Hotline Volunteer Manual
5100 W. Harrison Street, Chicago, Illinois 60644 HOTLINE: 1-800-LAW-REP4 (1-800-529-7374) www.first-defense.org
Revised February 2017
INTRODUCTION TO FDLA’S HOTLINE PROGRAM
Welcome to First Defense Legal Aid (FDLA). Since 1995, FDLA has maintained a 24-hour police custody hotline, 1-800-LAW-REP4 (1-800-529-7374). Our staff and hotline volunteers are always available to provide free representation to people under custodial investigation by the Chicago Police Department (CPD). This year begins a year-long county-wide pilot: FDLA is now county-wide for juveniles under age 15 under custodial investigation for homicide and sex crimes by any local police department in Cook County.
FDLA’s hotline is the only program of its kind. In Illinois, no public defender is assigned to represent an indigent defendant until the initial court appearance (typically a bond hearing, often days after the initial arrest). By then, charges have been filed and, more often than not, a confession obtained. We fill this gap in representation between the time a person is arrested and the time they would otherwise get counsel. Still, less than 1% of all arrestees, and just 0.2% of juvenile arrestees, have a lawyer at any CPD station. Our Street Law – Know Your Rights programming and policy advocacy have affected a steady increase in calls for station house defense. As the only provider, FDLA depends on volunteers like you to respond.
The first 48 hours in police custody are critical. During this time, suspects are most susceptible to having their constitutional rights violated. Police officers employ a variety of coercive tactics, legal and otherwise, to obtain a confession. Without FDLA, suspects remain in police custody during this time without any support or advice. They are frightened, intimidated, and alone. Many confess, some to crimes they did not commit. Chicago is the false confession capital of the United States.
With your help, FDLA’s clients are protected. During your shift, you will talk to concerned family members. You will go to police stations. You will meet many different kinds of clients. Some have been through the system before. Some have not. You will help people understand and assert their constitutional rights, including the rights to counsel and to remain silent. You will advocate for necessary medical care or even restorative alternatives for avoiding criminal charges. You may come across instances of police abuse, even police brutality. You will document that misconduct, and your presence alone will help to deter it.
You are FDLA. Without our dedicated volunteers, we could not operate. This is also why our #Give72 recruitment efforts are so important to aid in the 72 hours that arrestees would otherwise be alone with only police or prosecutors. Please continue to encourage other attorneys and 711 law students to give just 6 hours per month for a year as First Defenders.
Thank you for your time, your commitment, and your advocacy. Please let us know what you like about your FDLA experience and what we can do to make it better. It is our pleasure to welcome you to FDLA.
-First Defense Legal Aid
Revised February 2017
ii
FDLA CONTACT INFORMATION
OFFICE
First Defense Legal Aid E-Mail: [email protected]
5100 W. Harrison Website: www.first-defense.org
Chicago, Illinois 60644 Fax: (312) 238-9344
HOTLINE STAFF
Eliza Solowiej, Executive Director (773) 354-8581 [email protected]
Vickie Casanova Willis Director of Communications and Outreach (708) 712-4726 [email protected]
Samoane Williams, Program Manager & Staff Attorney (586) 484-3581 [email protected]
Nick Bedenk, Program Coordinator & Staff Attorney (708) 497-9742 [email protected]
Ben Meyer, Staff Attorney (773) 339-2115 [email protected] Larry Redmond, Staff Attorney (630) 805-0981 [email protected]
Christina Pillsbury, Hotline VISTA (269) 290-4726 [email protected]
Jaclyn DeSana, #Give 72 VISTA Attorney (734) 771-7685 [email protected]
OTHER
Appletree Answering Service (773) 913-1631
Call the answering service to request a Spanish language interpreter.
