Conditons at prisons could lead to lawsuits

By Jamey Dunn

A prison watchdog group predicts that if Illinois cannot change the overcrowding and other serious conditions in its corrections system, it may face a court ordered solution in the future.

The Chicago-based John Howard Association’s assessment of the maximum security Menard Correctional Center in Chester found that overcrowding and understaffing at the facility led to strenuous conditions for both inmates and guards. “In the past year, Menard has had an alarming number of reported staff and inmate assaults,” Maya Szilak, director of the Prison Monitoring Project for the John Howard Association, wrote in her report. Members of the association visited the facility, which is the largest maximum security prison in the state, in June 2011.

The report said that lockdowns and disciplinary segregation were overused during efforts to keep order at the prison, which was designed to house 3,098 inmates but as of June has 3,618. The prison was on full or partial lockdown more than half of the time during the last year and a half. “During lockdowns, inmates are subject to severely restrictive living conditions. Inmates are confined to their cells for 24 hours a day; visiting hours with family are suspended; showers, phone calls, yard and recreation time, commissary, and access to the library and legal services are restricted or suspended; participation in educational, vocational and rehabilitative programs is restricted or suspended entirely; and access to mental and physical health care services is greatly restricted. Inmates who depend on prison wages cannot work. Friends, family members and the children of inmates, who have often traveled long distances, expended significant funds and taken time off from work or school to visit are simply turned away,” the report said .

When John Howard Association representatives visited the prison, 414 inmates were confined in disciplinary segregation. Inmates in segregation eat their meals in their cells and are allowed two showers a week and five hours a week out of their cells for recreation. More than half of those in segregation were receiving medications for mental illness. “This number is extremely disturbing and, yet, wholly unsurprising given the evidence that segregation greatly exacerbates existing mental illness and can independently induce acute mental illness and traumatic disorders in otherwise healthy persons,” the report said. However, the report commends Menard’s administrators for making progress, such as increasing the number of showers allowed for segregated prisoners from one to two per week. “The administration is to be greatly commended for instituting a small but substantial measure to improve the quality of life for segregation inmates.

Inmates who were not segregated for disciplinary reasons spent most of their time in their cells. “In the absence of sufficient space, staffing and resources, the vast majority of Menard’s inmates do not have educational, vocational or job assignments. Consequently, the average inmate at Menard spends roughly 21 to 22 hours a day locked in cells idle, with little or no activity or opportunity for normal social and human interaction,” Szilak wrote. The association also found that inmates lacked reliable water sources and contended with high temperatures and little airflow during summer months. “Reliable delivery of water is critical at Menard because of high temperatures in housing units in summer. This is a serious concern, particularly in the segregation unit where the cells do not have access to an outside window and are closed off from any airflow by a solid metal door. In the past seven years, two inmates have died due to extreme body temperatures caused in part by cell conditions.”

John Maki, executive director of the John Howard Association, said assaults at Menard demonstrate the consequences of “warehousing” prisoners. He said leaving inmates in cramped cells for long periods of time with nothing to do often results in violent behavior. Maki added that prisoners who spend most of their time in cells — especially those serving long sentences in maximum security prisons, such as Menard — are not prepared to transition back into society. However, Maki said, the Department of Corrections focuses its education and rehabilitation programs on lower security prisons where the inmates will presumably be serving shorter sentences. “A good chunk of [Menard’s prisoners] are eventually getting out. … It comes down to a public safety issue.”

Maki said the problems at Menard are “illustrative” of the conditions caused by overcrowding throughout Illinois’ prisons. “There’s really two options given the kind of numbers we have. One, we could build a prison or open new prisons. Or two, we can figure out a way to avoid sending as many people to prison or get more guys out,” he said. But under the current budget climate, which Gov. Pat Quinn said is forcing him to push a plan to close seven state facilities including a medium security prison and a youth prison, Maki said the second option is the only viable one. The report warns that if it doesn’t do something to bring down the number of inmates, a lawsuit may cause the courts to step in. The U.S. Supreme Court recently ordered California to reduce its prison population by 33,000 inmates over the next two years. “The Illinois governor and General Assembly must reduce the prison population through sentencing reform, enacting a safe replacement for Meritorious Good Time, and providing Menard and other DOC facilities with the funding and staffing needed to meet the population’s basic physical and mental health needs. If such actions are not taken, it is all but inevitable that this issue will end up being litigated in the courts,” the report says.

Stacey Solano, a spokesperson for the DOC, said the state is working to lower its numbers through alternative programs, such as drug courts and an Adult Redeploy Illinois, that allow nonviolent offenders to avoid prison time. However, she said that lawmakers must be part of the solution. “The management of Illinois’ prison population is an ongoing issue that must be dealt with both legislatively and administratively. This spring, the governor’s office convened meetings with members of all the caucuses to discuss potential policies that address population, inmate reintegration and alternatives to incarceration. This issue must be addressed from both a policy and budgetary perspective, and we will continue to work with members of the General Assembly to find long-term solutions to maintain safe, sustainable prisons. While the administration is working toward the goal of policy reforms in areas such as inmate re-integration and alternatives to incarceration, such policy is best accomplished with the help of the legislature,” Solano said in a written statement.

Maki agrees that most of the responsibility for addressing overcrowding falls on lawmakers and Quinn. The report is relatively positive about Menard’s administrators, and Maki said that generally prison administrators are doing the best they can with very limited resources. “They’re really tasked with almost an impossible mission.” Maki said he hopes that Illinois can change its prison conditions without a judge forcing it to. “What happened in California is horrible. We don’t want the courts to have to step in.”

But he said if Quinn and lawmakers do not tackle the problem, a judge would likely order them to. “I think it’s almost inevitable that some one is going to come in there and start the litigation process.” Maki said a court battle could take years and result in the state scrambling to reduce its population, much as California is doing now. Among other measures, the state is moving many prisoners back to city and county jails. “It’s not a quick fix, and it’s not going to lead to an ideal solution.”

Arbitrator: Closure plan violates agreement with unions

By Jamey Dunn

The same arbitrator who ruled that Gov. Pat Quinn owes state employees the raises he has refused to pay, found today that if Quinn moves forward with his plan to close state facilities, Illinois may end up owing some state employees even more.

Arbitrator Edwin Benn’s ruling issued today said Quinn must stick to the deal he made with a public employee union. Members of the American Federation of State, County and Municipal Employees had agreed to cost saving measures that included a reduction in the raises in their contracts in exchange for a promise of no facility closures or layoffs. Benn said if the state does not hold up its end of the deal, it would be required to pay back wages and medical costs for employees who are put out of work by Quinn’s plan. “No employees represented by the Union can be laid off through June 30, 2012; the seven mental health and correctional facilities targeted for closure cannot be closed prior to July 1, 2012; and if any employees represented by the Union are laid off, bumped or transferred as a result of layoffs and facility closures involved in this matter prior to July 1, 2012, those employees shall be reinstated and returned to their former positions and made whole in all respects for their losses flowing from the State’s violation of its contractual promises to not lay off employees and to not close facilities prior to July 1, 2012,” the ruling stated.

Benn said the state would also be on the hook for damages paid to employees who went through certain hardships as a result of a layoff. “If as a result of the state’s violation of the cost savings agreements, adversely impacted employees are put in a position of not being able to make timely payments on their homes or cars and are foreclosed upon or evicted or otherwise forced to move from their residences, as part of the make whole relief, the state shall compensate the employees for those losses.”

Union officials said Quinn should halt his plans and avoid the risk of having to pay costly settlements to workers. “This order is unequivocal. Governor Quinn should rescind all threatened layoffs and closures,” Henry Bayer, AFSCME Council 31 executive director, said in a written statement. “Failure to do so will not only harm the vital public services state employees provide, it will expose the state to significant damages for lost wages, benefits and other costs incurred as a result of the governor’s irresponsible actions.”

The ruling included a timeline for the planned layoffs and facility closures, as well as the number of union employees that would be affected:

• Tinley Park — Closure date: November 30, 2011; union layoffs: 143 
• Singer Mental Health Center (Rockford) — Closure date: Dec. 31, 2011; union layoffs: 122 
• Illinois Youth Center (Murphysboro) — Closure date: December 31, 2011; union layoffs: 97
• Logan Correctional Center (Lincoln) — Closure date: December 31, 2011; union layoffs: 324 Chester Mental Health Center — Closure date: March 31, 2012; Union layoffs: 419 
• Jacksonville Developmental Center — Closure date: February 29, 2012; union layoffs: 390 
• Jack Mabley Developmental Center (Dixon) — Closure date: February 29, 2012; union layoffs: 162 

 Under Quinn’s plan, the Department of Human rights would also lay off 23 employees starting on November 1, 2011. According to the ruling, 288 nonunion employees would receive pink slips under the plan.

