McHenry County Blog

When I was on the Prison Reform Committee in the Illinois House during the late 1990′s, I expressed my constituents’ and my lack of belief at why the Illinois Department of Corrections could not keep drugs out of state prisons.

After all, there are only three main access points:

• the visitors
• the vendors
• the guards

The guards’ union got really disturbed when I uncovered statistics that showed a higher percentage of correctional officers than inmates testing positive for drugs in some prisons.

Today an indictment from the McHenry County State’s Attorney reveals that the Sheriff’s Department has been unable to keep drugs out of the McHenry County Jail.

Here’s the information that appeared today on the State’s Attorney’s press release about indictments:

EDWARD A. MERCADO
13-11836
13CF338
WOODS
DOB: 02/27/1974
MCSP
1811 WOODSIDE DRIVE
WOODSTOCK, IL 60098

UNLAWFUL POSSESSION OF CONTRABAND IN A PENAL INSTITUTION,
UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE, UNLAWFUL
POSSESSION OF HYPODERMIC SYRINGE, UNLAWFUL POSSESSION OF DRUG
PARAPHERNALIA

The information on the McHenry County Sheriff’s Department web site about Mercado appears below:

According to the indictment, the arrest was made on April 16th.

More than 20 years ago, State Rep. Penny Pullen was pushing for inmates to be tested for HIV upon incarceration.

She was even willing to settle for testing upon release.

Why?

In the hope that those in prison might be less likely to infect others if they knew they were infected.

That was in the years when AIDS activists seemed to think the virus should have more civil rights than humans.

Well, now the Chicago Tribune is reporting that the Cook County Jail is routinely testing those on the way in.

Why?

Sheriff’s Department officials are “hoping to put a dent in the number of people who have the virus but don’t know it.”

That’s what the Chicago Tribune reports.

State prisons are next, the article says.

And, echoing the argument I made in the 1990′s, “Experts say correctional facilities have been a key battleground in the fight against HIV.”

Better late than never, I guess.

But think how many HIV infections could have been prevented if people like Illinois Department of Corrections Director Howard Peters had had the courage to follow the facts in the mid-1990′s, rather than political correctness.

And some wonder why I think government is incompetent.

A press release from Just Detention International, which used to be called Stop Prison Rape:

FINALLY — NATIONAL STANDARDS TO STOP PRISONER RAPE

Nine years after passage of the Prison Rape Elimination Act (PREA) of 2003 and almost two years after missing its statutory deadline, the Department of Justice releases strong, binding standards to end sexual abuse in U.S. corrections facilities

Highlights:

• PREA applies to all federal confinement facilities; several agencies – including the Department of Homeland Security – now need to develop PREA standards.
• Ban on routine pat-down searches of female adult inmates by male staff.
• Strong protections for lesbian, gay, bisexual, and transgender (LGBT) inmates.
• Youth in adult facilities will no longer be detained in housing units with adults.
• All facilities must be audited by independent auditors every three years.

Washington, D.C., May 17, 2012 – Today the Department of Justice finally issued its long-delayed national standards aimed at ending the crisis of sexual abuse in U.S. corrections facilities. Mandated by the Prison Rape Elimination Act (PREA) of 2003, the new regulations are a milestone in the effort to end rape and other forms of sexual victimization of inmates. The PREA standards are immediately binding on federal prisons; other facilities have one year to comply.

According to the Department of Justice’s own estimates, at least 216,600 people are sexually victimized every year while in prisons, jails, and youth detention facilities.

A major new Department of Justice study – also released today – confirmed the crisis of sexual abuse in U.S. detention, finding that a shocking one in ten state prisoners had been victimized during their most recent period of detention.

“Sexual abuse in detention shatters hundreds of thousands of lives of men, women, and children every year,” said Lovisa Stannow, Executive Director of Just Detention International.

“We have fought long and hard for the PREA standards.

“They have the potential to cut prisoner rape dramatically.”

