On November 7, 2007, mentally ill prisoners incarcerated by the Illinois Department of Corrections ("IDOC") filed a lawsuit in the U.S. District Court for the Central District of Illinois under 42 U.S.C. § 1983; the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq.; and the Rehabilitation Act, 29 U.S.C. § 794, against the state of Illinois. The plaintiffs, represented by the Uptown People's Law Center, Equip for Equality, and private counsel, claimed that their lack of access to adequate mental health treatment constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments, and discrimination under the ADA and Rehabilitation Act. They asked the Court for a judgment declaring defendants' conduct unconstitutional and an injunction against defendants' unlawful conduct.

Plaintiffs were incarcerated in various correctional centers of the IDOC. Most incoming inmates at these facilities did not receive a meaningful mental health screening upon arrival. Additionally, the plaintiffs alleged that care of those prisoners who were identified as needing mental health care was grossly substandard. What limited care was available was provided chiefly by medication and prisoners are only infrequently able to consult with mental health professionals. Only four of the IDOC's correctional facilities offered some form of specialized mental health services. As a result of defendants' failure to reasonably accommodate plaintiffs' disabilities, the plaintiffs alleged that they experienced mental and physical pain and, in many cases, the exacerbation of existing mental illnesses.

On May 8, 2013, Judge Michael Mihm entered an interim order to facilitate a consent decree. The order requires the parties to assess and negotiate the number of additional mental health staff and bed and treatment space needed, and mandates that the IDOC develop policies related to the segregation, protective custody, and discipline of mentally ill inmates.

On December 22, 2015, the case settled. Under the terms of the settlement:

• For the first time ever, Illinois would provide both long-term and acute care in residential treatment centers for prisoners who are so seriously mentally ill that they require hospitalization. Previously, these very ill people were housed in isolation.
  
• More than 300 new clinical staff would be hired to treat prisoners with serious mental illnesses, along with over 400 new security staff to work at the new residential treatment units. This woudl allow the state to provide group therapy and one-on-one therapy for prisoners.
  
• IDOC agreed to review the mental health of all prisoners with more than 60 days left in solitary, to determine if they should be given early release. IDOC also agreed to release from solitary all prisoners with serious mental illnesses who are confined there for minor, non-violent offenses, and in the future to consider mental health before sentencing someone to segregation.
  
• Prisoners with mental illnesses who are in solitary confinement for over 60 days would have their out-of-cell time increased from less than an hour a day to 20 hours a week.

Construction costs for the new facilities were estimated to be $40 million and the new personnel costs were expected to be approximately $40 million annually.

On May 10, 2016, parties filed a settlement agreement with the court. On May 23, 2016, the judge accepted the settlement with an amended settlement agreement. The agreement required IDOC to hire more mental health professionals, renovate 1258 beds, update health records to better indicate mental health problems and medication, provided staff with training in recognition and dealing with common mental disorders, provide mental health screenings for all prisoners upon, admission, conduct bimonthly review of prisoner mental health, conduct monthly review of prison mental health for those in segregation, provide for an initial mental health review within 7 days of putting a prison in segregation, and establish a referral program to all prisoners, staff, and those close to prisoners to refer prison for a mental health checkup. The settlement also provided that plaintiffs would be awarded attorney's fees, that the court retained jurisdiction for three years after the acceptance of the settlement, and that parties would try to resolve issues before taking the issue to the court.

Plaintiffs were awarded attorney's fees of $3.8 million, with half paid immediately on February 10, 2017. Multiple prisoners have been filing complaints alleging the settlement is not being properly followed. The court has indicating this complaints should be handled by the Department of Corrections grievance process.

Nate West - 10/04/2014
- 12/23/2015
David Smellie - 03/30/2017


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