INJUSTICE WATCH/WBEZ: Dying and disabled Illinois prisoners kept behind bars, despite new medical release law
By Carlos Ballesteros (Injustice Watch), Shannon Heffernan (WBEZ), and Amy Qin (WBEZ)
This article was produced by WBEZ, Chicago’s NPR news station, and Injustice Watch, a nonprofit news organization in Chicago focused on issues of equity and justice in the court system.
Phillip Merritt’s dementia is so advanced he’s lost the ability to speak. But with the help of his cellmates at Western Illinois Correctional Center, the 71-year-old still manages to get on the phone with his brother every few weeks.
“He has to have someone call me, and then I don’t know what to say to him because he can’t understand anything, so I’ll just talk,” said Merritt’s brother, Michael Merritt, in an interview. “All he can say are two words. … I mean, he’s just gone.”
Merritt’s deteriorating condition makes him a prime candidate to get out of prison under the Joe Coleman Medical Release Act, a pivotal criminal justice reform bill touted by Gov. JB Pritzker and Illinois Democrats as an effective way to alleviate the state’s decrepit prison health care system, reduce the “staggering” costs of caring for ailing people in prison, and reunite families with frail loved ones.
Under the act — named after a decorated Army veteran who died of prostate cancer while incarcerated — Illinois prisoners can request early release if they’re terminally ill and expected to die within 18 months or if they’re medically incapacitated and need help with more than one activity of daily living, such as eating or using the bathroom.
But a year-and-a-half since the Coleman Act went into effect, an investigation by Injustice Watch and WBEZ found far fewer prisoners have been released under the law than expected, as the medical release process has become mired in the charged politics of criminal justice reform in the post-George Floyd era.
Behind the lower-than-expected numbers is the Prisoner Review Board, a state body appointed by Pritzker and confirmed by the Illinois Senate with final say on medical release requests.
As of mid-August, the board had denied nearly two-thirds of medical release requests from dying and disabled prisoners who met the medical criteria to get out of prison under the Coleman Act — including Merritt.
“I couldn’t believe it,” his brother said. “How could they deny him? He can’t even talk!”
More than half of the 94 denied applicants were older than age 60, and half had spent at least 15 years behind bars, according to an analysis of state prison data. At least two died in prison, including an 81-year-old who had been incarcerated for more than three decades and was scheduled to be released in 2025. Another man died five days before the board denied his request.
Meanwhile, the Prisoner Review Board has only granted 52 medical releases — a rate of fewer than three releases per month on average since board members began voting on those requests, records show.
Advocates say the board is undermining the Coleman Act and forcing ill-equipped prison staff to care for dying and disabled prisoners, even those with families practically begging to take them off their hands.
“Our prison system is now completely overburdened by people who pose absolutely no risk to public safety but are tremendously expensive to care for,” said Jennifer Soble, lead author of the Coleman Act and executive director of the Illinois Prison Project, a nonprofit legal group that represents dozens of medical release applicants.
“From a cost-saving perspective, from a government-efficiency perspective, and truly from a moral perspective, we need to be doing something differently here,” she said.
Jennifer Soble, founder and executive director of the Illinois Prison Project, a nonprofit that advocated for the Joe Coleman Medical Release Act and represents prisoners seeking release. Manuel Martinez / WBEZ
Donald Shelton, chair of the Prisoner Review Board, declined an interview request, but he defended the board’s record on medical release requests in an email sent through a spokesperson.
“Each case that comes before the board comes with its own set of circumstances to be studied and evaluated by members,” he wrote. “Due diligence is given by the board to every person who sets a petition before them.”
More medical releases could save taxpayers millions
It’s unclear exactly how many of Illinois’ nearly 30,000 prisoners could qualify for medical release. Under the Coleman Act, the Illinois Department of Corrections is required to keep track of that number, but department officials said they don’t have it yet. A department spokesperson said the data would be published by year’s end.
What is clear, from years of scathing reports from an independent monitor appointed by a federal judge, is Illinois prisons are unfit to provide health care for the thousands of aging, disabled and incapacitated prisoners.
Half of the state’s prison medical staff jobs are currently vacant. Prisoners with mobility issues suffer bed sores and frequent falls because no one is around to care for them. Some are even left sitting in their own waste, according to the monitor’s reports.
“Prescriptions go unrenewed, cancers go undiagnosed. In the worst cases, as everyone here knows, people die painful deaths because of the lack of care,” attorney Camille Bennett with the ACLU of Illinois said at a recent hearing on health care in state prisons.
Even this substandard care is expensive. Illinois paid $250 million last fiscal year to Wexford Health Sources, a for-profit company contracted to provide health care to state prisoners, according to state records.
Wexford’s 10-year contract expired in 2021, but the company continues providing care as Illinois seeks new bidders. Releasing more people under the Coleman Act could bring down the long-term cost of prison health care, said Alan Mills, executive director of the Uptown People’s Law Center, a legal clinic in Chicago whose lawsuits against the state led to the appointment of the independent monitor.
“The more prisoners there are who are medically needy, the higher the cost of caring for them, and the higher the bids will be,” Mills said.
Alan Mills, executive director of the Uptown People’s Law Center, a legal clinic in Chicago that has sued on behalf of prisoners over the dismal state of health care in Illinois prisons.