American Sign Language Interpreter (312) 895-4300
City of Chicago Non-Emergency Assistance 311
Revised February 2017
iii
TABLE OF CONTENTS
Introduction to FDLA i FDLA Contact Information ii Custodial Suspect’s Right to Counsel 1 Relevant Statutes and Case law ...... 1 Criminal Process and Procedure in Cook County 3 Adults and Juveniles – Felony ...... 3 Adults – Misdemeanor ...... 4 Bond Court ...... 4 Juveniles in Police Custody 6 What is My Role as the Lawyer for a Juvenile Client? ...... 8 What Role Do Parents or Guardians Play When Their Children Are in Police Custody? ...... 8 How Do I Advise a Parent or Guardian at the Station? ...... 9 How Long Can Police Hold a Minor in Custody? ...... 9 Can Minors Ever Be In the Presence of Adult Detainees While in Police Custody? ...... 9 What’s a Station Adjustment? ...... 10 Minors Held in Cook County Suburban Police Custody ...... 13 Minors Released to Chicago Police for Investigation ...... 12 Chicago Police Investigations at the Detention Center ...... 13
General Shift Procedure 14 Receiving Calls to FDLA’s Twenty-Four Hour Hotline ...... 14 FDLA Forms ...... 16 Turning in Paperwork ...... 19 When Multiple Calls Are Received at the Same Time ...... 20 We Have Your Back ...... 20 Items Needed for Station Visits...... 20 FDLA PROCEDURE WHEN A CALL IS RECEIVED 21 Step 1 - Record Information...... 21 Step 2 - Speak to the Caller ...... 22 Step 3 - Locate the Client...... 22 Step 4 - Determine Call priority...... 26 Step 5 - The Station Visit ...... 31 Step 6 - Update the Caller ...... 34 Step 7 - Complete Paperwork & Notify FDLA of the Visit...... 33 Troubleshooting 34 Filing an IPRA Complaint...... 34 Media Coverage ...... 34 What if I Don’t Speak Spanish? ...... 35
Revised February 2017
iv
CPD Area and District Locator and Map 35 Designated Holding Facilities 38 COOK COUNTY POLICE AND COURT PHONE DIRECTORY 38 AREA NORTH (BELMONT & WESTERN) ...... 38 AREA CENTRAL (51ST & WENTWORTH)...... 41 AREA SOUTH (111th & Ellis) ...... 42 Special Units...... 43 Chicago Police Headquarters ...... 43 Cook County Sheriff ...... 44 Suburban Cook County Police Departments ...... 46 Outlying Juvenile Courts ...... 49 Court Information ...... 50
Appendices Appendix A– CPD Special Order S06-01 Processing Persons under Department Control….... 51
Appendix B – CPD General Order G06-03 Felony Review by Cook County State’s Attorney….57
Appendix C – CPD General Order C10-01 Gang Violence Reduction Strategy …………… ...……...61
Appendix D – CPD Special Order S04-13-09: Investigatory Stop System...... 75
Appendix E – CPD Order G03-02-05 Incidents Requiring the Completion of a Tactical Response Report………………………………………………………………………………………………………………….91
Appendix F – CPD General Order G02-01-03 Interactions with Transgender, Intersex and Gender-Nonconforming Individuals…………………………………………………………………………………….98
Appendix G – Special Order S02-01-01: People with Disabilities...... 103
Appendix H – CPD Special Order: S06-14-03: Responding to Incidents Involving Citizenship Status…………………………………………………………………………………………………………….. 108
Appendix I – Juvenile Court Act 705 ILCS 405/5-405………………………………………………………....111
Appendix J – Public Act 099-0882 Section 5-170...... 113
Appendix K – CPD Special Order S06-04 Processing of Juveniles and Minors Under Department Control…….…………………………………………………………………………………………………….114
Appendix L – Legal Reminder-G04-03 Juvenile Right to Counsel...... ……….……………………...125
Appendix M – Restorative Justice Hubs……………………………………………………………………………...126
Appendix N – Call Sheet…………………………………………………………………………………………………...... 127
Appendix O – DOR ………………………………………………………………………………………………………….....129
Revised February 2017
v
Appendix P – Injury Log……………………………………………………………………………………………………..130
Appendix Q – 711 Consent Forms……………………………………………………………………………………...131
Appendix R – Bringing Contraband into a Penal Institution: 720 ILCS 5/31A- 1.1……………..132
Appendix S – CPD Notice D16-04: Illinois Alternative Cannabis Enforcement for Possession of not more than 10 grams of cannabis………………………...... …………...... 135
Appendix T – CPD Special Order S0-08: Approved Medical Facilitie…………………………………..142
Appendix U – Witness Rights...... ………………..149
Appendix V – Know Your Players……………………………………………………………………………...……….154
Appendix W – CPD Special Order S03-06: Squadrol Operating Procedures; CPD Special Order Detention Facilities General Procedures & Responsibilities………………...…………………155
Appendix X – Spanish Translations…………………………………………………………………………………....161
Appendix Y – CPD General Order G06-01-04: Arrestee and In-Custody Communications….166
Appendix Z – CPD General Order S04-20-01: Responding to Incidents Involving Persons in Need of Mental Health Treatment……………………………………………………………………...... 172
Revised February 2017
1
CUSTODIAL SUSPECT’S RIGHT TO COUNSEL According to the Illinois Supreme Court decisions of People v. McCauley and People v. Chapman, an individual in police custody in Illinois has a state constitutional right to counsel. This applies even in situations where the client has not requested an attorney or does not know one has been retained to represent them.
RELEVANT STATUTES AND CASE LAW
725 ILCS 5/103-3 Right to communicate with attorney and family; transfers.
(a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
(b) In the event the accused is transferred to a new place of custody their right to communicate with an attorney and a member of their family is renewed.
5/103-4 Right to consult with attorney.
Any person committed, imprisoned or restrained of their liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone, and in private at the place of custody, as many times and for such period each time as is reasonable.
See also, Chicago Police Department General Order G06-01-04 Arrestee and In-Custody Communications, Appendix Y.
People v. Willis (Opinion Filed on June 3, 2005)
The Illinois Supreme Court held that a confession obtained after a 73-hour detention by the Chicago police was admissible in court. The court held that the test for whether a confession is admissible when obtained during an unreasonable extended detention is whether the confession was “voluntary.”