Today’s PREA standards cover

• federal [prisons]
• state prisons,
• jails,
• youth detention facilities,
• police lock-ups, and
• community corrections facilities (such as halfway houses).

They detail concrete, common-sense steps that facilities must take to prevent and respond to sexual abuse, incorporating many – though not all – of the reforms championed by Just Detention International.

Founded in 1980 by a prisoner rape survivor, Just Detention International was instrumental in developing and securing the passage of PREA and has since led the push for strong, binding standards.

Unfortunately, the standards include several dangerously weak points.

For instance, while banning routine pat-down searches by male staff of female inmates, they fail to prohibit female staff from conducting pat-down searches of male inmates, even though the Department of Justice’s own study released earlier today showed widespread abuse by female staff of male inmates.

Additionally, the Obama Administration chose not to apply the PREA standards to immigration detention facilities, contrary to Congressional intent.

The Administration did, however, issue a crucial Presidential Memorandum this morning, confirming that PREA applies to “all agencies with Federal confinement facilities.”

In response, the Department of Homeland Security, which administers immigration detention facilities, already announced that it has begun developing its own PREA standards and will issue a draft for public comment within 120 days.

“The Presidential Memorandum rightly points out that all federal agencies must comply with PREA,” said Stannow.

“In the coming year, Just Detention International looks forward to working with these agencies, including the Department of Homeland Security, the Department of Health and Human Services, and the Department of Defense, to finalize their PREA standards.”

Among the many strengths of the PREA standards, they require that particularly vulnerable inmates – such as those who are

• lesbian,
• gay,
• bisexual, or
• transgender

–be housed safely.

They spell out requirements for inmate education and staff training on sexual abuse prevention, including specialized training for investigative and medical staff.

The standards also demand that facilities offer survivors access to rape crisis counselors – trained experts who provide crisis intervention and emotional support in the aftermath of an assault.

The standards require that youth in adult facilities no longer be detained in housing units with adults.

Crucially, the standards remove a proposed 20-day time limit for victimized inmates to report the abuse, and they also insist that all facilities be audited by independent auditors every three years.

Many prisons and jails started adopting draft versions of the PREA standards years ago, in collaboration with Just Detention International. State prisons in California and Oregon and the Miami-Dade County jail are among facilities that already have launched groundbreaking projects aimed at ending sexual abuse of inmates.

“We know from our extensive on-the-ground work that the PREA standards can transform corrections culture,” said Stannow.

“Working inside prisons and jails, we have seen how basic, low-cost changes to policy and practice can trigger enormous improvements in transparency, respect between staff and inmates, and overall safety.”

Survivors of sexual abuse in detention have been at the forefront of the fight for strong PREA standards.

One of them, Jan Lastocy, who was raped several times a week for seven months by a Michigan prison official while serving time for attempted embezzlement, said:

“I have dreamed of this day for years. The PREA standards aren’t perfect, but they are an amazing tool for making prisons safer,” said Lastocy, a member of Just Detention International’s Survivor Council. “I don’t need revenge. All I want is to know that others won’t have to live through the horror I endured. Now we need to use these standards and stop prisoner rape once and for all.”

For more information, or to speak with a survivor of prisoner rape, please contact Jesse Lerner-Kinglake at jkinglake@justdetention.org. Tel 213-384-1400, ext. 113; cell: 424-230-4540.

The national PREA standards can be found here.

The Presidential Memorandum on the PREA standards can be found here.

An email from Mike Tryon:

Friends,

It is our busiest time of the year in Springfield, and I would like to provide you with an update of the key items that were discussed and/or voted on last week:

State Retiree Health Care

On Wednesday, May 9, the Illinois House passed Senate Bill 1313, Amendment #9, which aims to stabilize the state’s health care system by requiring state retirees to pay a portion of their healthcare premiums.

