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Judge denies request to stall transfers from prison
By Tony Sapochetti
tsapochetti@pantagraph.com
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PONTIAC -- In what is seen as a blow to efforts to save Pontiac Correctional Center, a judge rejected a request Wednesday to block a plan to transfer some of its inmates as early as Friday. | Mayors raise caution flags about prison transfers | State sends letters about park closings

“One of the toughest things that a judge has to do is to make a decision that people do not want to hear,” Ford County Circuit Judge Stephen Pacey said after hearing the case at the Livingston County Courthouse. “One of the toughest things that a judge has to do is also to follow the law even when they don’t agree with it.”

Citing precedent in a previous appellate court ruling, Pacey denied a temporary restraining order sought by American Federation of State, County and Municipal Employees Council 31, the union representing most of the prison’s workers.

AFSCME officials said after Wednesday’s ruling that they plan to appeal.

For now, the state has the authority to begin the transfers, which are expected to start with 50 medium-security Pontiac prisoners being moved Friday to minimum-security East Moline Correctional Center. Fifty more inmates are expected to be transferred from Pontiac’s medium-security unit to another minimum-security facility in Taylorville next week.

Inmates who are being transferred are either already minimum-security inmates or will be reclassified, prison officials said.

“It was interesting to listen to the judge . . . and unfortunately in this case, it looked like he had to follow the law (instead of) doing what is right,” Pontiac Mayor Scott McCoy said. “It’s a disappointing step in the process.”

Assistant Attorney General Karen McNaught said the decision to reject the temporary restraining order was correct.

“The plaintiffs haven’t shown any irreparable harm that will be done as a result of these transfers,” she said.

The union argues the plan to move those prisoners is the first step in an Illinois Department of Corrections effort to close the prison while a lawsuit intended to save the prison remains pending.

“Movements of inmates such as these are very unusual,” AFSCME attorney Stephen Yokich said in the motion seeking to block the transfers. “They are consistent with the implementation of the plan to close the prison.”

The governor says closing Pontiac and moving most of its maximum-security prisoners to an unused prison in Thomson will save about $4 million a year. The closure is supposed to be complete by February.

Opponents of the move say the closure will cost the region’s economy about $54 million.

Pacey said he “reluctantly” had to follow an appellate court ruling stemming from the 2002 closure of The Illinois Youth Center in Valley View, a juvenile detention center in the St. Charles area. AFSCME sued then-Gov. George Ryan to prevent the transfer of the juvenile offenders held there, but the union lost in court and also lost an appeal.

“Even though I don’t agree with what the executive branch is doing or the appellate court opinion, I cannot make up or change the law,” Pacey said.

The union waged a similar battle about that same time to stop Ryan from closing Vienna Correctional Center, but McNaught said Ryan reversed that decision before a court rendered a final decision in that lawsuit.

Union officials previously cited the Vienna case in support of the current lawsuit to stop the state from closing the Pontiac prison.

The union, Pontiac area officials and others associated with the prison sued the state last month to stop the closure. They argue the state must keep the prison open because the state budgeted money to run it this fiscal year.

Kurt Erickson contributed to this report.

Take a look
The planned transfer of inmates from Pontiac has become the latest dust-up in the ongoing fight over Gov. Rod Blagojevich's plan to close Pontiac Correctional Center. (Pantagraph file photo/STEVE SMEDLEY)
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Reader comments on this story - 33 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

ptownresident wrote on Oct 9, 2008 4:05 PM:

" Dan, I think that Ruthorford knows something. I'm not too happy with him right now. He won't even answer questions, beats around the bush and won't be straight forward. That was more than 2 weeks ago. And now all of a sudden he has gone silent. I thought he was fighting for us. "

the guard wrote on Oct 9, 2008 3:48 PM:

" real american mc cain mignt parton rod and tony OBAMA WILL BE IN THE SOUP LINE "

DAN0619 wrote on Oct 9, 2008 2:15 PM:

" IT'S TIME FOR DAN RUTHERFORD TO HAVE A PRESS CONFRENCE AND PLAY SOME HARD BALL CALL ON OUR GOV. TO STOP PLAYING POLITICS HE IS TRY TO DISTORY THE DISTRICT OF THE NEXT REPUBLICIAN GOV. "

ptownresident wrote on Oct 9, 2008 12:41 PM:

" You are so right 2tired! Just look in the news. Father facing financial crisis shoots family then self. Bank robberies across the state. Gang violence. Violent crimes everywhere. And unemployment is on the rise causes normally good people to commit crimes. God help us all.

ptown.......where did you hear this information about the federal prison looking to move in?? Hmmmmmm maybe they will and Blago will end up in federal prison after his buddy squeals. Hey send him to Pontiac!!! "

real american wrote on Oct 9, 2008 12:02 PM:

" hey coal, did you miss the news reports about the $400,000+ report that said, there are newer prisons in the state that are worse off than Pontiac? There are newer prisons in Illinois that will cost more to fix than Pontiac? That the Thomson CC was never meant to replace an existing prison? I guess you either forgot all that or, you are just as stupid as Blago. "

2tired wrote on Oct 9, 2008 11:06 AM:

" Cont. The 1-2 new prisons will done after they spend $500K of tax payers money on a report that tells them the exact same thing the report they just spent $400K on that the system is over crowded and it's going to get worse. Especially with the economy being bad. When Unemployement goes up crime follows the same path. "

2tired wrote on Oct 9, 2008 11:03 AM:

" The whole problem with PCC closing down is because it's out of spite. The prison system in Illinois is over populated for how it's designed. This is even if they open Thompson. Then there are prison needing major repairs for example Statesville. Stateville is in the worse shape of all prisons. Then they are closing a prison that is in the best shape of all prisons. Thompson is needing of repairs around $10 million they don't bother telling anyone this. Thompson was striped clean for parts in other new prisons down south. It's time Blago and IDOC come clean and tell how the system really is. I will anyone if they close Pontiac 5-10 years they are building 1-2 new prisons. "

gimli wrote on Oct 9, 2008 11:00 AM:

" Another concern here is that once these inmates are "reclassified" they will be moving to other prisons besides the initial move. Inmates can put in for transfers to other prisons and more easily obtain them once they are reclassified. They also are automatically shuffled around from prison to prison. So maybe IM "Jones" goes from medium security Pontiac to minimum Taylorville. He may then go to another lower security prison and eventually he will cause a problem. Even if only one out of the hundred cause the problem-no one needs that kind of trouble and why enable it? If you were the victim (or family of the victim) of whatever crime put these fellas into Pontiac I bet your tunes would change re: this reclassifying stunt. There is something to be said about the squeaky wheel getting the grease. There needs to be many more squeaks! "

2tired wrote on Oct 9, 2008 10:58 AM:

" Coal you better check the facts only about 2/3 will qualify for a job transfer. Right now they are only guaranteeing transfer of 118 guards and they are going to lay off the 118 new cadets that just got done with training. If all 500 guards did transfer Wal-Mart will not stick around much longer, and the land fill doesn't have many employees. Interlake already laid off a couple hundred. "

ml wrote on Oct 9, 2008 10:13 AM:

" Voice of Reason2 - I quote you: "Where your source on your little fairy tale statistic?" I think you mean "Where IS your source..."

Oh, and you misspelled "because" in your second post. If you're going to play the role of Grammar Police, you had better get it right. "

Voice of Reason2 wrote on Oct 9, 2008 8:27 AM:

" Chiman1 - I don't really think you determine what's discussed here right? You libs don't want to hear the "broken record" becuase it shows you for who you are and who's to blame for the problems we're facing. Instead of disputing the message, why don't you try and dispute the content. Or can you? "

Voice of Reason2 wrote on Oct 9, 2008 8:19 AM:

" Not so Political - You're not so knowledgeable too. Where your source on your little fairy tale statistic? Not too concerned about your opinion of my attitude.