The arbitrator noted that laid off workers would face a tough jobs climate due to high unemployment rates — which range from 7.8 percent in Jackson County, where the Illinois Youth Center is located, to 13 percent in Winnebago County, home to the Singer Mental Health Center. “Employees who gave concessions to ease the state’s financial difficulties, and in return were promised by the state that they had job security and would not be laid off through June 30, 2012 will, because of the state’s violation of its promises, be thrown into an economy with little chance of finding comparable employment.” Anders Lindall, spokesperson for AFSCME Council 31, said elected officials should avoid creating more jobless Illinoisans. He points to recent incentives Quinn has offered corporations such as Motorola to keep jobs in the state. “If you imagine a plant closure or a business or corporation threatening to leave the state and take 2,000 jobs with them, you would hope that the governor and every other elected official would be there to save those jobs,”  Lindall said. “But what we are facing right now is just that situation — state government threatening to throw 2,000 women and men out of work across the state.”

Quinn, who has previously defended the no layoffs deal with AFSCME, has said he has no other options based on the budget that lawmakers approved. He said that under that budget, if he does not skip pay raises, close the facilities and institute layoffs, the state will run out of money before the end of the current fiscal year. “[Lawmakers who approved the budget] knew exactly what they were doing. They knew there would not be enough money to maintain our facilities for the whole fiscal year or maintain our workforce for the whole fiscal year,” Quinn said when he announced the closures. According to the governor, his budget proposal, which called for billions more in spending than the plan he signed, included funding to avoid layoffs and institute pay raises. “This ruling does not change the fact that the money to run all these facilities for the entire year was not appropriated by the General Assembly. You can’t spend money you don’t have,” said a statement issued by Quinn’s office today.

Benn said Quinn’s argument is outside of his realm of consideration. “The statutory, Constitutional and other non-contract arguments raised by the state in which the state seeks to avoid its contractual obligations are not for me as an arbitrator to decide. My function is to interpret the state’s contractual obligations, and those obligations are clear and have been violated. The state’s statutory, Constitutional and other non-contractual arguments are to be resolved by the courts.” Benn predicted a lawsuit and urged any judges who take up the case to decide it quickly, given the state’s timeline for facility closures.

“Arbitrator Benn concedes that he does not have jurisdiction over the Illinois Constitution and statutes that apply to this issue, and both the Constitution and statutes remain to be addressed by the courts. We will seek to stay and vacate the decision while we continue to manage the budget so that core services the people of Illinois depend upon can be provided for the entire year,” said Quinn’s statement.

Hearings on the facility closures begin this week. 

State losing ground on poverty goals

By Jamey Dunn

A government commission seeking to cut extreme poverty in half in the state by 2015 says Illinois is moving in the opposite direction of that goal.

A report released by the Commission on the Elimination of Poverty found that more than 800,000 people are living in extreme poverty in the state. That number increased by more than 200,000 since the General Assembly created the commission in 2008. Extreme poverty is defined as an income that is less than half of the federal poverty level. For a family of four that would mean $11,175 a year. Making up 10 percent of those who are extremely poor, children are the most represented age group. More than12 percent of people living below the extreme poverty line have a disability that hinders their ability to work.

The recession that has pushed more residents into poverty and made things harder for those already below the poverty line has also strangled state revenues. With fewer tax dollars rolling in and much of the money from the recent tax increase going toward the state’s deficit, lawmakers made cuts to balance the budget. “The implications of substantial service cuts for those experiencing extreme poverty — many of whom rely on state-funded services in their communities to meet their basic needs — will be nothing short of devastating,” the report said. The commission’s report focused on several of the group’s recommendations from its 2010 plan. All but two of the legislative recommendations the group made last year and revisited in the report were defined as either “losing ground” or at a standstill.

Rep. La Shawn Ford, a Chicago Democrat and sponsor of a measure that would bar the state from asking most job applicants about nonviolent criminal records, said he has hope for his legislation. House Bill 1210 failed to emerge from committee during the spring legislative session. He said that The Illinois Department of Central Management Systems, which manages the state's workforce, is concerned about implementation costs, such as printing new applications. But Ford said he is working with CMS and hopes to revisit the issue during the fall veto session, scheduled for the end of October.

Ford said the plan would allow those who have paid their debt to society a chance to get back on their feet through work. “In fact, it would save the state a lot of money. The fact that we have so much recidivism — one of the reasons is that people can’t go back to work.” Ford said that jobs with specific legal requirements barring those with criminal records would be exempt from the bill. “The bill is pretty simple. The bill is safe. It eliminates employers or jobs in the state that the law automatically disqualifies. … You can’t apply for a job with law enforcement if you have a [criminal] background. The law disqualifies you. You can’t apply for a job dealing with money. The law disqualifies you.” Ford said if the state leads by example, private businesses might follow suit and stop asking about nonviolent criminal offenses. He added that the state could also offer incentives to employers that hire people with records. “It’s about time that taxpayers stopped footing the bill for individuals that are not able to go to work and pay taxes. We have to foot the bill by continuing to pay for their health care, pay for their incarceration or pay for them through social services.”

Some business leaders say components of the commission’s recommendations would potentially put more people out of work. David Vite, president of the Retail Merchants Association, said proposals such as raising the state minimum wage and requiring employers to give their work force paid sick leave would increase costs to business and deter hiring. He said in some cases, it might lead to layoffs, and some businesses would not be able to remain afloat under such demands. “It certainly would have reduced employment in the state and probably put some people out of business.”

Vite had a lukewarm reaction to one of the recommendations that did become law, House Bill 2927, and said it could help to spur hiring. The new law will offer subsidies to be spent on wages to employers who hire new workers. The companies and nonprofits that take the subsidies must agree to keep new workers even after the state stops helping to pay their wages. The subsidies are to be distributed throughout the state based on unemployment rates. “It’s not exactly what we would like, but anytime you give an opportunity to reduce the cost of labor in the state, it can give a positive effect,” Vite said.

Maywood Democratic Rep. Karen Yarbrough, who sponsored the legislation that created the commission, said the report was upsetting but not a total surprise. “It’s very distressing. I didn’t expect it to be so dire. But it is, and I understand why it is. Because working in our district offices, I mean, you see it up front and personal. This summer has been extremely distressing. People who have lost their homes, lost their jobs and probably the most important thing is that in some cases — lost hope.”

She acknowledged it is difficult to find support for proposals that would increase costs to the state or to businesses in the midst of a budget crisis and after the passage of an income tax increase. “We have an obligation. However we get it done, we have an obligation to the least of them. … We have a moral obligation to figure this out,” she said. “I understand the reality. It’s tough. But it’s our job. We signed up for it as legislators.”

The report said that the goal of eliminating poverty did not come out on top when weighed by legislators with other concerns and limited money to spend. Along with passing few of the group’s recommendations, lawmakers also shifted money away from the Temporary Assistance for Needy Families program, slashed programs for the homeless and transitional housing and eliminated two income assistance programs. “Faced with difficult decisions about state budget cuts and policy priorities, policymakers failed to prioritize funding for programs and services and substantive bills that would meet the needs of the most vulnerable. Only by refocusing and reprioritizing in the coming year will our state be able to decrease the number of individuals and families living in extreme poverty.”

Kimberly Drew — a policy associate for the Heartland Alliance for Human Needs & Human Rights, which provides assistance to the commission — said that group considered the state’s budget shortfall when making its recommendations. “There was much discussion around the current state of the Illinois budget and really what could gain traction around the budget climate.” She said administrative changes, such as Ford’s proposal and streamlining the application process for assistance programs so those who are eligible for multiply programs could cut down on the number of applications they submit, are low cost solutions. However, she said the commission will also lobby lawmakers to restore funding to the eliminated income assistance programs and programs for the homeless, among other cuts. “We want to raise up some of the cuts that have had particularly devastating impacts on people who are in extreme poverty. … The cuts to housing programs have been particularly hard felt.”

Union asks state to slow down on closures

By Jamey Dunn

A union representing public employees is asking lawmakers to slow down on their timeline to consider the closure of several state facilities.

According to Gov. Pat Quinn, the budget passed by lawmakers falls $313.5 million short of paying for state operations through the end of the current fiscal year. The governor’s proposed solution includes closing seven state facilities and laying off about 1,900 employees, which he said will save the state about $54.8 million.

But Henry Bayer, executive director of the Council 31 of the American Federation of State, County and Municipal Employees, said the schedule for hearings before the legislature's Commission on Government Forecasting and Accountability, which will make recommendations on the proposed closures, would discourage input from the public. “[T]he administration is intent on implementing these closures as quickly as possible with as little public scrutiny as possible. Unfortunately, it appears that COGFA is prepared to collaborate in this effort to stifle public review and input rather than seeking to provide an independent review based on the broadest possible public examination of the facts — as is the clear intent of the law,” Bayer stated in a letter sent to COGFA members.

