http://www.pontiacdailyleader.com/articles/2008/07/09/news/news3.txt

Attorney general asked for opinion

July 9, 2008

Pontiac Daily Leader

Sheila Shelton

Three Illinois state senators, including Dan Rutherford, are asking Illinois Attorney General Lisa Madigan to issue an opinion on the State Department of Corrections' failure to file an official closure recommendation concerning Pontiac Correctional Center.

According to the State Facilities Closure Act, a notice of proposed closure of the Pontiac Correctional Center was received on May 6 from the Department of Corrections. On May 16, the Commission on Government Forecasting and Accountability (COGFA) notified DOC that an official recommendation of closure had to be filed with the commission by July 2. Last week, DOC requested an extension period in which to file the paperwork involving the PCC closure.

Rutherford, R-Chenoa (53rd District), said that as of Monday DOC had not filed the requisite recommendation of closure for PCC.

Rutherford, Senate Republican Leader Frank Watson, R-Greenville (51st District), and State Sen. Christine Radogno, R-Lemont (41st District), on Monday sent a letter to the attorney general asking her to issue a ruling on the impact of the DOC failure to file the recommendation for closure.

The letter from the three senators to Madigan states that "Given the closure of a correctional center will have a drastic impact on the employees of that facility and their families, on public safety and upon the economy of Central Illinois, it is important that we as legislators fully understand the impact of the Department's failure to file a recommendation for closure of the facility in a timely manner as prescribed by law."

The letter goes on to ask Madigan "What is the legal impact of the Department of Corrections failure to file a recommendation within 30 days of the Commission on Government Forecasting and Accountability requesting such recommendation as required by Illinois law?"

The DOC in asking for the extension stated its reasoning as the new budget for the state includes full-funding for PCC for the next year but the fact that Gov. Rod Blagojevich has not acted on the budget bills.

Rutherford told the Daily Leader last Thursday that the items called for in the recommendation for closure are "irrespective of the budget."

Asked at that time what COGFA's guideline for issuing an extension would be, Rutherford responded, "The statute dealing with closures does not provide for the ability of extensions."

A hearing on the closing of PCC had been set for the Pontiac Township High School at 5 p.m. on Aug. 12. This hearing had been set under the original guidelines set by COGFA when the information was to have been presented to the commission by July 2.

State officials have said they do not know what effect the extension will have on the timing of the hearing and whether or not it would have to be rescheduled.

Rutherford said this morning that getting Madigan's office to rule on this extension is "not just relevant to Pontiac but could set a state precedent on other state facilities and possible closures " of them in the future.