Family of Jussie Smollett says he's being kept in a psych ward

CHICAGO (CBS) -- The family of Jussie Smollett said he is being kept in a psych ward in Cook County Jail, with a sign saying he's "at risk of self-harm."

They also believe being in a cell alone could hurt his mental health. 

CBS 2 asked the Cook County Sheriff about the family's concerns.

Smollett's family said and attorneys said they are filing an emergency road to have his sentence stayed and to have him released from jail on bond until his appeal is heard.

This past Thursday, Cook County Criminal Court Judge James Linn sentenced Smollett to 30 months' probation for fabricating a racist, homophobic hate crime against himself. Linn ordered that Smollett spend the first 150 days, or about five months, of that probation in jail.

Smollett's family claimed that he has been the target of "vicious threats in social media forums," which they said "reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration."

The family also claimed Smollett has a compromised immune system and faces a serious health risk in the event that he is exposed to COVID-19 in jail.

The family further said the morning after Smollett was taken away to jail, a sibling whose phone number is his emergency contact started being "bombarded" with phone threats about harm that would be done to Smollett in jail – using "profane, racist, and homophobic terms."

The sheriff's office said Smollett is not in solitary confinement and that has not been used for any inmate since 2016. He is currently in his own cell, which is monitored by security cameras and by an officer with a body camera.

Other prisoners are not in the common area when Smollett is allowed out of his cell. It's a protocol used for inmates in protective custody  like those with a high profile. Smollett's lawyers filed an emergency motion Monday to stay his sentence or grant bond while they appeal.

The sheriff's office also addressed the family's other concerns in this full statement:

"All medical and mental health assessments of detained individuals at Cook County Jail are made by staff from Cermak Health Services, the division of Cook County Health that provides all medical and mental health treatment for detained persons in custody. Sheriff's Office staff work closely with Cermak staff to place individuals in housing that is appropriate for their security, medical, and mental health needs. Please contact Cermak Health Services for any questions about Mr. Smollett's current mental or medical health status.

"Regarding COVID-19, there are currently just 15 individuals positive for the virus, all of whom tested positive at admission over the previous days, out of more than 6,100 in custody at the jail. The Jail, which has been recognized in studies by the CDC, Yale, and Stanford Universities as a leader among carceral facilities in the fight against COVID-19, continues to employ the strategies that have proven successful in combatting the spread of this disease, including widespread testing, vaccination of both staff and detained individuals, and quarantine and isolation protocols.

"Regarding Mr. Smollett's housing, the judge ordered that Smollett be housed in protective custody. He is currently housed in a location frequently utilized for individuals requiring a high level of supervision and care for mental health needs. This housing may also be utilized solely for security reasons due to the enhanced monitoring that can occur in this setting, and it would be inaccurate and irresponsible to make any assumption about his mental or medical condition based on where he is currently housed. To clarify, Mr. Smollett is not currently on suicide watch.  We would refer you to Cermak Health Services regarding any questions about suicide watch.  

"Regarding reports of threatening, hateful, and racist calls received by the family, the Sheriff's Office strongly urges the family to report these alleged calls to local law enforcement. As with all individuals in custody, the safety and security of Mr. Smollett is the Sheriff's Office primary concern."

After announcing the sentence, Linn asked Smollett if he had any questions, to which Smollett said, "No, I would just like to say to your honor that I am not suicidal. That's what I would like to say."

 "I am not suicidal. I am innocent, and I am not suicidal. If I did this, then it means that I stuck my fist in the fears of Black Americans in this country for over 400 years, and the fears of the LGBT community," Smollett said. "Your honor, I respect you, and I respect the jury, but I did not do this. And I am not suicidal, and if anything happens to me when I go in there, I did not do it to myself, and you must all know that. I respect you, your honor, I respect your decision."

"Jail time?" he added, with a shake of his head and a clap of his hands, "I am not suicidal."

Upon being escorted from the courtroom to go to jail a short time later, Smollett raised his fist and yelled: "I am not suicidal! I am not suicidal, and I'm innocent! I could have said that I was guilty a long time ago!"

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