A statement from AFSCME says that scheduling a hearing on the Singer Mental Health Center in Rockford for next Wednesday — giving the public a week of notice — as  well as scheduling another hearing on the Murphysboro Youth Center in Carbondale on a weekday morning makes it difficult for concerned citizens from the community and employees of the facilities to attend. AFSCME also complained that COGFA does not plan to conduct a hearing on the Tinley Park Mental Health Center because the commission already voted in support of closing the institution in 2009.

AFSCME is asking that hearings be held on nights or weekends, that two weeks notice is given before any hearings and that the hearings be held in the same municipality as the facilities  being considered for closure.

Hinsdale Republican Rep. Patricia Bellock, a COGFA co-chair, said scheduling decisions are based solely on the logistics of trying to get as many COGFA members to a hearing as possible. She adds that the legally required timeline for a facility closure forces COGFA to act quickly when making recommendations. “We certainly want to give transparency. The whole reason we are having theses hearings is so that people can have public comments.”

Bellock, who voted to close the Tinley Park center in 2009, said she understands that things have changed since then, but she said she does not know if COGFA will reverse its decision about holding a new hearing. “We did have the hearing. We had a long hearing on it.”

Bellock said that no matter how soon COGFA makes its recommendations, the closure of any of the state faculties will take time if it is to be done right.  “It took us over two years to transition people out of Howe [Developmental Center in Tinley Park.] …. So the governor, I know he feels financial pressures, but at the same time these are people’s lives and these are people’s jobs and these are people’s communities.”

Lawmakers weighing health care concerns

By Jamey Dunn

During down time between the spring legislative session and the fall veto session, Illinois lawmakers are meeting to address looming health care issues.

A working group led by Chicago Democratic Rep. Sara Feigenholtz, who heads the House Human Services Budgeting Committee, is looking for ways to cut Medicaid costs. The budget approved by the committee, which went on to be approved by the legislature, pushes millions in Medicaid costs into Fiscal Year 2013. According to Feigenholtz, the overall Medicaid budget — which is spread out over several state agencies — is slated to lose $765 million in federal stimulus funding in FY 2012. “In FY 13, when we come look at our Medicaid numbers, we’re all going to faint. We’re all going to faint,” she said when her committee was crafting the human services budget this spring.

The working group is considering is the budgets for the Illinois School for the Deaf and the Illinois School for the Visually Impaired, both located in Jacksonville, as potential areas of savings. Gov. Pat Quinn’s administration warned last April that the cuts to the human services budget that the House was pushing could close the schools. That threat met passionate opposition from legislators. Members of Quinn’s administration now say they are looking for ways to capture education dollars to fund some of the schools’ operations, and they also will reevaluate what methods are best for educating the state’s deaf and blind students. “The schools for the deaf and visually impaired in Jacksonville are one option in continuum. … Not the only option, not necessarily the best option for every family, but for many families it is,”Ryan Croke, Quinn’s deputy chief of staff, said at a Chicago hearing.

Department of Human Services Secretary Michelle Saddler said that housing the schools in her department places hiring and procurement restrictions not faced by other schools on the institutions. “The state agencies have quite a lot of process that we go through in procuring goods, commodities services, etc. And that makes it difficult for a school that needs timely procurement for school supplies.” She said the administration is weighing whether the schools should remain under her administration or be moved to another agency, such as the State Board of Education. “The school for the deaf and the school for the visually impaired are hybrid programs. … They are hybrid programs in that they’re located within the Department of Human Services, and yet they are schools. So they are education institutions with wrap-around human services, and they’re residential institutions.” Saddler added that DHS is looking for ways to direct education dollars to the schools. “In an environment of decreasing resources, and particularly decreasing resources for human services, how can we stretch human services dollars to serve all the many people, the 2 million people, that DHS serves every day? How can we stretch those while accessing education dollars that may be available both at the state and federal level?”

The schools charged a task force with determining which agency was best to oversee them, and that task force recommended in 2010 that they stay a part of DHS. The parent and alumni associations favor a plan that would make the institutions into lab schools. The group is looking to two lab schools run by public universities in the state as models. Margaret Vaughn, who lobbies on behalf of the parents of students at the schools, as well as the alumni, said the plan would allow the schools to receive general state aid funding that is doled out per student. She said that in total, the schools would receive about $2 million in education dollars if they were converted to so-called lab schools. “It would be at least a dent. At least it would be something. And $2 million is a lot of money, especially with the financial crisis that everyone is going through now.” However, representatives from the State Board of Education said such a plan would require changes to the law.

Saddler reassured parents and advocates that Quinn is not seeking to shut down the schools. ‘It’s not about closure, it’s about governance and how to access education funding.”

Another group of House members has been working through the summer to prepare for the creation of Illinois’ insurance exchange, which the state must have in place by 2014 under the new federal health care reform law. Insurance exchanges will allow customers to browse several insurance plans to find the one that is right for them. The added competition and new regulations are intended to drive down the cost, and those who cannot afford a plan on their own may be eligible for government subsidies.

The Illinois Department of Insurance is pushing lawmakers to pass legislation needed to create the exchange during their veto session, scheduled for the end of October. The group heard testimony from Wakely Consulting, a firm that specializes in implementation of the new federal reforms. Representatives from the firm told lawmakers that the exchange, which is funded in part by the federal government, would carry a price tag of about $92 million to get up and running. Most of the money would go toward technology costs.

Illinois Department of Insurance reports released this week project that the exchange will cut the number of uninsured residents by almost half. The report predicts that the percentage of uninsured Illinoisans will go from 12 percent in 2011 to 7 percent in 2012. The department estimates that 1.4 million Illinoisans will purchase insurance plans through the exchange. Phil Lackman, Illinois vice president of government relations for the National Association of Insurance and Financial Advisors, said once the exchange is up and running, it may be similar to travel sites such as Travelocity, where customers can, for example, search ticket prices from multiple airlines to find the best deal or the option that suits their needs. But Lackman warns that many people would still need the professional advice of an insurance agent certified by the state. “Health insurance is not an airline ticket; it is complicated, expensive, personal, critical to one’s health and financial security.”

Economic downturn may help keep space open at landfills

By Jamey Dunn

Illinois landfills have an average of 23 years of capacity left if they continue to accept trash at current rates, which the state’s economic slump may be helping to keep down.

In 2010, 43 Illinois landfills took in about 14 million tons of waste, about 11 percent of which came from other states. According to the Illinois Environmental Protection Agency’s landfill capacity report, 22 Illinois landfills accepted a total of more than 1.5 million tons of trash from other states including California, Iowa, Indiana, Kentucky and Wisconsin. The overall capacity of the state’s landfills, which is currently more than 303 million tons, decreased by 18.2 million tons or 5.4 percent in 2010. The measurements are based on waste before it is compacted for storage.

Landfills in  northwestern Illinois and the Chicago metropolitan area have the least amount of projected capacity. If landfills in that region continue accepting trash at their current rates, they will run out of room in 14 years. Of the seven regions the Illinois Environmental Protection Agency designates for solid waste management, five saw a shrinking capacity for trash in 2010 when compared with 2009 capacity levels.

Both the IEPA and those in the solid waste disposal industry say the state is in no immediate danger of running out of room for its trash. However, one industry expert said the recent dip in waste production could be an indicator of the state’s economic woes. “I think for the time being, we’re fine. The economy has not been booming, so we haven’t seen a big increase in waste production,” said David Hartke, president of the Illinois Counties Solid Waste Management Association. Hartke noted that the amount of waste going into landfills has dropped every year since 2006, and he said it is directly related to residents’ levels of consumption. Landfills saw a small increase —.5 percent — of the amount of trash they took in 2010.

Hartke, senior waste analyst for the Will County Land Use Department, said waste haulers in some northern areas of the state, where construction was booming in recent years, are now reporting up to 15 percent less trash as the building of homes and businesses has died off. “It is just interesting to see the amount of waste received as compared to our latest slump in the economy,” he said.

