No, we should never presume definitive unrepentance. We should, instead help someone toward repentance so that they may receive the sacraments. In fact, this is what the Church has always done. There is already and always has been a way for those willing to repent to receive the sacraments of penance and the eucharist.
If the bishop had such folks in mind, then he would have no need to apologize. Rather, he specifically apologizes for denying people the sacraments based on a “rigid” and “formal” view of the family. Again, only those who were unrepentant and unwilling to amend their lives have heretofore been denied the sacraments.
It is this bishop who is judgmentally presuming their unwillingness to repent, rather than giving than the presumption that their hearts will be open to the grace of repentance before receiving the sacraments like the Church has always done. He is the one who presumes the hardness of their hearts (hardness of heart is why Moses also tolerated divorce and remarriage, according to Jesus–that is where Jesus says the bad rigidity is).
Jesus calls us to something better.