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Illinois GOP call for hearings in wake of abuse at Choate

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This article was produced for ProPublica’s Local Reporting Network in partnership with Lee Enterprises, along with Capitol News Illinois.All 59 Republican members of the Illinois General Assembly are calling for legislative hearings on a state-run mental health center in rural southern Illinois, citing findings of a culture of abuse, cover-ups and poor patient care from a monthslong investigative series by Lee Enterprises Midwest, Capitol News Illinois and ProPublica.Late last week, the members sent a letter to key Democratic committee chairs in the Illinois House and Senate asking them to schedule a bicameral public hearing on the facility.The districts that include and surround Choate Mental Health and Developmental Center are represented by Republicans, but as the minority party in both chambers, they lack the authority to convene a legislative hearing.On Thursday morning, several downstate GOP lawmakers reiterated their call to action at a news conference at the Capitol. Rep. Paul Jacobs, R-Pomona, whose district includes Choate, and others stressed that they want to see conditions fixed.“The residents there can’t suffer. The most profound developmental and mental disabilities in the state can’t suffer. They have to be treated well,” Jacobs said.In addition to the in-person hearing, the lawmakers requested access to high-ranking Illinois Department of Human Services officials who oversee the facility, including Secretary Grace Hou.The facility is one of 13 psychiatric hospitals and developmental centers operated by IDHS across the state. Choate is located in the rural community of Anna near the Missouri border about 120 miles southeast of St. Louis. The 270-bed facility serves people with mental illnesses and developmental disabilities, including people diagnosed with “profound” disabilities and some who are nonverbal.Since September, the news organizations have detailed startling cases of patient beatings, neglect and poor medical care, as well as coordinated efforts by staff to cover up patient mistreatment. A story published this month disclosed that patients with pica, a disorder in which people feel compelled to swallow inedible objects, had been forced to dig through their own feces to recover the items.Over a 10-year period ending in 2021, the IDHS Office of the Inspector General fielded more than 1,500 allegations of abuse and neglect at Choate. And the state’s attorney in Union County, where the facility is located, has filed charges against at least 48 people — both patients and employees — since 2015.Several GOP lawmakers stressed that while they want to see improvement at the facility, they want Choate to remain open. The call for hearings comes after Democratic Gov. J.B. Pritzker reiterated his position last week on the situation at Choate: Fix it or close it. Some parents of longtime Choate residents have expressed concerns about where their loved ones would go if the facility closes, including state Sen. Jil Tracy, R-Quincy, whose brother lives at Choate with more than 230 other residents.

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St. Louis Public RadioIllinois Sen. Jil Tracy, R-Quincy, on Wednesday, Feb. 15, 2023, at the state capitol in Springfield, Ill.

“We don’t have facilities to house them up in other parts of the state,” Tracy said. “They have the type of care that is needed by the population that resides there. As I mentioned, many of these have tried group homes, ourselves included. It didn’t work for the specific needs of my brother and several others or many others that resided there.”Closure would also mean the loss of state jobs in far southern Illinois, an economically depressed area largely represented by Republicans.Pritzker’s threats of closure didn’t sit well with Sen. Terri Bryant, R-Murphysboro, whose district neighbors Choate, and she called on the governor to take a more active role in finding solutions.“When the governor says, ‘They have to fix it or I’m going to close the facility’ — he’s ‘they,’” Bryant said. “So he’s the one who has to fix it. And fixing it might mean a total and complete shake-up of the administration.”A statement from the governor’s office said he is closely monitoring the situation and will move forward on additional reforms in the coming weeks.In addition to the request for a hearing, the lawmakers outlined a series of steps they’d like to see immediately implemented to improve conditions. Those include the installation of cameras in common interior areas, the appointment of a new director or assistant director with expertise in turning around troubled facilities and the hiring of at least 50 new front-line and health care workers at Choate. Currently, the facility employs around 500 and has approximately 80 vacancies.Rep. Charlie Meier, R-Okawville, whose southern Illinois district includes the state-run Murray Developmental Center, has also introduced legislation that would allow authorities to report negative findings against workers who help cover up abuse to a statewide registry, barring them from working in a health care setting in the future. Peter Neumer, the IDHS inspector general, called for this change in law last month after the news organizations reported on three Choate workers who were fired for similar misconduct — but who remain eligible to work with vulnerable populations in other health care settings. Meier also introduced legislation mandating that OIG investigations be completed within 30 days, allowing IDHS to fire employees found culpable of abuse or neglect.In one case featured in the reporting, in which eight workers were accused of abuse or failure to report the beating of a developmentally disabled man, the OIG investigation took eight years to complete. The investigation was suspended while the case was under criminal investigation by the Illinois State Police and during a subsequent criminal prosecution.Sen. Ann Gillespie, D-Arlington Heights, chair of the Senate Health and Human Services Appropriations Committee, said she’d received the Republicans’ letter and is considering next steps with her Democratic colleagues. She also said she’d read the news organizations’ reports about conditions at Choate and found them “horrifying.” But she stopped short of joining the call for a special joint hearing, saying that the current committee process may be most expedient for hearing bills and concerns about the facility. Regardless, Gillespie said, problems at Choate will be addressed by the General Assembly.Gillespie noted that improving conditions at the facility has also been named a top priority for the bipartisan Illinois Senate Women’s Caucus, which she co-chairs with Tracy.“The knee-jerk reaction might be to shut it down, but then it becomes where do these residents go? And so we can’t do anything knee-jerk that’s going to put the residents in continued or worse danger,” Gillespie said.IDHS has not disputed any of the news organizations’ findings.In a statement, IDHS maintained that Choate employees provide crucial care to vulnerable patients and that those who violate the standard of care will be held accountable.IDHS has implemented reforms at the facility including additional training, increased security, surveillance cameras for the exterior and common area, increased security and management presence in living areas, and physical improvements. The center will undergo a review by the federal monitor Equip for Equality and the OIG, as well as working with the Illinois State Police.IDHS has also brought in an onsite liaison to report to Hou and the director of the Division of Developmental Disabilities..“We take the longstanding problems at Choate very seriously and remain committed to providing good, quality care for residents and patients at the facility. We will continue to work with families, staff, residents, and other stakeholders to carry out the mission of helping people with disabilities and others in need across Illinois,” the statement said.The Republicans speaking at the news conference Thursday agreed that the problems are long-standing and span multiple administrations of governors from both parties, but they called for immediate solutions.AFSCME Council 31, the union that represents some Choate employees, said in a statement following the news conference that it welcomes the support of “anyone of good will who wants to work to improve” the facility. The union said it has for years urged legislators and IDHS to increase staffing, expand training and invest in maintenance of the buildings.“It’s regrettable that it took disturbing media reports of past misconduct to underscore the need for improvements at Choate, but the wrongful actions of a few cannot overshadow the deep commitment of the overwhelming majority of employees to Choate’s residents and to making the facility the best it can be,” the statement said.

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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