Kramer - Only 1 period needed after a sentence. "

Alli wrote on Oct 9, 2008 7:42 AM:

" "Citing precedent" well man up and set you own precedent. "

ptown wrote on Oct 9, 2008 7:13 AM:

" A lot of people have mentioned hte age of the prison and the conditions of it. Then why is the federal prison system already looking at moving in? It seems kind of funny that it is not good enough for Illinois but would be more than adequate for the federal government. "

Mark1096 wrote on Oct 9, 2008 6:19 AM:

" It really makes me angry that as taxpayers we spent hundreds of thousands $$$ to conduct studies, survey the people, have both public & private meetings only to have the governor go against the recommendations of the prior steps. Why bother? If this is how it is going to be couldn't he just have the dignity to save us money, show up and tell us his intentions/take responsibility w/o all of the smoke & mirrors? Wouldn't that be refreshing? Same thing happened with Livingston Mannor. "

The Original JD wrote on Oct 9, 2008 1:52 AM:

" My knowledge of the union and the administration comes from being employed by the IDOC at one time. While I am sure the administration is up to something (they usually are), it still does not change the fact (yes, I said fact) that the administration is doing something that is within their power to do, and does not breach the union contract in the least bit. The reason they are doing it is, to be honest, no business of the unions as it has nothing at all to do with anything job related or in the contract. "

coal wrote on Oct 9, 2008 12:44 AM:

" It happens. It's an old prison. Tax money built newer prisons that sit unfilled. Correctional officers can transfer. They wont lose their jobs. Pontiac still has Wal-mart and the landfill so it's still the employment capitol of Livingston county. "

TheRudeAwakening wrote on Oct 8, 2008 9:03 PM:

" And what do you proposed we should do webbygal . . . pamper the governor like a little child. Maybe throw in a couple of "GOO-GOO, GAA-GAA" to get his attention? You think maybe if we buy him a sucker or a toy that he would have a change of heart? Quit being silly. This is the very man (if I can even call him that) that during his first term promised us the budget would not be thrown on the backs of corrections. Well, we found out real quick that was a lie when it was realized that we were (and still are) severely under staff. And now you want us to play nice with him . . . enough is enough. The village idiot needs to know his true colors. And now you know! "

keep-sarcasm-alive wrote on Oct 8, 2008 8:50 PM:

" It cracks me up to see Democrats and Republicans going at it....because they are all rotten. There is no "good" party anymore. We have to look at each individual, look at their record, then hold our nose and vote.

As far as the verdict...I knew it was going to go that way, because there is no legal reason to stop it. Blago is probably sitting in his Chicago home right now laughing at us....but I don't think he will get the last laugh. "

TheRudeAwakening wrote on Oct 8, 2008 8:50 PM:

" I wonder, Original JD, if you work for the administration since you seem so knowledgeable about departmental policy and union rules. Did you ask yourself why in a 24-hour period 100 medium security inmates were reclassified to minimum. Here are two variables to answer. One is that these individuals should have been reclassified throughout a time period and were not because OTHER institutions were overpopulated, therefore were force to hold medium security standards (which opens up for potential lawsuits). Or did the administration do this maliciously because of the proposed closure therefore risking the safety of the community due to falsifying these inmates conduct prior to their reclassification. Can you explain to me other theories? I've worked there 12 years now and NEVER see so many inmates reclassified so quickly. Love to hear your administrative viewpoint. "

webbygal wrote on Oct 8, 2008 7:36 PM:

" gooooood you should have went about it better instead of bad mouthing the govenor every chance you got "

KRAMER wrote on Oct 8, 2008 7:00 PM:

" I see VOR 2 is still at it.. "

The Original JD wrote on Oct 8, 2008 5:32 PM:

" The IDOC is within it's rights to change the security status of inmates, and to transfer them as they see fit. As this does not directly affect employment status of workers, the union is over stepping their bounds by crying to the courts. Nothing has been done to breech the contract in any way, and though the action feeds into the current paranoia running rampant among correctional staff, there is nothing they can do about administrative actions. The union is becoming as bad as the inmates who file lawsuits because they were given creamy peanut butter instead of crunchy (yes, this did happen). "