People v. Chapman (Opinion filed on December 1, 2000)
The Illinois Supreme Court case, People v. McCauley (1994), has been modified by the Illinois Supreme Court in People v. Chapman (2000), and the Third Appellate Court decision in People v. Milestone (1996) has been overturned. Milestone held that a defendant’s statement made after the attorney for the defendant called the station but before that attorney arrived at the station must be suppressed. That is no longer the case law in Illinois.
People v. McCauley held that an attorney at the police station must be allowed access to the client and the client must be informed of the attorney’s presence. All of the defendant’s statements made after the attorney arrives at the station must be suppressed since they were not made knowingly and intelligently. This is based on the Illinois State Constitution and Illinois case law Smith and Griggs, the privilege against self-incrimination and the right to due process. McCauley did not address whether statements should be suppressed if they were made after an attorney for the defendant calls on the telephone, identifies themself as the attorney for the defendant, and the defendant subsequently makes statements while the attorney is en route to the station. People v. Chapman refuses to hold that McCauley applies to an attorney who is present by telephone, holding that an attorney must be “physically present” and “immediately available” to defendant for McCauley to apply. What
Revised February 2017
2
this means for you is that police may continue to question the defendant unless you are physically present at the police station.
SPECIAL NOTE: In Chapman, the court refused to extend McCauley because there was no type of misconduct or coercion on the part of the investigating officers and members of the State’s Attorney’s office found by the trial court. If there is any type of police misconduct or coercion, the State has the burden of proving that the defendant knowingly and intelligently waived their state constitutional rights. You are a key witness for your client regarding the type of misconduct and abuse that occurs on the part of members of the State’s Attorney’s office and investigating officers.
Berghuis v. Thompkins (Opinion filed on June 1, 2010)
In Berghuis v. Thompkins, Van Chester Thompkins was arrested and questioned about a homicide. Police questioned him for nearly three hours and he remained silent. In a last-ditch effort, detectives asked whether he believed in God, whether he prayed to God, and whether he prayed for forgiveness for the shooting. Thompkins answered ''yes'' to each of the questions. Based on this three-word oral “statement,” and despite the fact that Thompkins refused to sign a written statement, he was charged, convicted, and sentenced to life in prison without parole.
On appeal, Thompkins argued that his confession was obtained in violation of the Fifth Amendment. The Michigan Supreme Court sided with the State, finding that Thompkins waived his Fifth Amendment right when he answered the detective’s questions in the third hour. The Sixth Circuit reversed the State Court, finding that Thompkins had not waived his rights because he had refused to sign an acknowledgement that he had been informed of his Miranda rights, refused to answer questions, and rarely even made eye contact with the police for nearly three hours. On June 1, 2010, the United States Supreme Court reversed the Sixth Circuit, holding that the state court's rejection of Mr. Thompkins' Miranda claim was correct.
The Court reasoned that Thompkins failed to invoke his Miranda rights to remain silent and to counsel because he failed to do so "unambiguously." In addition, the Court reasoned that Thompkins waived his Miranda right to remain silent when he "knowingly and voluntarily" made a statement to the police. Simply put, an interrogee seeking to remain silent must break that silence and police are no longer required to expressly ask a suspect to waive their rights. The Court has succeeded in flipping Miranda on its head; where there was once the requirement of an unambiguous waiver of your rights to silence and counsel, the Court now requires an unambiguous declaration of those rights: “I will not talk. I want my lawyer.”
Revised February 2017
3
CRIMINAL PROCESS AND PROCEDURE IN COOK COUNTY
The first thing you should understand as an FDLA hotline volunteer is the basic process and procedure involved in a criminal case, from the time of arrest through the time a person is charged and appears in court for the first time (often at a bond hearing). This process is generally the same, with some variations depending on whether your client is facing felony or misdemeanor charges, and whether your client is an adult or juvenile.
ADULTS AND JUVENILES – FELONY
When a person (adult or juvenile) is arrested on a felony charge in Chicago, the case is handled by a detective based out of one of the Area Headquarters. The detective’s investigation may include interrogating your client, interviewing witnesses, conducting line-ups and photo identifications, and gathering physical evidence like shell casings, fingerprints, or D.N.A (blood and semen).
A detective typically has 48 hours to charge an adult suspect (See CPD special order S06-01 in Appendix A). When a detective believes there is enough evidence to charge a suspect with a felony, the detective calls the felony review unit of the State’s Attorney’s office. Felony review is staffed by prosecutors (assistant state’s attorneys) who are available 24 hours a day. Their job is to examine the detective’s work and decide whether there is enough evidence to charge a felony. This includes a presentation of the detective’s reports and other evidence. In serious felony cases, including homicides, the felony review attorney will often conduct interviews with witnesses, including the suspect, before approving or declining a felony charge. At the district level in Chicago, the station supervisor is responsible for ensuring that a member of the State’s Attorney’s office is promptly notified in the following instances:
A. Within six (6) hours of arrest, when an arrested person is to be charged with a felony, except felony narcotic cases and syndicated gambling cases when the arrests are made by members of the organized crime division.
B. When a juvenile is in custody for a homicide offense.
C. When an arrest involves statutory upgrades of misdemeanor charges based upon an arrestee’s prior convictions.
D. When any person is shot by a member of the department.
E. When a person is seriously injured by a member of the department in the course of duty performance.
For more information on felony review, see CPD General Order G06-03, Felony Review by Cook County State’s Attorney in Appendix B.