Overview of the state’s landfill capacity by region:

• Region One is the Northwestern Region, which includes the counties of Boone, Bureau, Carroll, DeKalb, JoDaviess, LaSalle, Lee, Ogle, Putnam, Stephenson, Whiteside and Winnebago. Landfills in the region would be able to take in trash for another 14 years at current rates. 
• Region Two is the Chicago Metropolitan Region, which includes the counties of Cook, DuPage, Grundy, Kane, Kankakee, Kendall, Lake, McHenry and Will. Landfills in the region would be able to take in trash for another 14 years at current rates. 
• Region Three is the Peoria/Quad Cities Region, which includes the counties of Fulton, Hancock, Henderson, Henry, Knox, Marshall, McDonough, Mercer, Peoria, Rock Island, Stark, Tazewell, Warren and Woodford counties. Landfills in the region would be able to take in trash for another 56 years at current rates. 
• Region Four is the East Central Illinois Region, which includes the counties of Champaign, Clark, Coles, Crawford, Cumberland, DeWitt, Douglas, Edgar, Effingham, Ford, Iroquois, Jasper, Livingston, Macon, McLean, Moultrie, Piatt, Shelby and Vermilion. Landfills in the region would be able to take in trash for another 26 years at current rates. 
• Region Five is the West Central Illinois Region, which includes the counties of Adams, Brown, Calhoun, Cass, Christian, Greene, Jersey, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott. Landfills in the region would be able to take in trash for another 26 years at current rates. 
• Region Six is the St. Louis Metropolitan East Region, which includes the counties of Bond, Clinton, Fayette, Madison, Marion, Monroe, Randolph, St. Clair, and Washington. Landfills in the region would be able to take in trash for another 18 years at current rates. 
• Region Seven is the Southern Illinois Region, which includes the counties of Alexander, Clay, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Lawrence, Massac, Perry, Pope, Pulaski, Richland, Saline, Union, Wabash, Wayne, White and Williamson. Landfills in the region will be able to take in trash for another 47 years at current rates. 

Maggie Carson, a spokesperson for the IEPA, said that the trend in Illinois is toward larger landfills that have the potential to grow. “The bigger picture is that the larger [landfills], and typically those managed by the large waste management companies, continued to get bigger,” Carson said. “They saw they way things were going was that smaller landfills were unable to meet the environmental requirements. They have space to continue to develop for the foreseeable future.”

Hartke said of smaller landfills: “They can’t afford to continue their operations. They can’t afford the meet regulatory requirements.” He said some requirements are confusing and difficult to implement. He pointed to a new law that will bar many electronics, such as computers and televisions, from being placed in landfills as of 2012. “It’s definitely going to be difficult for waste haulers and landfills to pull those items out, compared to tires, which are banned. It’s a lot more obvious to see a tire or landscaping waste, [which is also banned.]” Hartke said an exemption for businesses makes the law even more difficult to enforce in practice. “When you see a [computer] out there, how do you know if it was in a business or a house?” he asked. Hartke said several waste management operations are working on drafting a standard that all facilities in the state can live by.

Some advocates say state doesn't need all of its juvenile facilities

By Jamey Dunn

Juvenile justice advocates say that if Gov. Pat Quinn plans to close state facilities, he should consider shuttering some of the state’s juvenile prisons, which they say are far below capacity.

“The numbers do not justify running eight separate facilities for what is essentially [the population of] a high school,” said Elizabeth Clarke, president of the Juvenile Justice Initiative. According to an analysis of state records by the Juvenile Justice Initiative the average daily population for such youth institutions in the state was 1,113 in fiscal year 2011, down from 1,603 in fiscal year 2005 and 1,192 in fiscal year 2011. The same analysis estimates operation costs for the facilities as $92,257 per bed for fiscal year 2011.

Quinn proposed closing the Illinois Youth Center in Murphysboro as part of a plan to shut down seven state facilities and lay off more than 1,900 in state employees. Quinn said that the estimated $54.8 million in savings the plan would produce are needed to fund “core” services through the rest of the fiscal year. “I wouldn’t necessarily say that Murphysboro is the one to close,” Clarke said. She said the state needs conduct a review of all the facilities to determine which would make sense to shut down. Clarke said other states, such as California, Texas, Ohio and New York are doing just that. “Eventually, states around the country have decided that this isn’t sustainable,” she said. “This really is a time for the state to take a comprehensive look at the juvenile detention system and shift those resources, as other states are doing, into community based alternatives. … They’re shifting some of the savings to local communities to come up with their own approach that is based on local values.”

Clarke said some money from the closures would need to be filtered into community based alternatives to deal with youth offenders, but she said such closures would result in savings for the state. “There’s no value added by spending $90,000 a year on a kid versus $4,000 to $5,000 to $6,000 [needed for community programs].”Clarke said the argument really comes down to what gives the most bang for the buck. “The outcomes [of incarceration] are terrible. We know that half the kids will be back in juvenile prisons in three years.” Advocates say that the public perception that all kids who are incarcerated are violent offenders is inaccurate. They say multiple parole violations often cause judges to throw up their hands and send kids away. “A series of probation violations, no matter how frustrating, is not the kind of violent act that alone could arguably justify this kind of intense incarceration and this kind of expense,” Clarke said.

However, union officials say the proposed closures are unnecessary and would hurt those in need of services, as well as harming the communities where they are located. Anders Lindall, spokesperson for the American Federation of State County and Municipal Employees Council 31, said state agencies may not have been given enough authority to spend to get them though the fiscal year, but that is different from the state just not having the money. “It’s not a matter of agencies running out of money, and it’s not a matter of anything looming imminently.” He said lawmakers could pass supplemental appropriations, giving agencies the power to spend more and fully fund their work through Fiscal Year 2012. “It is very common for such a supplemental appropriations to be passed. It’s a very run-of-the mill budget management tool, and it can save these jobs and services.”

Lindall said advocates who are rallying around the potential closure of state facilities — such as some from the community that supports developmentally disabled residents — are “extremists” jumping at a chance to fulfill long held political goals. “It’s really unfortunate that a special interest can try to use a budget crisis for their ideological ends,” he said. He said many so-called community care facilities and programs are overwhelmed, pay low wages to workers, see high workforce turnover rates and simply cannot meet the virtually round-the-clock needs of some individuals currently in state institutions. Lindall said of Quinn’s plan: “It poses a dire threat to services for some of the most vulnerable people in Illinois, individuals with profound mental health crises, and the safety of the state’s prisons, in addition to 2,000 jobs.”

Clarke acknowledged that many communities do not want to give up the jobs that state institutions bring. She said expanded community programs will create jobs, and some facilities should be retrofitted and repurposed. The John Howard Association, a prison watchdog group, suggests transferring the Murphysboro facility to the Department of Corrections as a means to ease overcrowding of adult prisons.

Clarke said ultimately, economic concerns are not a good reason to keep youth prisons — which she said are wasting tax dollars on inefficient treatment methods — in business. “Funding for juvenile justice is a limited amount of money, and we want to use it in the best way possible,” Clarke said. “Your jobs should not be built on the back of human misery. That should not be our job development plan.”

Advocates support closures if handled with care

By Jamey Dunn

While some see Gov. Pat Quinn’s plan to close several state facilities as tinged with partisan politics or as a headline grabbing strategy to put the screws to state legislators over the budget, some advocates see it as an opportunity.

After Quinn announced the potential closure of seven facilities throughout the state as well as the layoffs of more than 1,900 state employees, some Republicans fired back. “Is this political payback and an attempt to ratchet up political pressure? Is that really the first place you need to go to save less than 1 percent of the budget?” Palatine Republican Sen. Matt Murphy asked of Quinn’s proposal.

The facilities Quinn said he plans to close are Tinley Park Mental Health Center, Singer Mental Health Center in Rockford, Jacksonville Developmental Center, Jack Mabley Developmental Center in Dixon, Logan Correction Center in Lincoln and Illinois Youth Center in Murphysboro. Quinn said the budget lawmakers sent him would not fund state agencies through the end of the fiscal year. He claims a shortfall of $313.5 million and said the closures would save about $54.8 million. Quinn said he is open to working with lawmakers in the fall veto session to close the budget gap, and potentially avoid some of the closures.

But advocates for the developmentally disabled say that the closure of state mental hospitals and developmental centers — if handled properly — would be a step in the right direction. In recent years, a movement has emerged to urge the state to move away from the model of large institutions and into so-called community care providers. For many individuals, that would mean moving into group homes that have far fewer residents and that could be closer to family and loved ones than state institutions. “We see this as a wonderful opportunity. When times are tough, there are some positives that can come out of it,” said Don Moss, coordinator for the Illinois Human Services Coalition. Moss said the state must take three steps to turn such closures into a positive for the developmentally disabled community. First, Moss said any residents of the facilities that may close who want to stay in an institutional setting should have an option to transfer to another facility. “We would hope that the great majority of the individuals would chose to move into the community, and we have to gut feeling that they will.”

Moss said that caring for institutionalized individuals can cost more than $150,000 a year. He said that currently, the state spends about $50,000 annually per person receiving care in a group home. He said, while shifting people to community care will result in savings, the funding level should increase to $75,000 per person.

Moss said that getting more funding for community care could be politically difficult, given the state’s budget woes, next year’s election looming in lawmakers’ minds and the power of the unions that represent the workers facing potential layoffs. “With an election next year and [the American Federation of State County and Municipal Employees] being all-powerful, there may be pressure from legislators who want to keep the jobs in their district.” But Moss said “the needs of the individuals should be prioritized over jobs for state employees and over political consideration.”