Not so Political wrote on Oct 8, 2008 5:12 PM:

" Voice of Reason2 - research first open mouth last. More companies left the USA for Mexico during the Reagan, Bush Sr. years. Ever heard of Eureka Co., Revere Ware. You’re stuck on gripping Repub attitude stinks. Grow up and learn most kids do !! "

MTG wrote on Oct 8, 2008 5:06 PM:

" I think I hear the fat lady singing...where is Rutherford on this? "

Chiman1 wrote on Oct 8, 2008 4:41 PM:

" Oh geeze. I swear.... "Voice of Reason?", do you ever stop? You're broken record BS is redundant. Get some new material. I am so glad I'm not a Republican. It seems some of their finest are in this comment section. Maybe you guys should get together and see who's comment is the most pointless. I'm putting my money on you Voice. "

ptownresident wrote on Oct 8, 2008 4:36 PM:

" I believe Gimli has hit the nail on the head here. This Governor is a sneak, in closing the prison, in closing the parks and historic sites. The cuts to mental health, disabled help, Veterans programs,Children services is rediculous and dangerous. He is making taxpayers pay to fly him back and forth to Springfield because he didn't want to uproot his family!!?? Who knows what else this crook has been up to that we know nothing about.

The reclassifying of these inmates from Medium security to minimum security is playing rush n roulette with inmates lives, staff lives and the lives of all those in East Moline and Taylorville. A dangerous riot waiting to happen throughout the Correctional system. ALL COMMUNITIES across the state need to band together and stand up to this psycho villiage idiot! Come on people make a stink! "

sandie412 wrote on Oct 8, 2008 4:09 PM:

" perhaps not everyone has all the facts... the inmates that are to be moved have, from what I understand, all have been downgraded to minimum risk. YES I agree our Gov. more than likely has his hand in this some how, but min. risk inmates dont belong at a med/max security facility anyway. Hopefully justice will prevail and our GOV will be REMOVED from his position before too long. I dont understand how saving the state 4mil a year is acceptable when it will cost the surrounding communities over 54mil!!! penny wise and dollar foolish? "

real american wrote on Oct 8, 2008 4:01 PM:

" It doesn't matter cthulhu. Even if Blago. does go to jail he won't go to a state prison, and Obama will give him and Rezco full Presidential pardons. "

Cthulhu wrote on Oct 8, 2008 3:23 PM:

" Hopefully Pontiac prison will be open long enough to accept Rod Blagojevich as an inmate. "

gimli wrote on Oct 8, 2008 2:22 PM:

" this is how the Governors work...sneak the inmates out and then close the place. That is what happened with LDC, the union fought it but LDC still lost. It was inhumane the way the residents were dragged out...and now the big question in my mind is WHY ARE THEY SENDING PRISONERS FROM A MEDIUM JOINT TO MINIMUM JOINTS?? Why are the people not yelling out?!?!?! The prisons are understaffed and the powers that be are shipping medium inmates to minimum prisons??? As Jane Doe who lives a half hour from a minimum prison I do not like this one bit! Mr. Blago has rocks in his head. C'mon communities-think about it!! Do you want this to happen???????? STAND UP AND YELL!!!!! "

Voice of Reason2 wrote on Oct 8, 2008 2:09 PM:

" Blago said this was a possibility when he was running. Why is this surprising anyone? You democrats elected this guy so congrats.

Wait to see what Hussein does if he's elected. Taxes will go up, businesses will flock to Mexico in droves or just close completely.

The liberals will have you believe that the Republicans pander to big business and maybe they do. However, this keeps the businesses open and running and if you are an employee isn’t that kind of important?

This prison closing, that we knew about when Blago was running, is only going to be the start if the liberals win the White House.

Look what the liberal congress has done to the economy in 2 plus years.

Hussein '08 = Carter '77 "

correctional/officer wrote on Oct 8, 2008 2:00 PM:

" It's not over till the fat lady sings........ "
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