An adult charged with a felony offense will be sent to the main Criminal Courthouse, located at 2650 S. California Avenue (26th & California) for a bond hearing, typically the morning after felony review approves the charge. The exact location and time of the bond hearing depends on the felony charged.
Revised February 2017
4
ADULTS – MISDEMEANOR
Most misdemeanor arrests are made by uniformed police officers, not detectives. The arresting officer transports the suspect to the district police station where the suspect is booked: the arrestee is fingerprinted, photographed, and their demographic information (name, address, date of birth, race, identifying marks) is entered into the police computer. Their fingerprints are then run through the system to make sure they do not have any outstanding warrants. If the individual’s prints “clear,” they usually are released with an I-Bond (personal recognizance bond), and court date. Some misdemeanors, including domestic violence offenses, require a bond hearing.
UNDER CHICAGO POLICE DEPARTMENT POLICY, I-BONDS ARE NOT ISSUED AT THE STATION FOR “VERIFIED GANG MEMBERS” CHARGED WITH MISDEMEANORS (SEE CPD GENERAL ORDER C10-01 GANG VIOLENCE REDUCTION STRATEGY VIII F IN APPENDIX C). THIS CAN INDICATE AN ONGOING INVESTIGATION OR CIVIL RIGHTS ISSUE, AS NON-GANG MEMBERS MAY BE IN CPD’S SYSTEM AS VERIFIED GANG MEMBERS. INFORMATION ON THE GANG VIOLENCE REDUCTION STRATEGY, A DOR, AND OUR DOCUMENTATION CAN BE VITAL. IF YOU SEE A CLIENT WHO HAS BEEN IDENTIFIED AS A “VERIFIED GANG MEMBER,” YOU SHOULD MAKE A NOTE OF IT ON THE CALL SHEET BY MARKING BOX LABELED “VERIFIED GANG MEMBER” ON THE RIGHT HAND SIDE OF THE CALL SHEET (SEE CALL SHEET IN APPENDIX N). CLIENT WILL BE OFFERED RELEASE FROM THE STATION IF A FRIEND OR FAMILY MEMBER CAN BRING CASH TO THE POLICE STATION IMMEDIATELY. YOU CAN HELP THEM UNDERSTAND THAT THIS MAY NOT BE REIMBURSED IF THE JUDGE APPOINTS A PUBLIC DEFENDER; IT ALSO MAY BE USED AS REASON TO NOT APPOINT A PUBLIC DEFENDER AND THE PERSON BRINGING THE MONEY MAY THEN BE CONNECTED TO A GANG AS WELL.
BOND COURT
Our staff and volunteers do not represent clients at bond court nor can they pay bond. However, it is important to receive bond information from the CPD and relay it to the caller. Depending on the seriousness of the charge, the criminal record of the defendant, and other aggravating or mitigating factors, the judge presiding at a bond hearing may issue an I-Bond (release on personal recognizance), D-Bond (10% of the bond amount must be posted for release), Cash Bond (100% of the bond amount must be posted for release), or arrange for Electronic Monitoring. Under electronic monitoring, the defendant is fitted with an ankle bracelet that sends a radio signal to a unit attached to the defendant’s phone line. The unit informs the Cook County Sheriff when the defendant enters or leaves their home or if there is any tampering with the equipment.
Bond can be made by posting cash or credit cards. Stocks, bonds, or real estate-checks will not be accepted. A picture I.D. is required. Bond can be posted at Division V at Cook County Jail, 2700 S. California Ave. If family members can make it to bond court, they should stand up when the client’s name is called so that the judge is aware that someone is concerned.
The main number for Cook County Jail is (773) 674-7100. Inmate information: (773) 674-5245.
On weekends and holidays, all bond hearings take place at 2600 S. California, Room 100. Bond hearings for misdemeanors are at 12:00 p.m. and felony bond hearings are at 1:30 p.m.
Revised February 2017
5
FELONY BOND COURT
Central Bond Court (Branch 1) - 1:30 p.m. M-F - 2600 S. California, Room 100 (773) 674-5882
Homicide/Sex Crimes Bond Court (Branch 66) - 12:00 p.m. M-F - 2600 S. California, Room 101
(Including all juveniles charged as adults for non-narcotic offenses.) (773) 674-5882
Domestic Violence Bond Court (Branch 64) – 9:00 a.m. M-F - 555 W. Harrison St. (312) 325-9498/9500
Felony Traffic Bond Court (Branch 46) - 9:00 a.m. M-F – 2600 S. California, Room 100
This list may be outdated depending on changes in Cook County Circuit Court policies. If you are unsure when or where a person may be sent for bond court, ask the officer at the district where that person is being held in custody or call Central Booking: (312) 745-5202.
MISDEMEANOR
Bond hearings are held at these locations M-F at 9:00 a.m. and 1:30 p.m.