This bill does not affect public school teachers or community college employees who already contribute premiums to the Teachers’ Retirement Insurance Program (TRIP) or the College Insurance Program (CIP).

My respect for public employees runs deep, which is why this was one of the most difficult decisions I have ever had to make, but if nothing is done I truly believe our State employee health care system will fail.

Failure of the system would create a scenario where future State retirees would lose their health insurance benefit completely.

I supported an amendment that puts protections in place giving lawmakers the opportunity to object if we feel the changes are not implemented fairly.

It is important that retirees understand that this bill does not take away retiree health care benefits.

However, it will require retired employees to contribute to their health insurance premiums to help offset rising healthcare costs.

Today there are 78,000 retirees who pay no premium for healthcare.

Another 7,400 pay a portion of their premium and 36,000 dependents are enrolled but whose premium does not cover the true cost of the healthcare benefit.

Providing this benefit costs the State of Illinois between $800 and $900 million per year.

The change puts in place a mechanism that allows the Director of CMS to determine the State’s premium payments on behalf of retired employees – including lawmakers and judges.

CMS has proposed guidelines for determining what retirees’ contributions will be based upon a sliding scale that takes into account length of service and ability to pay.

The percent of cost the retiree will pay will also be based on his or her pension level. Senate Bill 1313 House Amendment 9 was approved in the Senate on Thursday and has been sent to the governor.

Diabetes Advocacy Day

On Tuesday, May, 8, the Illinois Legislative Diabetes Caucus partnered with the Illinois Diabetes Policy Coalition for “Diabetes Advocacy Day” at the State Capitol. Approximately 200 people participated in the day’s events, which included a luncheon, an update on the caucus from Republican House Leader Tom Cross, meetings between advocates and State Representatives, a speech about the benefits of bariatric surgery for Type II diabetes patients, and a meeting with the Diabetes Caucus Foundation. The Illinois Legislative Diabetes Caucus supports public policies and programs to improve the lives of those affected by diabetes and works closely with advocates and stakeholders to create awareness for the detection, prevention and management of the disease. As a sufferer of Type II Diabetes, I am committed to helping this caucus achieve it’s mission.

Child Care Funding

One of the human services commitments made by the State is that of reimbursement to a wide variety of child care providers for services provided to children who come from households with incomes that make them eligible.

Funding for these reimbursements in fiscal year 2012 has run out, and $73 million in additional funds will be required for the State to pay the bills of child care service providers through the end of the fiscal year (June 30).

This shortfall is tied in part to an increased case load in the Temporary Assistance for Needy Families (TANF) program, which has had funds redirected to it at the expense of the child care program.

Many child care service providers are licensed individual caregivers and small businesses.

On May 8, Governor Quinn’s office stated that they had found funds that could be used as a “supplemental appropriation” to fill this gap.

Lawmakers continue to work with the administration to ensure that the solution to this problem is revenue-neutral and falls within the agreed $33.2 billion FY12 budget framework.

Facility Closures

Governor Pat Quinn’s plans to close 35 facilities throughout Illinois, with a cost of up to 2,527 jobs, will hit Downstate Illinois especially hard.

Many of the human services and correctional facilities listed in the closure plan are located in rural Illinois, especially central and southern Illinois.

I am a member of the Commission on Government Forecasting and Accountability (CGFA), a bipartisan General Assembly panel, and most of us voted “no” on May 1 to most of the closure requests contained in a primary round of facilities closure requests.

However, CGFA’s vote is advisory and will not prevent the Governor from padlocking the threatened facilities.

n a last-ditch attempt to protect these threatened jobs and facilities, the Illinois Senate tried to move a bill (SB 3564) to allow CGFA to permanently block these closures.  On May 9, however, the bill failed in the Senate by a vote of 29-23-1, allowing the Governor to continue to move forward with his plans to close the threatened facilities.

Enterprise Zones

Enterprise zones are great economic development tools to create and retain jobs in Illinois.  Between 1984 and 2011, the zones created 354,000 jobs and retained 536,000 jobs in Illinois.

