People v. Weinstein

In consolidated appeals, the circuit court in five criminal actions found the defendants unfit to stand trial and ordered that they be provided fitness restoration treatment by the Department of Human Services. The department subsequently was found in indirect civil contempt for failing to obey those orders and the department appealed. The appellate court affirmed, finding that the trial court did not err in entering the indirect civil contempt order and that the trial court reasonably determined that the department voluntarily chose not to attempt jail-based restoration services. The appellate court also found that the trial court did not improperly consider past conditions when it found that the department’s failure to comply was willful and contumacious. (McLAREN and BIRKETT, concurring)