Opinion Editorial:
Illinois has a serious problem when defendants found unfit to stand trial cannot get the treatment and placement they need. A court determines that a defendant is unfit to stand trial if they are unable to understand the nature and purpose of the proceedings against them or to assist in their defense. If that determination is made, then that individual cannot simply proceed through the normal criminal justice process. Illinois law provides for treatment designed to restore the person to fitness so the legal process can continue. The Illinois Department of Human Services (DHS) operates several inpatient facilities for individuals in this situation, including Choate Mental Health and Developmental Center in Anna.
The problem arises when DHS does not have an immediate permanent placement available. That can leave county sheriffs responsible for housing and caring for individuals who need specialized treatment while they wait for an appropriate bed. Figures provided to me by the Illinois Sheriffs Association indicate several hundred individuals are currently being held in county jails who could or should be receiving treatment and housed at Choate. Two pieces of legislation I am proposing would address that problem while recognizing the important role Choate can play.
The first bill would strengthen DHS’ responsibility to act when a defendant is ordered into its custody for treatment. If DHS does not provide placement within 20 days of receiving a court’s placement order, DHS would be required to reimburse the sheriff for the continued costs of housing and mental-health services. The bill would also provide liability protections for sheriffs when defendants remain in county custody beyond those 20 days.
The proposal would also require faster communication from DHS. If placement information has not been provided within 45 days, the sheriff would contact DHS for an update. DHS would then have two business days to provide information about the evaluation, available beds, and an estimated admission date.
The second bill specifically addresses Choate. It would allow Choate to temporarily admit defendants found unfit to stand trial when DHS does not have an immediate permanent placement available. Rather than remaining in a county jail while waiting for a permanent bed, a defendant could receive treatment and evaluation services at Choate. It is indeed inappropriate to house an unfit person in a jail simply because DHS does not have their act together.
Choate would conduct a comprehensive evaluation, including a physical examination, an assessment of underlying health conditions, and a psychiatric assessment. The facility would then make a recommendation for permanent placement while DHS continued working to identify an appropriate long-term location. Whenever possible, the goal would be to move the defendant to a permanent facility for treatment within 30 days of admission to Choate. The individual’s treatment and psychiatric status would also be reviewed regularly while awaiting placement.
Temporary placement at Choate would not replace permanent placement. It would serve as a bridge while DHS finds the appropriate long-term location. As discussions continue about the future of Choate, we should also be asking how Illinois can make the best use of the specialized resources that already exist in Southern Illinois.
County jails aren’t designed or equipped to hold people who are unfit to stand trial and need forensic treatment. They are not substitutes for specialized mental-health treatment facilities. Choate has specialized staff, treatment programs, and experience working with individuals who require secure care. Illinois should use those resources as part of the solution. These bills provide a specific framework: provide those unfit to stand trial services as quickly as possible, hold DHS accountable for timely placement, give sheriffs clearer protections and reimbursement when delays occur, and allow Choate to provide temporary treatment when a permanent DHS bed is unavailable.
Working together, we can address the needs of defendants, county sheriffs, courts, and communities across Illinois while making better use of Choate’s capabilities. We can address the unfit-to-stand-trial crisis and “Save Choate” at the same time.