Unfortunately, without action by the General Assembly, Illinois’ 97 existing enterprise zones will begin expiring in 2013.  On May 9, House Republicans made a Motion to Discharge Senate Bill 3688 from the House Rules Committee.

SB 3688, which would extend the lives of Illinois’ enterprise zones for an additional 25 years, passed the Senate unanimously in April, but is being held in the House Rules Committee.

Several Representatives rose in strong support of the Motion to Discharge Senate Bill 3688 from the Rules Committee. Unfortunately, the legislation remains stalled.

College Illinois! Audit

College Illinois!, a program operated by the Illinois Student Assistance Commission (ISAC) to provide a tax-advantaged prepaid tuition savings opportunity for Illinois residents, is (like many other funds worldwide) currently actuarially unsound.

It has promised investors more returns than it can provide based upon current prudent projections of future investment returns and interest rates.

Some of College Illinois!’ investments made before and during the 2008 economic downturn have led to significant losses.

A report released on May 9 by the Auditor General’s office reveals some of the steps that led up to the current situation, including certain actions taken by College Illinois!’ former Director of Portfolio Management.  The full report can be viewed at http://www.auditor.illinois.gov/.

Appropriations

Discussions are ongoing in this very difficult budget year.

An overall appropriations number has been set, and soon the Human Services, Elementary/Secondary Education, General Service, Higher Education, Public Safety Committees will finalize appropriations within their individual areas.

There is bipartisan support this year for a balanced budget which includes reserves to be used to pay down debt, and difficult budget cuts are a key element of all discussions.

I will continue to update you on these and other issues as they make their way through the legislative process, and as always, if my staff or I can assist you in any way, please do not hesitate to call my Crystal Lake office at 815-459-6453.

Sincerely,

Michael W. Tryon
State Representative, District 64

Eric Holder begins his introductory remarks to U.S. Justice Department web site readers with this statement:

“The primary mission of the United States Department of Justice is to do justice.

“Our only responsibility it to do the right thing.”

If Holder really believes that why has he not met the statutory deadline for issuing rape in prison regulations.

The deadline was June 23, 2010.

It’s almost two years later.

In June of 2009, proposed regulations were made public.

There was a comment period.

It’s long over.

The Washington City Newspaper had an article covering a Jue 23, 2010 press conference by Lovisa Stannow, Just Detention International (previously called Stop Prison Rape) Executive Director.

Naturally, she decried that day’s missed deadline.

It’s now almost two years later.

A former white collar criminal from a Colorado prison also spoke.

Let me show you the part about him:

“Scott Howard-Smith, a survivor of sexual abuse while incarcerated on theft and tax code violation charges, also shared his story on the call.

“‘The attacks that I suffered were devastating,’ said Howard-Smith, who detailed how a white supremacist gang in his Colorado prison ‘raped, assaulted, and extorted’ him in an attempt to convince him to commit fraud on their behalf.

“The abuse didn’t stop with fellow inmates.

“‘My efforts to report were often fruitless,’ Howard-Smith says.

“Corrections officers refused to help him unless he identified all of his assailants by name and detailed their illegal activities, a move Howard-Smith thought would have put him at greater risk in the facility.

“Other officials informed Howard-Smith that ‘as a homosexual I should expect to be targeted by one gang or another,’ while refusing to offer him added protections.”

(Virginia U.S. Rep. Frank Wolf seems to be the main pushing Holder. He and other need to push more.)

Another part of President Barack Obama’s administration, the U.S. Department of Education, did manage to promulgate regulations against sexual assault on college and university campus.

An Associated Press article on Sunday, May 22, 2012, reported on that.  (Can’t find the Sun-Times link, but here’s the one to the USA Today story.)

That version reports,

“…as Title IX is now interpreted…colleges must respond if a sexual assault is reported, even if prosecutors refuse to get involved.