155 W. 51st St. (Area 1, Branch 34) (773) 373-8877
727 E. 111th St. (Area 2, Branch 35) (773) 982-3055
2452 W. Belmont Ave. (Area 3, Branch 29) (773) 404-3304
3140 W Flournoy St. (Area 4, Branch 43) (773) 265-8927
5555 W. Grand Ave. (Area 5, Branch 23) (773) 804-6154
Traffic Court (Branch 3) - 10:30 p.m. - 2600 S. California (773) 674-3072
Revised February 2017
6
JUVENILES IN POLICE CUSTODY
A person 17 years old or younger is considered a minor in Illinois according to the Juvenile Court Act. As you will note below, minors have greater protections while in police custody than adults, age 18 and older. The protections afforded by the Act continue even in cases where the young person, due to the seriousness of their alleged offense, will be subject to the automatic transfer provisions of the Act and will be tried as an adult in court.
The investigative process for juveniles is similar to that of adults, with some important distinctions: a youth officer is assigned to notify an adult who is responsible for the juvenile and to read a juvenile version of the Miranda warning to help the juvenile understand their rights (See Juvenile Court Act 705 ILCS 405/5-405 in Appendix I). While the police must also make an attempt to contact the juvenile’s parents or guardian, the questioning may proceed even if the guardian is not present.
In theory, the youth officer’s job is to act as an “interested adult” if a parent or guardian is not present during questioning, and then to process the child once the child is charged. As at least one Illinois court has noted, the youth officer “serves two masters—the youth and the State,” and the youth officer may not advocate as zealously for the juvenile as a family member, legal guardian, or defense lawyer. In re GO, a Minor, 191 Ill.2d 37 (2000).
When making a station visit for a juvenile client, be sure to document whether a youth officer has been contacted, particularly in serious investigations. For example, if your minor client gave a statement before you arrived at the police station, you should find out if the youth officer was present and what role they played during the interrogation. The presence or absence, and actions or inaction of the youth officer may be important factors in determining whether the juvenile defendant’s confession was voluntary and therefore admissible.
A youth officer has some discretion in whether a case will be referred to court or deferred, and even if the youth officer refers a case to court, the State’s Attorney’s office will review it and decide whether or not to prosecute the case. That decision is usually made before the first court appearance. The juvenile client will check in with a screening probation officer who will tell them whether or not they have to go in front of a judge.
If a juvenile is charged as an adult, the criminal case will be heard in adult court (26th & California), and the juvenile will have an adult bond, but will be held at the Juvenile Temporary Detention Center (JTDC) and not the Cook County Jail. The JTDC, also known as the Audy Home, is located at 1100 S. Hamilton. Like the Cook County Jail, it is a pre-trial jail used for holding minors while their cases are pending if they cannot post bond and are not eligible for some other form of release (like home detention or electronic monitoring).
The following chart generally describes actions that police may take with respect to juveniles.
Revised February 2017
7
Revised February 2017
8
WHAT IS MY ROLE AS THE LAWYER FOR A JUVENILE CLIENT?
You are required to go to visit all juvenile clients, including those that Chicago police say are in for misdemeanors. Misdemeanors or instances where the juvenile is already charged are lower priority calls. However, if there is not a higher priority call at the same time (i.e. ongoing felony investigation of adult or juvenile) it is important to provide representation while the juvenile is still in police custody. The reason is simple: minors in police custody are especially prone to police abuse. Also, you may be able to negotiate the juvenile’s diversion. For more information regarding priority calls, please see page 26.
Under a new pilot program, First Defense also represents those in suburban Cook County police custody that may involve a sex crime and/or homicide investigation and the alleged crime may have happened before they turned 15 (See Appendix J). If you are not sure whether a juvenile in suburban Cook County police custody fits this demographic, make the station visit.
The juvenile interview is essentially the same as with an adult. Be sure to fill out all necessary paperwork, including the DOR. Minors can assert their own rights, even if you have concerns that they may not fully understand them at that time. If you are concerned about the child’s level of understanding, be sure to note this in your paperwork. Make sure that the client understands that what they discuss with their parents can be used against them in court. In videotaped investigations, make sure both parent and child know that any conversation in the interview room will be recorded unless the attorney or 711 is in the room.
WHAT ROLE DO PARENTS OR GUARDIANS PLAY WHEN THEIR CHILDREN ARE IN POLICE CUSTODY?
1. When police take a minor suspect into police custody, the law requires that police make a reasonable attempt to contact the parents or legal guardian (See Juvenile Court Act of 1987 (705 ILCS 405/5-405 in Appendix I). Unlike adults, where police will ONLY give out pre-charge information to the adult's lawyer, police should tell the guardian or concerned adult where the child is being held.
2. However, in most cases POLICE OFFICERS CAN AND DO QUESTION CHILDREN WITHOUT THE PARENTS BEING PRESENT. The law only requires that a "reasonable attempt" be made to locate parents. In practical terms, this typically means that police call parents only once and fail to leave a message, or they stop by the house and leave a business card without further information.
However, with the passage of Public Act 099-0882, as of January 1, 2017 police are not to question children under the age of 15 in a criminal sexual assault or homicide investigation without the juvenile’s counsel present throughout. The burden is on the police to ensure the child is represented by counsel if they want to question the child (See the full text in Appendix J).
