Executive Report

Judge stays ban on double-celling

By CHERYL FRANK

THE ILLINOIS Attorney General's Office January 14 convinced Federal District Judge Harold Baker in Chicago to stay his controversial order banning double-celling (housing two men to a cell) at Pontiac Correctional Center. Just the day before, assistant Atty. Gen. James Carroll, had formally filed the request to delay implementation of Baker's November 3 decision and mailed Judge Baker's copy to him via express mail. Baker recieved it the next day and, in an unusual procedure, arranged an on-the-record telephone conference with Carroll. Then, with very little comment, the judge agreed to postpone implementation of his order.

The order would affect 555 men at Pontiac, directing that half be housed in single cells by June 11 and the other half by the end of this year. The judge apparently was swayed by the state's argument that implementation of the original order would cause "irreparable damage," in the event of a successfull appeal by the state or through state action to implement the order. The state had argued that funding prison and work release facilities would probably shift monies away from other programs and disrupt prison life. In agreeing to stay his order pending appeal. Baker may have reconsidered the U.S. Supreme Court decision of last summer in Chapman v. Rhodes which held that double-celling is not in itself unconstitutional.

In addition, the Department of Corrections (DOC) might be forced to make plans for other double-celled Illinois inmates who, by extension of the Baker ruling, are also suffering from "cruel and unusual punishment" along with their fellow Pontiac inmates. According to Michael Hayes of the Attorney General's Chicago office, Judge Baker "went too far." Hayes said there are "a lot of alternatives," short of banning double-celling, which are "more suitable under the circumstances." Gov. James R. Thompson has already issued notice that Illinois will appeal the ruling to the U.S. Supreme Court if necessary, and according to Hayes, the state has "a good chance" of winning an appeal if other factors are considered. These would include: out-of-cell time given to prisoners; the amount of cell space consumed by furniture; any hardship that could befall inmates as a result of single-celling; and what dangers to the public might follow from remedies such as early release programs.

So, for the time being, double-cell occupancy will continue as before, that is, with two men living in a cell with a floor area of from 55 to 60 square feet. Statewide single-celling would cost an estimated $400 million; this includes completion of 1,500 extra spaces now underway to meet current shortages and an extra 2,000 spaces needed to house projected increases in the Illinois prison population.

On January 5, DOC made several compliance proposals (which Judge Baker rejected the next day) to achieve single-celling at Pontiac, taking into consideration statewide space needs. These proposals included: provision of new prisons, "massive" release of prisoners, accelerated work release programs, transfer of inmates to federal and county facilities, and freezing intake. But a DOC spokesman acknowledged these are not "viable" options because of legal questions and possible danger to the public; some proposals would also require executive or legislative action. These less than optimal options might have made Judge Baker, known for making tough decisions, reconsider his ruling. The DOC spokesman said the agency would await further court orders before moving forward on single-celling, but that it did not foresee increased double-celling or resorting to triple-celling to meet space needs. However, he did speculate that some inmates may be detained longer than usual in maximum security because of the lack of less restrictive prison slots. □

Employment and training councils

EXECUTIVE Order No. 5, issued October 13 by Gov. James R. Thompson, emphasized the role of the private sector in expanding the state's employment base. It also streamlined and provided for membership turnover in the three employment and training councils which advise the governor and the Department of Commerce and Community Affairs (DCCA) on job programs, including those funded by the federal Comprehensive Employment and Training Act (CETA).

The councils are: the Illinois Employment and Training Council (IETC) which reviews CETA programs conducted by the state's prime sponsors and makes recommendations to the governor on CETA and other job training programs and services; the Balance of State Advisory Council (previously the Balance of State Planning Council) which makes recommendations to DCCA on CETA and job training programs in the balance of state area (DCCA is the prime CETA sponsor for the balance of state, the 71 counties that do not have local prime sponsors); and the Balance of State Private Industry Council which works in partnership with DCCA to design and develop the private initiative job training program under CETA and reviews private sector job opportunities and their coordination with CETA programs in the balance of state.

The order sets two-year terms for members of the councils; previously, they had served indefinite terms. It also limits the membership of each of the three councils to 40; previously, the IETC had 68 members, and the membership of the two balance of state councils was unspecified.

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Public members of the councils are drawn from local governments, business, labor, education and community organizations and from eligible recipients of employment training programs. The 37 public members of the IETC are appointed by the governor. The Members of the Balance of State Advisory Council and the Balance of State Private Industry Council are appointed by the director of DCCA; previously they were appointed by the director of the Governor's Office of Manpower and Human Development which is now part of DCCA.

State and Chrysler close loan

A $20 million loan agreement between the state and the Chrysler Corporation was formalized by State Treasurer Jerry Cosentino December 30. The loan had been approved by the General Assembly last fall. Under a bond purchase agreement negotiated by Cosentino and the governor, the Illinois Industrial Development Authority will sell $20 million in seven-year bonds to the state treasurer at an annual interest rate of 15 Vt percent or 90 percent of Continental Bank's prime rate, whichever is greater.

Food Stamp Program gets 'reward'

An extra $698,000 in federal funds is due Illinois for improving its error rate in administering the Food Stamp Program. Under a new federal law, the U.S. Department of Agriculture is rewarding states for making fewer errors. The Illinois program, administered by the Department of Public Aid, was one of the first seven programs to qualify. Under the new "reward" system, states that qualify will be reimbursed at 55 percent, not the usual 50 percent, for food stamp expenditures, hence the extra $698,000.

International Year of Disabled Persons Year-end Conference

ILLINOIS is carrying activities to benefit disabled persons into 1982 — beyond 1981, the Illinois Year of Disabled Persons (IYDP). One major event is the IYDP Year-end Conference scheduled for March 5-6 at McCormick Place in Chicago. The statewide confe ence will make specific recommendations to the governor on public awareness, employment, transportation, disability prevention, health care, accessibility, and other areas. Awards will be given out to the most helpful media; the most accessible community, mass transit system and school district; the best labor union training program, and the best prevention program.

The conference is open to anyone for a $5 registration fee; more information is available from the Department of Rehabilitation Services.

34/March 1982/Illinois Issues