The American Federation of State, County and Municipal Employees can be expected to fight the closures and lobby lawmakers to do all they can to stop Quinn. “This course of action would be in direct violation of negotiated agreements with our union," Henry Bayer, executive director of AFSCME Council 31, said in a prepared statement. "Moreover, it would have a dire impact on the maintenance of public safety and the delivery of services of vital importance to the people of Illinois." Bayer said that tough economic times have led to increased demands for state services, and the proposed closures and layoffs would “plunge state government into chaos.”

Moss said Quinn’s plan would also have to be undertaken gradually. “That would mean not dumping people into community programs that aren’t suitable for them or [placing residents in homes] they’re not ready for.” Moss said he thinks the state could meet Quinn’s goal of starting closures at the beginning of next year “if they begin now and plan carefully.” He said if the state rushes and floods the community care infrastructure with new clients, it would create the potential for mistakes that would set the movement back. “If there’s a series of catastrophes in the community [care] it’s going to slow down and potentially halt such movement into the community,” Moss warned. “It has to be done well or not done at all.”

Rep. Patricia Bellock, a Hinsdale Republican, agreed that Quinn’s plan could be an opportunity for those who would like to see the state’s mental health hospitals and developmental centers closed. “That is what people want. That is what the disabled community wants.” Bellock, the top Republican on the House’s Human Services Committee, said patients should be able to choose where they will go, and state funding should follow them in that choice. Bellock said that when the state closed the Howe Developmental Center in Tinley Park last year, about two thirds of patients were transferred to other institutions, while one third went elsewhere, including community care facilities. Bellock does not agree with advocates such as Moss who say that all the state’s large facilities should be closed. “I feel that there probably needs to be a couple.”

Moss said members of his community hope that Quinn’s plan is genuine and not just an attempt to twist arms over budget decisions. Social services providers, as well as those needing treatment for mental illness and developmental disabilities, have been on a roller coaster ride during much of Quinn’s administration as he has threatened substantial cuts during difficult budget negotiations, only to later roll back proposed reductions. “We have to grab hold of this situation and hope to maintain the momentum,” He said of Quinn’s latest plan.

Check back tomorrow for perspectives on Quinn's plan from the juvenile justice community.  

Quinn vetoes smart grid bill

By Jamey Dunn

Gov. Pat Quinn today followed though on his vow to veto a bill that he says asks too much of energy consumers in the name of progress.

Quinn shot down Senate Bill 1652, legislation that would allow the state’s two largest utility companies, Commonwealth Edison and Ameren, to increase customers’ rates by up to 2.5 percent annually as part of a plan to upgrade the state’s electric grid. The companies would be required to invest $3.2 billion in the grid over 10 years by making basic upgrades, as well as adding so-called smart technologies that would allow consumers to track their energy usage and possibly save money. The measure would also require ComEd to create 2,000 new jobs through the plan and Ameren to create 450 jobs.

Quinn, Attorney General Lisa Madigan, consumer advocates AARP and others have vocally opposed the legislation since its inception. “This bill would have been devastating for Illinois consumers,” Madigan said at a Chicago news conference today. “It’s hardly something that we should have shoved down our throats and taken out of our wallets here in the state of Illinois.”

They say the bill would allow companies to defer all the risk of new investments to consumers by ensuring that utilities see all-but-guaranteed profit increases. Madigan said the bill would “gut” the state regulatory system that requires utilities to make their cases for rate increases to the Illinois Commerce Commission. Doug Scott, director if the ICC, said the legislation allows utilities to charge customers for much more than grid upgrades, including lawyers' fees and charitable contributions. “This isn’t just about smart grid, and it isn’t just about infrastructure,” Scott said.

Sen. Mike Jacobs, a sponsor of the bill, said Madigan and others are grandstanding and blocking a bill that would bring economic growth and new jobs to the state, as well as improved service for utility customers. “When you move away from the politics, where everybody wants to make their two cents on their press releases, and look at the bill, it’s an upgrade,” said Jacobs, an East Moline Democrat.

Supporters and opponents of the legislation both point to summer storms that led to mass blackouts in the northern Chicago suburbs as a way to make their case.

“In particular, this bill grants unprecedented advantages to Illinois utilities that have a less than stellar record for providing reliable service. Recent storms in the Chicago area exposed significant service shortcomings, and more than 1.5 million people suffered through lengthy and widespread outages. Local businesses and consumers who depend on regular, predictable electricity suffered enormously. These interruptions impose a profound hardship on the state’s economy and are simply unacceptable,” Quinn wrote in the message that accompanied his veto. “More troubling is that while customers suffer service interruptions and higher rates, these same utilities have been in Springfield advocating for a bill that erodes meaningful consumer protections. These utilities have been trying to dramatically change the rules to guarantee annual rate increases, while eliminating accountability for, literally, leaving people in the dark.’

But Jacobs said that smart-grid technologies could have prevented some of the blackouts and helped to turn the lights back on more quickly for those who lost power.“You can’t buy champagne on a beer budget. … The fact is that Illinois is a leader in energy, and it’s time for the governor to lead,” Jacobs said. He said it is “disingenuous” of Quinn to support energy conservation and earth-friendly policy but oppose SB 1652, which could allow for more power generated by renewable sources.

Some environmental advocates did jump on in support of the plan after a rewrite emerged at the end of the spring legislative session. Jack Darin, director of the Illinois chapter of the Sierra Club, said the bill that legislators passed would allow more companies, such as big box stores, to generate their own power through wind, solar and other means. “We could see every large rooftop in the state potentially being a clean renewable energy power plant, whether it’s a big box store, parking garage or office space,” Darin said. He said his organization backs the bill strictly on its environmental merits, but he said lawmakers should also recognize the concerns of consumer advocates.

Quinn is pushing his own piece of legislation that he says would help to improve the grid while protecting consumers. However, Jacobs and the House sponsor, Orland Park Democrat Rep. Kevin McCarthy, said they are confident that they will be able to find the votes needed to override Quinn’s veto.

Quinn said that business owners came to plead with him to veto the bill and that the majority of Illinoisans do not support the plan. “We’ll, I think, show them… that the people of Illinois are mightier than Commonwealth Edison.”

Skokie Democratic Rep. Lou Lang said ComEd needs to step up its customer service efforts if the company wants lawmakers who did not support the bill last time to change their votes. He said his constituents who lost power over the summer were less upset about the lapse in service and more worked up about the way the company treated them when they called to report that their power was out. “The people that called my office irate did not call here just because they had a power outage,” Lang said.

For more on what defines smart grid technology and its potential public policy implications for the state, see Illinois Issues July/August 2011.

Quinn: "Something has to give"

By Jamey Dunn

Gov. Pat Quinn said his hands are tied by the budget approved by lawmakers as he announced a plan today to close seven state facilities and projected future cuts he says are needed to keep the state’s “core services” afloat.

“It’s time for a rendezvous with reality,” Quinn said in comments directed at lawmakers today. “If you vote for something in the spring, don’t run away from it in the fall.” The governor said legislators approved a budget that would cause some state agencies to run out of money before the end of the year. He says his plan to close state facilities would result in more than 1,900 layoffs and about $54.8 million in savings. “Something has to give, and what has to give is we have to close down some of those facilities,” Quinn said today at a Chicago news conference.


The facilities Quinn wants to close are:

• Tinley Park Mental Health Center. The facility has a capacity of 75, a staff of 195 and an annual operating budget of about $20.1 million.
• Singer Mental Health Center in Rockford. The facility has a capacity of 76, a staff of 150 and an annual operating budget of about $13.6 million.
• Chester Mental Health Center. The facility has a capacity of 243, a staff of 464 and an annual operating budget of approximately $34.7 million.

• Jacksonville Developmental Center. The facility has 196 residents, a staff of 420 and an annual operating budget of about $27.9 million
• Jack Mabley Developmental Center in Dixon. The facility has 91 residents, a staff of 163 and an annual operating budget of about $10.7 million.
• Logan Correctional Center in Lincoln. The facility has a population of 1,980, a staff of 357 and an annual operating budget of approximately $30.5 million.
• Illinois Youth Center in Murphysboro. The facility has a population of 59, a staff of 101 and an annual operating budget of about $8.6 million.

Additional layoffs in the Illinois Department of Human Rights, the Illinois Commerce Commission the attorney general’s office and the Civil Service Commission would bring the total number to 1,938. Some money and staff will presumably be shifted as patients and prisoners are moved to other facilities. Quinn did not outline any specifics on how the closures would actually take place, saying only that facilities would not be closed until around January. “This is not an overnight process. There’s a legal process, an orderly process, that allows us to present what we intend to do.”

Quinn’s administration has submitted its intent to close the facilities to the Commission on Government Forecasting and Accountability (COGFA). The group will weigh the plan and submit recommendations. COGFA member Sen. Dave Syverson, a Rockford Republican, said the commission should hold hearings throughout the state so the public — especially in the areas of the proposed closures — can provide input. He questioned why Quinn did not go through the process of public hearings before making today’s announcement. “If the governor was serous about wanting to do this, he should want public buy-in and make the case to the public ahead of time,” he said.