3. Police do NOT have to tell parents if their children are being viewed as witnesses or suspects. Police frequently tell parents that their children are just witnesses.
PRACTICE TIP: IS A PARENT, LEGAL GUARDIAN, OR ADULT WHO RESIDES WITH THE JUVENILE PRESENT? AN ADULT WITHIN ONE OF THE THREE CATEGORIES CAN HAVE THE CHILD RELEASED INTO THEIR CARE. POLICE CAN CHECK DEPARTMENT OF CHILDREN AND FAMILY SERVICES (DCFS) RECORDS TO DETERMINE WHO IS THE CHILD’S LEGAL GUARDIAN AND WILL ONLY ALLOW THE ADULT THAT FULFILLS ONE OF THESE ROLES, AND COUNSEL FOR THE CHILD, TO SEE THE CHILD (SEE JUVENILE COURT ACT 705 ILCS 405/5-405 IN APPENDIX I).
The presence of a concerned adult at the police station during a minor’s time in custody can greatly influence the youth officer’s decision to refer the minor’s case to court or make a station adjustment. Strongly advise the parent or guardian to go to the station as soon as possible.
Revised February 2017
9
If the parent or guardian tell you they cannot or will not go to the police station, ask if there is another adult family member that can go. Explain that if no family members show up at the station to advocate for the child, the Department of Children and Family Services (DCFS) may be contacted.
HOW DO I ADVISE A PARENT OR GUARDIAN AT THE STATION?
It is probably best to limit the amount of access a parent has to their child while in police custody. It is important that the parent be there to emotionally support the child, and this usually is the case, but some parents may feel that the child needs to be disciplined, should own up to what they did or should explain why it wasn’t them, often leading to incriminating statements including false confessions.
Parents may express feelings of anger towards their child, urge them to “do the right thing” and try to convince the child that explaining, confessing, or taking responsibility for their actions is best. Avoid this by briefly outlining the process of arrest, investigation, and charging. Explain the child’s right to silence to the parent and stress the importance of avoiding an admission. Make sure the parent understands that even what the child says to the parent might lead to a conviction that could have a very serious impact on the child’s future.
Explain to the parents that they cannot be present when you meet with the child because their presence would destroy the attorney-client privilege. It is unlikely that a parent who understands that they could be called as a witness against their own child will insist on being in the interview room. Instead, have the parent come into the room, hug their child, tell them that they love them, explain that you are a lawyer who is there to help them, and then step out so you can conduct your visit.
HOW LONG CAN POLICE HOLD A MINOR IN CUSTODY?
Minors under 12 can only be detained at the police station for 6 hours.
Minors between 12 and 17 can be detained for up to 12 hours for non-violent offenses and up to 24 hours for violent offenses.
It does NOT matter that a minor could be charged with a crime where they will be tried as an adult.
CAN MINORS EVER BE IN THE PRESENCE OF ADULT DETAINEES WHILE IN POLICE CUSTODY?
Yes and no. Although there is a general “Sight and Sound” separation rule between adult and juvenile detainees—juveniles cannot be held in a cell with adults—juveniles can be placed in a line-up with adults provided they are under the constant supervision of a youth officer. Be sure to note any violation of these requirements.
WHAT’S A STATION ADJUSTMENT?
In cases involving non-serious offenses, such as curfew violations, gang loitering, fighting in school, or theft, police may release juveniles with station adjustments rather than referring them to court. This usually happens when there is not enough evidence to bring formal charges or when the police decide not to pursue the case further because the child has little or no criminal history. A station adjustment that is satisfactorily completed is an arrest that shows up on the juvenile’s record, but it is not a conviction. If a juvenile fails to abide by the terms of a station adjustment, the case may still be referred to court.
Revised February 2017
10
There are two types of station adjustments, Formal and Informal:
Informal Station Adjustment Formal Station Adjustment (Nothing in writing) Juvenile officer determines there is probable cause that Juvenile officer determines there is probable cause that minor committed the act minor committed the act AND admission by the minor of involvement in the offense
Minor and parent, guardian, or legal custodian must agree in writing to the formal station adjustment and must be advised of the consequences of violation of any term of the agreement
Minor and parent, guardian, or legal custodian must be provided with copy of formal station adjustment agreement including:
Presenting offense Acknowledgement that the terms and consequences have been explained Acknowledgement that formal station adjustment record may be expunged (under 705 ILCS 405/ 5‐915) Acknowledgement that minor understands their admission of involvement in offense may be admitted in future court hearings Statement that all parties understand terms and conditions of formal station adjustment and agree to the process
Conditions: Conditions:
Curfew Limited to 120 days Conditions restricting entry into designated Minor shall not violate any laws geographic areas Juvenile officer may also add the following No contact with specified people conditions: School attendance o Attend school Up to 25 hours of community service work o Abide by set curfew Community mediation o Pay restitution Teen court or peer court o Refrain from possessing a firearm Restitution limited to 90 days o Report to a police officer at designated times and places o Including reporting that minor is at home at designated hours o Up to 25 hours of community service work o Refrain from entering designated geographical areas o Community mediation o Teen court or peer court o Refrain from contact with specified persons
Revised February 2017
11
If minor refuses or fails to abide by conditions, juvenile Formal station adjustment does not constitute an officer may impose formal station adjustment or refer case adjudication of delinquency or criminal conviction. Record to a member of the State’s Attorney’s office. of formal station adjustments is to be kept by Illinois State Police
Informal station adjustment does not constitute an Minor or parent, guardian, or legal custodian; or both the adjudication of delinquency or criminal conviction. minor, parent, guardian, or legal custodian may refuse Informal station adjustments for felony offenses are to be formal station adjustment and have the matter referred to recorded by Illinois State Police, may record misdemeanor court (Also may, within 30 days, revoke their consent and offenses have matter referred to court).
