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Mentally ill inmate released; long-term solution sought

Pantagraph - 8/8/2017

Aug. 08--BLOOMINGTON -- A mentally ill inmate will be released from the McLean County jail on Tuesday with a one-day bus ticket to Springfield and orders to stay there while his state-appointed guardian and defense team put together a long-term solution to address his homelessness and mental health care.

Judge Casey Costigan told Lafayette Banks that his 76-day jail stay will end, but how long the 50-year-old defendant remains free will be determined by how well he follows the judge's strict conditions.

Banks must live in the Helping Hands shelter and comply with terms of his probation for a 2015 conviction for impersonating a police officer in McLean County. He also must cooperate with mental health treatment.

"I don't want to put you back downstairs because that's not doing anybody any good," said Costigan, referring to the jail below the fourth floor courtroom.

After the ruling, the logistics of releasing Banks became apparent to the judge and three lawyers working on the case. Where would the homeless man stay if he was let out of jail Monday night and who would take him to Springfield? The two questions were resolved with one more night in jail and a train ticket. Left unsettled was how Banks, who was unable to rationally engage in a dialogue with the judge, will get from the train station to the shelter.

Before the hearing, Banks' situation was discussed in an informal courtroom meeting between lawyers, including Assistant State's Attorney David Fitt, defense lawyer Jonathan McEldowney and David West, lawyer for the Office of State Guardian appointed to represent Banks' interests.

Fitt's reluctance to dismiss the probation violation against Banks was met with an equal amount of skepticism from the state guardian that Banks would attend required check-ins with his probation officer in Bloomington.

A suggestion from Fitt that Banks be evaluated again to determine his mental fitness drew an unenthusiastic response from McEldowney. "Nine months and $15,000 later we will be back where we started," said the defense lawyer.

West told Costigan that most cases handled by the state guardian involve people who reside in a supervised facility. Before his arrest, Banks left the Jacksonville nursing home where he had been placed, said West.

The Springfield shelter that offers social services "is the best we've got today" as an option for Banks, said West. Banks will be allowed to come and go from the facility that will serve as a permanent address for disability benefits, something Banks has not yet received.

If Banks remains on probation, McLean County court officials should work to find local housing for him, West suggested.

Costigan set an Oct. 3 hearing to review the status of the case.

Banks is one of about a dozen McLean County inmates routinely held in the booking area because of mental health issues. The county is in the process of constructing an addition to the jail that will include a special unit for mentally ill inmates.

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