Singer Mental Health Center was in Syverson's district until the recent legislative remap. He said his community, which consistently has one of the highest unemployment rates in the state, would feel the loss of more than 100 jobs. He added that closing Singer would put a burden on local law enforcement and hospitals. Syverson said if Quinn makes a strong case that the closure of any facility is a financially sound decision, he would support it. “I am certainly open to that, and I’m certainly willing to take that tough vote. I think that many people on COGFA are willing to take that vote.”

The layoffs of state workers would come on the heels of Quinn’s refusal to give out pay raises included in union contracts. A federal court today tossed out a challenge to Quinn’s move, which effected about 30,000 workers and would save the state an estimated $76 million. The American Federation of State County and Municipal Employees plans an appeal. Unions officials say the plan to close facilities is unnecessary. “The governor is apparently concerned that there is not sufficient appropriations authority to maintain services at their current level until the fiscal year ends next June. We agree that a supplemental appropriation is needed. But there is certainly not a funding crisis at this point in time. There is merely a crisis of will,” Henry Bayer, executive director of AFSCME Council 31, said in a written statement.

Quinn said the skipped raises and layoffs are parts one and two of a three-part plan to make up what he says is a $313.5 million budget shortfall. After both actions, Quinn says about $182.8 million will still be needed to keep basic state services running through the end of the fiscal year. He says the third part of the plan is dependent on what actions the legislature takes during veto session, scheduled in October. Quinn urged lawmakers to approve his budget vetoes to free up funds to spend elsewhere. “So we have a little extra flexibility within the spending plan.”

Quinn may find support from Senate Democrats, who launched a failed attempt to push for more funding in the closing days of the spring session. "The senate president already stated his intent to revisit the shortcomings of the budget that was passed this spring. In days and weeks ahead, we will study the governor's plans to determine what legislative action may be needed,” Rikeesha Phelon, a spokeswoman for Senate President John Cullerton said in a written statement.

Quinn said while he wants to work with lawmakers to try and find a different outcome, he cannot count on them tweaking the budget in a way that would allow him to avoid closing facilities. He said he has to get the ball rolling on closures to ensure that they can come in time to save money during the current fiscal year. “I can’t be waiting for members of the General Assembly to come to a different conclusion. We’ve got to act now because it’s going to take several months.”

He added, “Nobody’s laid off tomorrow. No facilities are closed tomorrow. … It’s painful, but necessary for the good of the people.”

Quinn: "I’m prepared to do what has to be done"

By Jamey Dunn

Gov. Pat Quinn says he may have to make drastic cuts and violate an agreement made with public unions to stretch the state budget through the end of the current fiscal year.

The Chicago Tribune reported today that Quinn plans to lay off thousands of state workers and close several sate facilities. Potentially on the list for closure are prisons, juvenile detention centers and mental health hospitals, according to the Tribune. Quinn would not say which facilities would be slated for closure or how many state workers would be out of a job, only saying that his plan would be carried out in an “orderly way according to the law.” Quinn told reporters in Chicago today that he plans to give more details about the layoffs later this week. “It’s very clear that as we went through this fiscal year, we’re going to come up short in a lot of departments. So we have to act now so we don’t come up short,” he said.

Quinn argues that the budget sent to him by lawmakers will not fully fund state agencies through the year. “There’s no question that their decisions will result in a situation where our state won’t have enough money to get through the fiscal year, so we have to make reductions. I’m prepared to do what has to be done,” Quinn said. The governor refused to give union members raises that are included in their contracts because he says lawmakers did not include the money for pay increases in the budget. The American Federation of State County and Municipal Employees has sued the state over the raises.

If he lays off state workers, the governor will violate an agreement he made with unions shortly before his election last year. Quinn says that such agreement, as well as bargained contracts, are subject to the spending authority given by lawmakers. “The law of Illinois is crystal clear. Everybody knows what it is. … If the General Assembly appropriates less money, then everyone has to adjust to that.”

Henry Bayer, executive director of AFSCME Council 31, said Quinn has not notified his organization about any plans to close facilities or layoff workers. “This course of action would be in direct violation of negotiated agreements with our union. Moreover, it would have a dire impact on the maintenance of public safety and the delivery of services of vital importance to the people of Illinois,” Bayer said in a written statement.

Sen. Bill Brady, a Bloomington Republican, speculated that Quinn may be threatening closures to put pressure on the legislature to make budget changes. “This is a governor who just flips and flops and backs out on every promise he made,” Brady told WJBC. “The games he plays are costly.” He said the deal Quinn made with public employee unions would have been impossible to honor, given the state’s dire fiscal situation. “It was a simple political solution for him at the time.” Quinn’s narrow victory over Brady in the gubernatorial race came in part because of union driven get-out-the-vote efforts. Quinn did not seem concerned today about losing the backing of organized labor, a long-time Democratic ally in the state. “I have many many friends in labor. I have enjoyed their support, and I will continue to enjoy their support, and I look forward to working with members of labor on all kinds of battles ahead."

Brady said he thinks any facility closures will be politically motivated and concentrated in Republican lawmakers’ legislative districts.

Quinn says he is willing to work with lawmakers to tweak the budget in other ways. “We can come together, the legislature and the governor. And if they want to make adjustments on their decisions of the spring, I am willing to negotiate and have a dialogue with them.” Quinn has a history of threatening budget reductions that make splashy headlines and outrage groups that are willing and able to raise a fuss publicly and put pressure on lawmakers, only to later roll back the cuts. However, several other states—including many of Illinois’ Midwestern neighbors—are targeting unions for cost savings since the financial collapse and ensuing recession.

Quinn, lawmakers and advocates push back on immigration policy

By Jamey Dunn

Gov. Pat Quinn, lawmakers, law enforcement officials and immigrants rights groups are pushing back after the federal government said the state could not opt out of an immigration program.

Quinn sent a letter to the federal Immigration and Customs Enforcement agency (ICE) in May that said Illinois was pulling out of the Secure Communities program. Under Secure Communities, local law enforcement agencies share fingerprints of arrestees so the feds can check their immigration status. The program was billed as a way to deport hardened criminals who are here illegally. Quinn wants to pull Illinois from the program because he says the ICE is using the information to deport petty offenders and people who have never been convicted of a crime. He froze enrollment in the program in November, but 26 counties signed up before the freeze.

However, the ICE told Quinn and 37 other governors earlier this month that the agency does not need an agreement from the states to administer Secure Communities. The ICE plans to implement Secure Communities nationwide by 2013. The letter sent to states said the program has undergone changes and now focuses its “limited resources” to those individuals who “pose a threat to public safety or who have flagrantly violated the nation’s immigrations laws.” It also says the Department of Homeland Security plans to consider changing the way the program “addresses” people arrested for minor violations, such as traffic offenses.

Quinn responded by asking ICE to contact law enforcement in each of the 26 counties and confirm their continued desire to participate in Secure Communities. The letter written by John Schomberg, Quinn’s general counsel, to John Morton, director of U.S. Immigration and Customs Enforcement, said the program has the opposite effect of its stated goal. “Rather than making our communities safer, the program’s flawed implementation divides communities and families and makes the people of Illinois less inclined to reach out to law enforcement. A program that was supposed to be targeted toward individuals convicted of serious crimes … instead frequently targets individuals who have been convicted of no crimes at all — the mother on her way to work; the father dropping his kids off at school,” the letter said. Schomberg also voiced concern about the agency’s plans to expand Secure Communities. He writes, “[The] ICE’s solution to a troubled program is to make in mandatory and nationwide.”

Brie Callahan, a Quinn spokesperson, said that ICE has an obligation to inform counties about “what the program is, was and has become.” She said some counties requested that the state pull out of Secure Communities. Callahan said the state has no immediate plans to take the feds to court over the issue.

A group of state legislators, U.S. representatives, Chicago aldermen, religious figures, law enforcement officials and immigration reform advocates also wrote to Morton denouncing ICE’s decision to override states that wanted to drop out. Many of the public officials named in the letter are Democrats. However, Republican Lake County Sheriff Mark Curran signed on in support. The group says that the agency jumped the gun by issuing an edict before a Department of Homeland Security task force could make recommendations. “We call upon you immediately to halt the Secure Communities program and work to reshape enforcement policy so that they respect local law enforcement, immigrant families and the will of our governor and our people,” the letter said.

While Illinois may not plan to sue over the program, the Heartland Alliances National Immigration Justice Center has filed a lawsuit against the Department of Homeland Security challenging the constitutionality of aspects of Secure Communities. “Once detained, immigrants face monumental challenges to remain in the United States. Unlike individuals incarcerated in the criminal justice system, immigrants in deportation proceedings — a majority of whom have never been convicted of a serious crime — are not provided court appointed lawyers. They are detained in isolated jails and prisons without access to attorneys and family because phones at facilities seldom work, and U.S. mail is delayed indefinitely. The immigration detention system fueled by the Secure Communities program erodes immigrants’ fundamental procedural protections,” Mony Ruiz-Velasco, director of legal services for the Heartland Alliance’s National Immigrant Justice Center, said while testifying at a recent Chicago hearing on the program.

