United States District Court, Northern District of Illinois, Eastern Division
October 1, 1981
WILLIAM JOHNSON, BY HIS CONSERVATOR, RICHARD JOHNSON, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
TERRY BRELJE, PH.D., SUPERINTENDENT OF CHESTER MENTAL HEALTH CENTER, ROBERT DEVITO, DIRECTOR, ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, DEFENDANTS.
The opinion of the court was delivered by: Aspen, District Judge:
This case came before the court on cross motions for summary judgment.
In a Memorandum Opinion and Order issued on August 18, 1981,
521 F. Supp. 723, this court ruled on all issues raised in the cross
motions for summary judgment, except for the alleged denial of periodic
reviews prior to January 1, 1979. The parties have agreed in open court
that this issue is now moot based upon the finding by this court that the
defendants cannot be held liable for damages in this action.
In furtherance of the Order and Opinion of August 18, 1981, and in
order to fully and finally resolve the issues raised before this court in
this case, IT IS HEREBY ORDERED AS FOLLOWS:
"Chester" means the Chester Mental Health Center. "DMHDD" means the
Illinois Department of Mental Health and Developmental Disabilities.
"Future USTs" means those defendants who will be found unfit to stand
trial and referred to DMHDD for admission subsequent to November 1,
1981, and who are assigned to Chester.
"Admission" means the initial placement of a future UST in a facility
"Transfer" means the reassignment of a future UST from one DMHDD
facility to another.
Admissions and Transfers
Effective November 1, 1981, all admissions and transfers to Chester of
persons found unfit to stand trial, shall be in accordance with these
1. Admissions to Chester.
a. Ten (10) days prior to the proposed placement at
Chester, DMHDD shall serve written notice to the
future UST and his attorney, of the proposed
assignment to Chester. The notice shall include the
evidentiary basis for the assignment, a statement
that a hearing may be requested to contest the
assignment, and the name of the person to whom a
request for a hearing should be directed.
b. If a request for a hearing is received prior to the
scheduled date for admission to Chester a hearing
will be convened. The hearing will take place within
fourteen (14) days of receipt of the request.
A neutral and detached hearing officer will be
appointed. The hearing officer will be a physician,
psychiatrist, clinical psychologist or qualified
examiner; but in no case will s/he have been
involved in the evaluation process. The future UST
will remain in the jail pending the decision of the
c. At the hearing the future UST shall have:
1) An opportunity to contest the proposed
2) An opportunity to appear in person and to
present witnesses and evidence on his behalf;
3) The right to confront and cross examine
witnesses unless the hearing
officer finds good cause for not allowing
d. The decision of the hearing officer shall be based
upon the evidence introduced at the hearing. The
burden shall be on DMHDD to establish that the
assignment to Chester is the least restrictive
environment appropriate for the future UST, based
upon an assessment of the risk of dangerousness and
the risk of escape presented by him. The decision of
the hearing officer shall include a written
statement as to the evidence relied upon and the
reasons for the decision.
e. Upon notification of the decision of the hearing
officer, the sheriff will be advised of the DMHDD
facility to which the future UST may be transported
2. Transfers to and from Chester.
All residents unfit to stand trial shall be
transferred to and from Chester in accordance with the
standards and procedures of the Illinois Mental Health
and Developmental Disabilities Code. This provision is
entered subject to the right of the plaintiffs'
attorney, at the end of one (1) year, to petition the
court for reconsideration if abuses of this provision
can be demonstrated.
3. Outside Activities.
It will be the policy of the Chester Mental Health
Center that a total of at least five opportunities to
be outside per week will be scheduled for residents.
The five activities scheduled may be a combination of
the recreation area, the outdoor courtyards, the
horticulture activities, cookouts, carnival activities
and the like. Such activities will not be offered if
one or more of the following conditions prevail:
a. The outside temperature is below 40°. However,
if the resident has not been permitted outdoors for
seven (7) days or more solely because the
temperature was below 40°, Chester shall permit
the resident to go outdoors at least one (1) day per
week should the temperature be 32° or warmer.