Admission by minor is admissible at further court hearings as long as the statement would be admissible under the rules of evidence.
If the minor violates any term or condition, the juvenile officer must provide written notice of the violation to the minor and parent, guardian or legal custodian. After consultation with the minor and parent, guardian, or legal custodian, the juvenile officer may take any of the following actions:
Warn the minor of the consequences of continued violations and continue the formal station adjustment Extend the formal station adjustment for up to a total of 180 days Extend community service hours to up to a total of 40 hours Terminate the formal station adjustment unsatisfactorily and take no further action Terminate the formal station adjustment unsatisfactorily and refer the case to court
If it seems reasonable, ask the youth officer to release the child with a warning rather than a station adjustment. If the youth officer is not amenable to this, advocate for an informal station adjustment rather than a formal adjustment. You could recommend that the youth officer allow the community to use restorative justice measures instead of punitive measures by granting an informal station adjustment with the understanding that you will provide information to the family on a nearby Restorative Justice Hub. Restorative Justice Hubs have been established in some neighborhoods. If a station adjustment is granted, you can refer the family to a restorative justice hub in the neighborhood (See the list of hubs in Appendix M).
Formal station adjustments require the child to sign a written admission – a confession – regarding their involvement in the offense. If the child fails to comply with the conditions of the formal adjustment, their case could be referred to Juvenile Court, and the written admission may be used as evidence against the child.
While there may be no room to negotiate whether the child will receive a formal or informal adjustment, you may be able to negotiate the conditions of the formal adjustment. Make sure that completion of the conditions is reasonably certain given the child’s living situation. For example, if the youth officer refers the child to a
Revised February 2017
12
counseling program, is there such a program? Does the child have reliable, safe transportation to get to the program and money for fees? Does the child have other responsibilities such as babysitting younger siblings or relatives that might prohibit the child’s completion of the program? Be sure that the family and child understand what is expected of the child and that failure to complete the conditions could result in the case being referred to court.
CALLS REGARDING JUVENILES BEING HELD IN THE DETENTION CENTER
The Public Defender’s office represents most juveniles being held at the Juvenile Temporary Detention Center (JTDC) while their cases are pending. On occasion, police investigate juveniles held at the JTDC in connection with other alleged crimes for which they have not yet been charged. Because a judge typically appoints the Public Defender after a case has been formally charged, the Public Defender’s office has not represented its own clients during police investigations. FDLA has an agreement with the JTDC to represent detainees during police investigations, and with the Public Defender’s office to represent its clients during police investigations prior to formal charging.
The JTDC is located at 1100 S. Hamilton Ave., near Ogden & Taylor. The phone number is (312) 433-7102. The number for the Juvenile Justice Division of the Public Defender’s office is (312) 433-7046.
CALLS REGARDING JUVENILES BEING HELD IN SUBURBAN COOK COUNTY POLICE CUSTODY
As of January 1, 2017, Public Act 099-0882 requires that any juvenile under 15 have an attorney present during interrogation for murder and sex offenses (See Appendix J). This includes investigations of juveniles 17 and younger for murder and sex offenses allegedly committed when the juvenile was under 15. As a pilot program, FDLA will provide representation to these juveniles subject to these types of investigations in any local police department’s custody in Cook County.
The answering service is directed to forward all calls regarding a juvenile in police custody to the on-call hotline volunteer. Volunteers will need to determine whether the juvenile is in police custody in Cook County, and whether the juvenile is potentially being investigated for a homicide or sex crime that may have occurred when they were under 15 years of age. For a list of suburban Cook County law enforcement agencies and phone numbers of suburban Cook County police stations and court houses, please see pages 46-48. If the juvenile is in police custody in Cook County for a homicide or sex crime investigation where the alleged offense may have occurred when they were under 15 years old, a station visit is necessary.
Since it is virtually impossible to determine over the phone the exact reason a person is being detained, err on the side of caution and provide a station visit whenever you are unsure whether the juvenile in suburban Cook County police custody could be questioned about a homicide or sex crime that may have happened before they were 15. Station visit procedure is virtually the same as providing representation for clients within Chicago.