For more on conflicts between states and the federal government over immigration policy see Illinois Issues June 2011

Catholic Charities continues fight for state contracts

By Jamey Dunn

Catholic Charities organizations are appealing a court ruling that said the state has the right to end contracts with the organization for foster care and adoption services.

Kendall Marlowe, spokesperson for the Department of Children and Family Services, said the state did not renew contracts with the group because representatives of Catholic Charities voiced the organization’s intention not to comply with the state’s new civil unions law. The organization planned to refer couples in civil unions seeking to be foster or adoptive parents to another provider. The contracts are renewed on an annual basis. “We were unable to enter into contracts with them for Fiscal Year 2012,” Marlowe said.

The Catholic Conference of Illinois pushed for a bill during the spring legislative session that would have allowed them to refer couples in civil unions to other providers, but the measure was shot down in a Senate committee. When the state informed the organization that it would not renew the contracts, the Thomas More Society, a conservative legal organization, launched a lawsuit against Illinois. Sangamon County Circuit Judge John Schmidt ruled that the organization was not entitled to a renewed contract. “No citizen has a recognized legal right to contract with the government,” the opinion said.

The Thomas More Society today asked the court to stay the ruling and plans to file an appeal based on the fact that the ruling did not touch on the religious rights of Catholic Charities. “Catholic Charities is one of the lead providers of foster care services in the state. They have been valued partners for decades. Clearly the intent of the civil union law was not to force the state to end these contracts and force the transfer of thousands of children’s cases,” Bishop Daniel Jenky of the Diocese of Peoria said in a written statement.

Human rights organizations say Schmidt made the right decision. “The court correctly concluded on procedural grounds that the state could decline to renew its contracts with four dioceses of Catholic Charities. The state chose not to renew their contracts because they insisted on violating state and federal law by refusing to place children in the homes of couples in civil unions. Illinois correctly determined that this practice was bad for kids, could deny many of them their best opportunity for a better life, and that the state's obligation was to make the transition to other providers as seamless as possible,” Camilla Taylor, director of Lambda Legal’s Marriage Project, said in a written statement.

DCFS has been working on a plan to shift all of the approximately 2,000 foster care and adoption cases administered by Catholic Charities to other social services providers. The department already moved 300 children to a new agency in June after Catholic Charities of Rockford announced it would no longer handle the cases. Marlowe said that ideally, children and families aren’t even aware of the shift because caseworkers move to a new agency as well. “The only change that the child and foster family may perceive is a different logo at the top of the letterhead. All that has to change is the agency supervising the case.” Marlowe said that the department is moving forward with its work and plans to have all cases moved to new agencies by the fall “We would obviously respect any court orders that come down. But in the meantime, our orderly process goes forward.”

Superintendents consider appeal

Regional superintendents are mulling an appeal to a ruling today denying their request for pay.

Sangamon County Circuit Judge John Schmidt issued an order today saying that he did not have the power to force Gov. Pat Quinn to pay the superintendents. Quinn had vetoed the funding for the administrators' salaries, and they have not been paid since the beginning of the new fiscal year on July 1. "The association is reviewing the results of the court's ruling and its legal options, including an appeal. We will thoughtfully consider our next steps and make the appropriate decision at the right time, understanding the time frame allotted to us under court rules," Bob Daiber, president of the Illinois Association of Regional Superintendents of Schools, said in a written statement. The group would have to file for an immediate appeal by early next week or would have up to 30 days to file a traditional appeal.

Daiber said the association will also turn to lobbying lawmakers for pay checks. Legislators could override Quinn's veto and restore the funding or approve legislation being crafted by Quinn that would shift the cost to local governments.

Court rules against regional superintendents

By Jamey Dunn

A circuit judge ruled today that he does not have the power to force Gov. Pat Quinn to pay regional school administrators who have not seen a paycheck since the start of the fiscal year. UPDATE: Quinn says regional superintendents will have to wait for pay until veto session.“There’s a policy issue that has to be decided," Quinn told reporters in Chicago today. “It will be resolved when the General Assembly comes back into session in late October.”

Quinn vetoed the pay for regional superintendents and their assistants in June, saying they should be paid from local revenues. As a result the elected administrators have not been paid since the fiscal year began on July 1. The group was working with the governor on a plan that could appear before the legislature in the fall veto session, scheduled for October. They were also lobbying lawmakers to override the governor’s veto if the plan fell through. In the meantime, they took the state to court asking to be paid until a solution can be found.

Sangamon County Circuit Judge John Schmidt sympathized with the superintendents in a hearing yesterday, saying he knew the lack of pay was causing them hardship, but he voiced concerns that ordering Quinn to pay would blur the separation of powers between the branches of government. He ruled today that he does not have the authority to essentially override the governor’s veto and force the state to cut the checks. “The Illinois Constitution states very plainly that the governor may veto an item of appropriation. To hold otherwise would thrust the court into the appropriation process. Such would be contrary to the Illinois Constitution.”

One of the superintendents’ lawyers, Charles Schmadeke, argued at the hearing yesterday that the group was asking Schmidt to enforce the statute that creates their positions and sets requirements for their pay. “While we respect Judge Schmidt and the difficultly of this decision, we are clearly disappointed in the ruling,” Raylene DeWitte Grischow, another lawyer working on the case, said in a prepared statement. “If the judiciary cannot compel the executive branch to follow the law, the result is that there are 80 Illinois families who are doing the state's important and critical work in education without payment and struggling each day to make ends meet. It is our view that the state is making the superintendents fund the operations of their offices out of their own pockets,”

Bob Daiber, president Illinois Association of Regional Superintendents of Schools, said the group plans to meet this afternoon to sort out what it plans to do next. “We respect the court's decision but are disappointed that the judge did not agree with us,” Daiber said in a prepared statement. “State law clearly calls for us to be paid for the good work we continue to do, but our fight continues. Today's outcome doesn't change that we believe this situation is totally unfair and against what this state stands for. We continue to work hard for the students, parents, educators and taxpayers of Illinois. And we will find a way through discussions with state lawmakers for a long-term funding solution. Clearly, the pain continues for many superintendents and their families during this very difficult time, and hardships are growing every day. They will have to make difficult decisions as this crisis continues, as we work through the inconsiderate decision to end our funding with no other plan in place to pay us for doing our jobs,” 

Quinn says he wants to continue working with superintendents and lawmakers on his plan to pay the administrators with local funds. “I think the judge made the right ruling, and we move on from there. We want to work with everybody. But I think the best way to work together would be to support the legislation that would have this particular group of educational bureaucrats paid for from local funds not from state funds.”

Separation of powers at play in regional superintendents' court case

By Jamey Dunn

Regional superintendents will have to wait at least one more day to find out if they can expect pay checks in the near future.

In June, Gov. Pat Quinn used his veto pen to slash the funding for their salaries from the budget lawmakers sent him, saying he believes the administrators should be paid at the local level. As a result, the superintendents have yet to receive a pay check since the new fiscal year started on July 1. Quinn’s administration is working on legislation to draw the salaries from a local tax, and lawmakers could vote to override the veto. But neither of those things would likely take place until the legislature's veto session, scheduled for October. The superintendents have asked a Sangamon County judge to force the state to pay them until a solution can be found. They are not seeking back pay through their request.

“They provide a very important cog in the machine of public education,” Charles Schmadeke, who is representing the superintendents, argued in court today. He said that the Illinois State Board of Education (ISBE) could pay the administrators from a fund used to pay board personnel, which he said is described in the law as money to ”pay the people who do the job for the Illinois State Board of Education, and that’s what these [superintendents] are doing.”

He acknowledged that it was Quinn’s right as governor to veto the funding for the salaries. “We are not suggesting that the governor doesn’t have the power he engaged here; he clearly does.” However, he said, because the General Assembly created the positions and wrote the regional supeintendents'  pay scale into law, Quinn's action of taking away the funds does not mean he can simply not pay them. Schmadeke said that the law allows the state to pay them, even from the original funds that Quinn vetoed, regardless of the governor’s budget action. He said a change to the law would be needed to stop paying the administrators with state dollars.

Assistant Attorney General Terence Corrigan said that while lawmakers may have wanted the superintendents to be paid through state funds, the governor used his veto pen to remove the line item. He argued that without an appropriation, there is simple no authority to spend the money. “The fact that the legislature intended that they be paid doesn’t mean that the court can pay them with no appropriation.” Corrigan said that using personnel funds from ISBE would throw the agency into chaos because it could potentially run out of money to pay its staff. “In 60 days, the state board would basically cease to function.” Schmadeke countered that going to ISBE would only be a temporary fix and would not sink ISBE’s staffing budget. “Let’s have a hearing on the merits, but get these people paid in the meantime.”