This proviso is entered subject to the right of the
defendants, at the end of one year, to petition the
court for modification for good cause shown.
b. The outside temperature exceeds 90°. This is
medically necessary in view of the interaction
effects between the heat, sunlight, humidity and the
c. An individual resident may be denied the
opportunity if his behavior or clinical condition
make his participation unsafe.
d. Inclement weather such as rain, etc., render the
e. Condition of the physical plant or other activities
occurring in the area which would render it unsafe
or make it impossible to maintain security.
f. Unplanned and unexpected personnel shortages as a
result of illness or other circumstance which would
make it impossible to assure safety or security.
Should the conditions described in paragraphs #e
and #f above, continue for a period of twenty one
(21) days, the defendants shall so notify
plaintiffs' attorneys on the twenty second day;
provided however, that this notice requirement shall
continue only for a period of one (1) year from the
date of this Supplemental Order.
4. Telephone Policy.
Chester agrees that there shall be no ten (10) minute
limit on calls defendants place to attorneys.
Accordingly, residents shall be allowed reasonable
time necessary for such calls, subject only to the
limitation that telephone equipment is shared by other
residents and no one resident will be permitted to
effectively prevent other defendants from use of the
It shall be the policy of Chester to allow attorneys
to call residents during the normal business day. Each
resident shall be afforded the opportunity to provide
Chester with the name of his attorney(s). However, if
the caller is unknown to the Center, in order to
preserve confidentiality and also prevent a security
following procedure will be utilized to facilitate the
resident's talking with his attorney. The attorney's
name and number will be taken and if the resident is
on the unit, he will be notified immediately of the
attorney's desire for him to call and telephone
equipment made available for him to do so. If the
resident is off the unit a message will be left for
him. Within ninety (90) days from the date of this
Supplemental Order, defendants shall have installed
telephone equipment, or modify the present equipment,
to permit the residents to have privacy in conducting
telephone conversations with their attorneys.
Defendants shall inform plaintiffs' attorneys of any
change in policies, practices, procedures or written
instructions which would alter the implementation of
this Supplemental Order at least ten (10) days prior
to the implementation of such change; provided
however, that this notice requirement shall continue
only for a period of one (1) year from the date of
this Supplemental Order.
This Order and the Memorandum Opinion and Order constitute a full and
final resolution of all issues raised in the above captioned case. The
time for filing a Notice of Appeal shall commence on the date of the
entry of this Supplemental Order. It is so ordered.
NOTICE OF PROPOSED ASSIGNMENT
TO CHESTER MENTAL HEALTH CENTER
TO: ______________________ Date of Service of ______________________
The Department of Mental Health and Developmental Disabilities has
determined that it would be appropriate to assign _______________________
to Chester Mental Health Center. Unless a hearing is requested, said
assignment shall take place on.
Pursuant to the court's decision in Johnson v. Brelje, 78C1704
(N.D.Ill. 1981) a defendant unfit to stand trial who is assigned to
Chester may request a hearing to contest that assignment.
The evidentiary basis for the proposed assignment is as follows:
The request for a hearing can be made either by the individual or his
attorney. Said request should be in writing and mailed to the following
person(s) and must be received before the date assigned for placement:
At this hearing, the individual shall have:
1. The right to contest the proposed assignment;
2. The right to present witnesses and evidence on
3. The right to confront and cross-examine witnesses,
unless the hearing officer finds good cause for not
The decision of the hearing officer shall be based on the evidence
introduced in the hearing. The burden shall be on DMHDD to show that the
assignment to Chester is the least restrictive environment appropriate
for the future UST, based upon an assessment of the risk of dangerousness
and the risk of escape presented by him. Said decision shall include a
written statement by the hearing officer as to the evidence relied upon
and the reasons for the decision.
I, ________________, hereby request a hearing to contest the assignment
of ______________ to Chester Mental Health Center.
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