Illinois law lengthens the jail-transfer deadline for defendants found unfit from 20 to 60 days after officials concede the old limit was routinely missed

Capitol News Illinois reports that a measure Gov. J.B. Pritzker recently signed lengthens from 20 to 60 days the window for the Department of Human Services to take custody of jailed defendants ruled unfit for trial, or acquitted by reason of insanity, and to find them a psychiatric bed. When no bed is available by then, the department can return to court for renewable 30-day extensions.

The governor's general counsel told lawmakers the department does not meet 20 days and has not for a long time, either because it is not notified of a transfer order or because there are not enough staffed beds in the state's seven mental institutions. State officials estimated more than 200 people in county jails had been awaiting transfer for 60 days or more, and the administration cited a large recent increase in people found unfit.

County sheriffs objected, saying they lack the staff and services to hold people with severe mental illness; the Illinois Sheriffs' Association pointed to lawsuits by state's attorneys over the delays. The competency provision was part of a larger omnibus bill that passed the Senate 32-15 on Jan. 6 and the House 85-24 on Jan. 10.

Source: ‘Omnibus’ health care bill passed amid criticisms — NPR Illinois (Capitol News Illinois), by Peter Hancock

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