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Judge orders trial in inmate mental health lawsuit

Pantagraph (Bloomington, IL) - 8/28/2015

Aug. 28--PEORIA -- The legal wrangling over care for Illinois' 11,000 mentally ill inmates needs to end and improvements put in place, a federal judge told attorneys Thursday as he set a January trial on the issue of treatment for the most seriously ill prisoners.

"This case has gone on too long and the issues are too important to be delayed," said U.S. District Court Judge Michael Mihm, referring to the 2007 lawsuit.

Mihm rejected claims from the inmates' attorneys that the Department of Corrections acted in bad faith by not following parts of a court mandate to assess 460 seriously mentally ill inmates held in segregation, and provisions for hospital care for about 50 in segregation.

Mihm agreed with Harold Hirschman, one of the lawyers for inmates, that hospital care is a critical issue that could be resolved apart from other pending issues.

The judge set an aggressive schedule ahead of a Jan. 4 bench trial on the inpatient issue. He said he expects lawyers to be working on other issues related to the mental health needs of inmates in segregation.

Assistant Attorney General Christopher Higgerson defended what the state considers significant improvement to mental health care in the past year. The hiring of more staff and new policies that require better monitoring and treatment of inmates with behavioral issues are part of that ongoing effort, he said.

So far, the state has managed to secure just 10 inpatient beds at its Chester Mental Health Center. Efforts to find more beds in private and public facilities have been unsuccessful, according to DOC.

Documentation is lacking to prove that staff is visiting inmates in segregation -- some of whom are locked up 23 hours a day for decades because of ongoing disciplinary issues, said Hirschman.

A brief stop an inmates' cell door to "ask if you're okay is not the same as doing an assessment," the lawyer argued.

Higgerson said the state has relied on reports from staff that the inmate mental health reviews are being conducted.

"I'm not satisfied with that answer," responded Mihm.

The state and the inmates' legal team ended talks last month without the state signing a proposed consent decree calling for a massive overhaul involving the hiring of several hundred staff and construction of four residential treatment units.

The directive from Mihm that he expects lawyers to get things moving toward a resolution is a positive development, said Alan Mills, one of the inmates' lawyers.

Setting a trial "is the right thing to do. We have seriously mentally ill inmates who need to be in the hospital and that needs to be addressed," said Mills.

Higgerson referred comment on the decision to an DOC spokeswoman who was not available.

sFollow Edith Brady-Lunny on Twitter: @pg_blunny

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