, Aug 4, 20 @ 8:39 am
=== This is a Constitutional Crisis.===
Not everything is a constitutional crisis.
=== Courts will start tightening on him as actual attorneys file valid suits===
Why hold them up? Why wait to *file* valid suits? lol
===The legislature cannot convene===
It can, neither has chosen to do so.
Not everything is “Madigan”… lol
Comment by Oswego Willy Tuesday, Aug 4, 20 @ 8:44 am
Not everything is “Madigan”… lol
Willy….you can’t be serious. There is zero possibility that Madigan will allow the Illinois legislature to convene prior to the election….ZERO
In this case it really is all about Madigan and his problems.
Comment by SIU Tuesday, Aug 4, 20 @ 9:08 am
=== There is zero possibility that Madigan will allow the Illinois legislature to convene prior to the election===
Show me the 60 that want it to convene.
Thanks.
Comment by Oswego Willy Tuesday, Aug 4, 20 @ 9:16 am
=== There is zero possibility that Madigan will allow the Illinois legislature to convene prior to the election===
Show me the 30 Senators that want the Senate to convene.
That’s the “other chamber”, if you’re confused.
Thanks.
Comment by Oswego Willy Tuesday, Aug 4, 20 @ 9:18 am