Sangamon County Circuit Judge John Schmidt said he is concerned that his ruling could have a profound impact on the separation of the powers among the branches of government. He questioned whether the state’s argument could lead to a scenario where “basically the governor could do away with a statutorily created office” by vetoing the pay for the job. However, he questioned whether he had the authority to order the executive branch to spend funds. “There are no easy answers here,” Schmidt said. He said he was “aghast” that the state downplayed the hardship faced by the superintendents, who have gone months without pay. But he questioned what he could do to force Quinn to pay the administrators if he ruled in their favor and Quinn refused to comply. “I don’t issue orders I can’t enforce.” Schmidt said. “The lack of hardship is not my holdup here.”

He said he expects to issue an order by noon tomorrow.

Quinn wants gaming bill on his desk

By Jamey Dunn

Gov. Pat Quinn has grown impatient with efforts to work out a compromise over the massive gaming expansion passed in the closing days of the spring legislative session. Today, he called on lawmakers to send him the bill.

Senate President John Cullerton said last week that lawmakers are working on a follow-up bill that would tighten regulation on Senate Bill 744, which calls for creating five new casinos as well as allowing slot machines at horse racing tracks. Quinn has said that he supports a casino owned by the city of Chicago but called the bill top-heavy. He has complained this summer that the plan does not do enough to regulate the proposed expansion. “There are parts of that bill that are very important when it comes to ethics in government and ethics in business,” Quinn told reporters in Chicago today. “There are bad guys out there criminal elements — organized crime — that want to infiltrate. And we’re not going to let them do it.”

Knowing Quinn was not happy with the legislation as is, Cullerton put a parliamentary hold on the bill in the hopes of working out a deal. He said last week that he did not intend to release the bill until another measure was passed to tweak it. “That way, we have both bills on the governor’s desk at the same time. … We expect to do this all by the [end of] the [October] veto session.”

But today, Quinn said lawmakers should release the bill and let him take action. “I think they ought to send the bill to the governor the way it should be done all the time. They’ve had plenty of time, all summer long … to look at their handy work. When they send me the bill, they’ll get a prompt response. OK. And that’s how it works.”

When asked if the “prompt response” would be a veto, Quinn said: “I’ve had to veto bad bills, and sometimes in the veto message I lay out how they can improve their bill.”

However, the governor would not make a definitive statement on his plans for the legislation. “It’s a little hard to sign a bill when it’s not there.”

Quinn said that lawmakers’ reluctance to follow the standard legislative procedure and send him the bill for executive action might be an indication of its flaws. “If they think so little of the handiwork they did on May 31 that they don’t want to send it to the governor, shouldn’t that alert everyone that maybe there are some defects in that bill that need to be looked at?”

John Patterson, a spokesperson for Cullerton, said legislative leaders are still open to suggestions from Quinn. “The Senate president has met with the governor to explain the legislation and listen to his concerns. He’s all ears.”

Prosecutors: Blagojevich verdict reached after fair trial

By Jamey Dunn

Prosecutors say former Gov. Rod Blagojevich has no grounds to fight his conviction on corruption charges.

A federal jury convicted Blagojevich on 17 out of 20 counts in June. Blagojevich’s lawyers filed a complaint earlier this month seeking to have the convictions tossed out based on several claims, including judicial bias and a tainted jury pool. The complaint said U.S. District Judge James Zagel favored the prosecution, and some members of the jury had heard of Blagojevich’s case and said they thought he might be guilty. The motion also reiterated the defense's longstanding complaint that not all the audio recordings the government had of the former governor’s telephone calls were played during the trial.

The prosecution countered that Blagojevich was convicted after a fair trial, and the defense’s claims do not meet the “high burden” set for overturning a jury’s ruling. “In making these arguments [the] defendant disregards what the evidence at trial established and what the jury concluded — that the defendant knowingly engaged in a scheme to abuse his power as governor in exchange for personal  financial gain. In reality, there was no bias, manipulation or unfairness on the part of the prosecution judge or jury. [The] defendant was fairly convicted by a jury of his peers based on overwhelming evidence, and his post-trial motion therefore should be denied,” said the prosecution’s response, which was filed today.

Blagojevich’s lawyers argued that jurors should have been allowed to hear all of the former governor’s telephone calls from the time period when the government was gathering evidence against him. The complaint accuses prosecutors of “cherry picking” conversations. However, the response said the other calls were irrelevant and some of the calls the defense wanted to submit were never recorded. “This court properly rejected the defendant’s request for discovery of evidence that either did not exist or that was completely irrelevant to any issue in the case,” the response stated.

As for the claims that Blagojevich faced a tainted jury, the prosecution said the former governor dragged his own case into the limelight with the intent of reaching possible jurors. The response said that jurors who knew about the case said they could put their opinions aside to give Blagojevich a fair shake. “[The] defendant engaged in an unprecedented national media campaign executed with the help of [a] retained public relations firm for the purpose of influencing public opinion, and that campaign was bound to have some impact, even if it was not the impact [the] defendant had hoped for.” However, the defense complained that a news conference held on the day of Blagojevich’s arrest — where U.S. Attorney Patrick Fitzgerald said the former governor’s behavior "would make Lincoln roll over in his grave” — also colored public opinion.

Zagel has yet to rule on the defense's request for a new trial. The former governor’s sentencing date is scheduled for October 6. Blagojevich also faces sentencing for a previous conviction of lying to federal officers.

Quinn sticks to his guns after superintendents sue

By Jamey Dunn

Education administrators who have not been compensated for three months are suing the state for their pay checks, but Gov. Pat Quinn says the issue can be resolved outside of court.

Quinn used his veto pen to cut the more than $11 million that was set aside for the salaries for regional superintendents and their assistants in the budget lawmakers sent to him. Many superintendents stayed on the job for free. Bob Daiber, president of the Illinois Association of Regional Superintendents of Schools, said schools across the state would have had difficulties opening if the administrators had left work.

Diaber, who is a regional superintendent in Madison County, said regional superintendents inspect buildings and license newly constructed facilities for occupancy. He added that he gave out six such permits on one day in early August in Madison County. Without those licenses, he said any new schools or additions could not house students. “Without those occupancy permits, those schools cannot have children in those new addition and wings, legally.” He said regional superintendents also provided training to bus drivers in the weeks leading up to the new school year. “Schools are opening, their kids are getting on buses. … It is only happening because the regional superintendent continued to work without pay.”

Before the lawsuit was filed, Daiber said that the association was working “in good faith” with the governor’s office, as well as pursuing the possibility of a legislative override of the veto. “We have been working on an override. That’s a natural course of action that we have been encouraged to take by some legislators,” he said earlier this month. However, Daiber noted that administrators were willing to go to court if a clear plan to pay them did not surface. “It can be resolved by the legislative branch, the executive branch and if can’t be resolved then, it could go to the judicial branch. … That’s why we have three branches of government, right?”

The association now says the 44 superintendents across the state can wait no longer for compensation. "The injunction our members filed [on Friday] in Sangamon County Circuit Court seeking to immediately restore our pay is something we do not do lightly, but we simply had no other choice. We have exhausted all options in working with the governor's office to this date, and we have no other recourse. We have asked legislators for help in resolving this matter immediately. They cannot resolve the issue until they're back for the fall veto session,” said a written statement from Daiber about the complaint. The suit alleges that the state is bound by law to pay the superintendents’ salaries. The complaint says that by cutting off their pay, the governor is acting in “excess” of his power.

Despite the lawsuit, Quinn seems optimistic that a solution can be reached. “I think we can work this out,” the governor told reporters in Chicago today. Quinn also reiterated his opinion that the state funding, which has been used to pay the superintendents, instead be spent in schools. “We want to put the money for education in the classroom for students and teachers, not for bureaucrat.” Quinn is working on a plan to pay the superintendents through the local Personal Property Replacement Tax, which he says he hopes to pass during the veto session, scheduled in October. Such a plan would meet opposition from many local governments, as well as the Illinois Municipal League.

Quinn budget spokeswoman Kelly Kraft said the superintendents, who oversee Regional Offices of Education, would get paid “soon.” She did not elaborate on a timeline or any plan to pay the administrators before legislation that would be needed to shift the cost to local governments could potentially be called for a vote. “We are continuing to work with representatives of the [Regional Offices of Education] to examine mechanisms to provide payment as quickly as possible. In addition to providing payment soon, we have developed draft legislation to restore the payroll appropriation [for Regional Offices of Education], and shift the obligation to Personal Property Replacement Tax. [The tax] funds local elected official stipends, and we feel [Regional Offices of Education], which are locally elected, should be funded in the same manner to relieve pressure from the general revenue fund,” Kraft said in a written statement.