1 Comment
Leave a Comment
Local News
Mother Mac unveils new lights and scoreboard
Spread the loveBy Kelly White Across the nation, women’s sports are on the rise in terms of viewership, enthusiasm, sponsorship and excitement. Mother McAuley is no stranger to the impact that women’s athletics has on the development of an individual, strengthening of a team and key skills and attributes developed along the way. South Side…
Cicadas in the park in Palos Park
Spread the loveBy Kelly White Cicadas are coming and the Village of Palos Park is ready. The village hosted its 31st annual Arbor Day Celebration on Sunday, May 5, themed, “The Wonder of Trees” at The Center in the Lodge, 12700 Southwest Highway, with featured speaker, Tricia Bethke of The Morton Arboretum who presented, “Cicadas…
Palos Heights SD 128 sees enrollment boom
Spread the loveBy Kelly White Over the past few years, Palos Heights School District 128 has experienced an explosive growth among incoming students. There has been a significant increase particularly at Indian Hill Early Learning Center, 12800 S. Austin Ave. Chippewa Elementary School, 12425 S. Austin Ave; Navajo Elementary School, 12401 S. Oak Park Ave;…
Comings & Goings: Orange’s Pancake House now open in Palos Heights
Spread the loveBy Kelly White Palos Heights is the home of a popular new breakfast café. Orange’s Pancake House, 11845 Southwest Highway, held a ribbon-cutting event on April 18. Owners, Elvia Briones, of Virgina, and Fernando Cruz, of Evergreen Park, said they were very excited to be in the heart of the Palos Heights community.…
Sisters make Chicago Lawn a world destination
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Earlier this month was the Fifth Lithuanian Documentary Film Festival, with distinguished guests from Lithuania and other parts of the United States visiting the neighborhood. They held a photo session in the editorial office of…
Happy Mother’s Day to everyone, everyone
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Yet another Mother’s Day is upon us. I wish everyone a happy day. By everyone I do mean everyone. There are a lot of dads who do it alone, along with important mother…
Mother’s Day is truly a day to be celebrated
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Mother’s Day happens on Sunday, May 12. If this isn’t something to celebrate, I don’t know what is. Motherhood means new life, new beginnings, new possibilities. Even if you won’t be seeing your mom, you can still…
Saint Xavier men’s volleyball finishes historic season in nation’s top 4
Spread the loveBy Jeff Vorva Correspondent The Saint Xavier men’s volleyball team made history by advancing to the semifinals of the NAIA Men’s Volleyball National Championship. But the Cougars fell to eventual national champion Georgetown (Kentucky), 25-21, 25-23, 22-25, 21-25, 15-10, on May 3 at Alliant Energy PowerHouse in Cedar Rapids, Iowa. Although there was…
Neighbors
Cruz booted from SD 229 school board in Oak Lawn
Spread the loveBy Dermot Connolly There is a vacancy on the Oak Lawn Community High School District 229 School Board, after members voted 6-1 last week to remove Robert Cruz for allegedly violating his oath of office, school board policy and state statutes. Cruz, a property developer, was elected to the District 229 board in…
Tax exemptions will be automatic, Kaegi says
Spread the loveFrom staff reports In response to the ongoing pandemic, the Cook County Assessor Fritz Kaegi’s office will continue the automatic renewal of the Senior Freeze, Veterans with Disabilities and Persons with Disabilities Exemptions. The Homeowner and Senior Exemptions will continue to auto-renew every year. If a homeowner received any of these five exemptions…
Oak Lawn officials rip governor, legislators over crime
Spread the loveBy Joe Boyle Two Oak Lawn officials are calling for Gov. J.B. Pritzker and local legislators to re-evaluate a police reform law that they say has resulted in a rise in crime. Trustee Alex Olejniczak (2nd) served as mayor pro-tem during the Oak Lawn Village Board meeting Tuesday night in place of Mayor Terry Vorderer,…
Troop 1441 Scout earns Eagle rank
Spread the loveFrom staff reports A journey that began years ago for Adrian Ayala recently culminated in Boy Scouting’s highest honor. Ayala, a member of Boy Scout Troop 1441 (sponsored by the St. Mary Star of the Sea Holy Name Society) was honored at an Eagle ceremony at Duggan Hall on Jan. 13. The Eagle rank…
Hog Wild to open Monday in Oak Lawn
Spread the loveBy Kelly White Dining choices will get a boost in Oak Lawn with the arrival of Hog Wild. The restaurant is scheduled to open Monday, January 17, at 4040 W. 111th St. That’s a week later than originally scheduled. “We are very fortunate here in Oak Lawn to have attracted Hog Wild,” Oak…
Home security cameras could be big help to Orland cops
Spread the loveBy Jeff Vorva Residents of Orland Park could have a hand in solving crime in the village. The board of trustees unanimously approved to move forward with a voluntary security camera registration program at its Jan. 4 meeting. It’s expected to start on Feb. 1. This program gives citizens and businesses a chance…
Ailing eagle on the mend
Spread the loveSeveral blocks northwest of Garfield Ridge—just west of 47th and Harlem–motorists late last month noticed an eagle flying low and acting erratically. The Villa Park-based Chicago Bird Collision Monitors was contacted, and its volunteers found and captured the majestic bird. It was transported to a facility owned and operated by Glen Ellyn-based Willowbrook…
Can’t we just fast-forward to spring?
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. Is it spring yet? Is the pandemic over yet? Not that I’m impatient or anything. I want to move forward past all the negative COVID-19 has brought to my life and everyone else’s life. I want to see…
Wexford Health Sources has been contracted at Illinois Department of Human Services and Treatment and Detention Facility in Rushville IL. My son, who is committed there for 18 years and has completed the treatment program has had a headache for 6 weeks and has not been sent out to see his neurosurgeon. He has an inoperable brain stem tumor, also on his 3rd ventricle and basal ganglia. He has a shunt that is malfunctioning and causing him to have hydrocephalus (water on his brain) and if untreated, his brain could collapse causing his death.