“Moreover, they face often precise instructions from the government for conducting their investigations and proceedings, and even the standard of proof to use.”

Now, why would the Obama folks go after rape in college, but not in prison?

Could it be because college coeds can vote and most prisoners can’t?

The Daily Herald has a story about an audacious rape by a 16-year old of a 15-year old girl, not once, but three times in a Barrington High School stairwell.

“’The high school has an extensive video surveillance system and campus attendants who regularly monitor student behavior throughout the 72-acre, 570,000-square-foot complex,’ [District 220 Superintendent Tom] Leonard wrote.

“’Unfortunately, cameras and attendants cannot be focused everywhere at once. The brief encounters did not disrupt or attract attention and allegedly occurred in two secluded stairwells at the high school, just beyond the view of video cameras,’” reports the Daily Herald.

From letters and testimony during the 1990′s about sexual assaults in Illinois prison, I know it occurs.

I also know that the Illinois Department of Corrections could greatly diminish such demonstrations of dominance by installing cameras.

When I had DOC cost it out, the price was $11-12 million.

Never enough money, naturally.

And DOC really doesn’t care about prisons having sex in prison.

Some of the victims are so cowed by threats that the sex acts appear to be consensual.

So, it seems obvious neither Illinois’ so-called “Correctional Centers” nor Barrington High School have enough protection for their wards.

And, come to think of it, high schools have a lot more in common with jails than rapists.

The email read, “Here’s a picture of the convicted IL governor’s first night in prison of his 14 year sentence. Gosh! They make a handsome couple!”

As those who have followed my 1990′s political career, my social conscious cause of that decade was stopping rape in prison.

The latest newsletter from Just Detention International, which used to be called Stop Prison Rape, has the headline you see below:

Joking may have ended at the prison, but the cartoon above indicates that those on the outside still joke about rape in prison.

In 2003, the Prison Rape Elimination Act was passed.

Unanimous consent.

President George W. Bush signed the bill.

A commission was formed which held hearings and made recommendations.

These were submitted to the United States Department of Justice.

Regulations were put out for public comment. People, including yours truly, did so.

Since then, President Barack Obama’s Justice Department has done nothing.

The regulations were supposed to have been issued by Eric Holder last summer.

One of the Congressmen who pushed the bill through the House, Frank Wolf (R-VA), commented,

“I’ve talked to people who have been raped in prison. [PREA] passed in 2003.

“It was signed by President Bush.

“This was one of the few times I ever went to the Oval Office for a bill signing — because I cared about it. That’s nine years.

“There have been a lot of bad things that have happened to a lot of people during that period of time.

“We really have to finish this thing.”

I know nothing counts for the White House but winning the next election, but it’s time to promulgate the regulations.

And it’s time to stop joking about rape in prison.

And, no, this is not an April Fool’s joke.

And that’s about all I want to know about it.

The headline did inspire me to humming,

“I Fought the Law and the Law Won.”

This was found on a car of a businessman who attended the second meeting of the McHenry County Business Committee at McHenry’s American Community Bank:

State Rep. Emily McAsey, a Democrat from Lockport, thought she had a good idea.

And what does a relatively new legislator do with a new idea…especially if you are a lawyer, as McAsey is?

You have it drafted into a bill.

McAsey’s bill would increase the inmate co-pay for non-emergency medical visits from $2 go $5 a visit.

$336,000 extra money coming in from prisoners is the claim.

But wait.

Might not the higher co-pay have a significant affect on utilization?

When a co-pay of $2 was imposed, how much less medical service was rendered?

If significant, did the costs for the outside medical providers decrease proportionately?

$2 represented 20% or a prisoner’s monthly income, one inmate has let me know.

It seems conceivable that more than doubling the co-pay will cut utilization even more.

So, the higher co-pay might lead to the delivery of significantly lower amounts of medical care.

If so, shouldn’t the outside vendor be paid significantly less?