MINORS RELEASED TO CHICAGO POLICE FOR INVESTIGATION
When police want to remove a minor from the JTDC for investigation, there is a court hearing on the State’s Attorney’s motion to “Request for the Minor Respondent's Temporary Release to Law Enforcement.” The Juvenile Justice Division of the Public Defender’s office represents its client at those hearings. The judge usually agrees to release the minor to police that day, and an assistant public defender calls the FDLA hotline to obtain representation for the minor during the police investigation. The assistant public defender will provide the FDLA hotline volunteer with at least the minor’s name, date of birth, and the police facility to which the
Revised February 2017
13
minor is being taken. Usually, the assistant public defender can also provide the name of the officer or detective investigating the minor and the offense being investigated. The hotline volunteer must proceed to the police station where the minor is being taken as quickly as possible and request to visit with the minor as soon as the minor arrives.
FDLA policy regarding a station visit under these circumstances is generally the same as for any other station visit (See the section entitled “FDLA Procedure When A Call Is Received,” beginning at page 21). You should advise the minor regarding their rights to remain silent and to assistance of counsel; describe the tactics that police can use to obtain confessions; and complete the Declaration of Rights (DOR) form. You should then notify the investigating officer that the minor is invoking their rights and serve the DOR on the officer. You should ask the minor for their guardian’s contact information, as well as ask the minor whether they consent to having you update their guardian and/or the Public Defender’s office on the status of the investigation.
CHICAGO POLICE INVESTIGATIONS AT THE DETENTION CENTER
When JTDC staff requests that law enforcement respond to an incident alleged to have occurred in the JTDC, the Chicago Police Department may investigate the incident at the detention center. In cases where a minor resident will be investigated by police at the JTDC, staff, or an assistant public defender will call FDLA to obtain representation for the minor. The hotline volunteer on call should go to visit the minor at the JTDC.
When you enter the facility at 1100 S. Hamilton Ave. to visit a minor resident, you must walk upstairs on the east side of the building (facing the parking deck). Check in with JTDC staff at a front desk; tell the JTDC staff member the name of the resident you are there to see. If there is any confusion as to who you are because you are not on the resident’s visitors list, tell the staff member that you were called by another member of the JTDC staff or by the Public Defender’s office.
A supervisor will approve your visit. Request a private room for your meeting with the resident, if one is available. You should advise the minor of their rights as a custodial suspect and help the minor invoke their rights to remain silent and to assistance of counsel. Complete the DOR and serve it on a member of the Chicago Police Department who has responded to the JTDC. If CPD has not yet arrived, you should wait a reasonable amount of time to see them (call the supervising FDLA staff attorney to determine what is reasonable). The JTDC staff may bring officers back to the room where you are meeting with your client. Have the minor invoke their rights in front of the police. If it is impossible for you to see a member of the CPD at the JTDC, call the supervising staff attorney. You will decide whether it is appropriate to leave a copy of the DOR with JTDC staff or whether you should proceed to the police station to serve it there.
Revised February 2017
14
GENERAL SHIFT PROCEDURE
First Defense Legal Aid (FDLA) maintains a 24-hour Chicago Police Custody Hotline: 1-800-LAW-REP4 (800- 529-7374). During business hours, FDLA staff team members often answer the hotline. The staff team members collect the caller’s name and phone number and the arrestee’s name, D.O.B., and location (if known). This information is relayed to the on-call hotline volunteer who is responsible for calling the caller back. The staff team member also emails the information to the supervising staff attorney. On nights and some weekends, FDLA contracts an answering service to answer the hotline. The operators receive the same information and patch the call to the on-call hotline volunteer. In addition, you may receive calls from FDLA staff handing over a call in progress.
RECEIVING CALLS FROM FDLA’S TWENTY-FOUR HOUR HOTLINE
Calls regarding all arrestees in Chicago and all juvenile arrestees in suburban Cook County are patched to volunteers’ preferred phone numbers so there is no requirement that volunteers come to an FDLA office during their shifts. Your personal phone number will only be shared with FDLA staff and the answering service. Volunteers may, within reason, attend to their personal business during shifts as long as they have access to a reliable vehicle and remain immediately available to answer calls and visit CPD (and in some cases suburban Cook County) stations. Time is always a critical factor, particularly in felony investigations. A delay of as little as an hour can seriously impact FDLA’s ability to help a person held by detectives in a coercive environment.
Occasionally, volunteers miss calls. If you miss a call simply because you were not able to answer your phone in time, please call the hotline back and identify yourself as the on-call hotline volunteer. Next, obtain all information left by the caller. Then, ask if the call has been patched through to any other FDLA members on call. If it has been patched through to another attorney, please get that attorney’s name and contact your supervising attorney to determine who will be handling that call. If you miss a call, or multiple calls, because you were with another client, please contact your supervising attorney to find out if those calls have been handled, or if they still need to be addressed.
The vast majority of FDLA calls have been from family members or friends of people in custody. More often than not, the caller has valuable information regarding how the person was taken into custody and what the investigation may be about. You always want to talk to the caller to get more information about the client and keep them in the loop during the investigation process.
WHAT IF THE CALLER IS ALSO THE POTENTIAL CLIENT?
In some cases, the client will call the hotline seeking their own representation. In these cases, the client may be in custody or otherwise not able to call you back so it is important to get as much information as possible while you have them on the phone. You should obtain the client’s name and date of birth; whether the client is currently under arrest; the client’s current location; and whether they were told they are just a witness (see more information on witnesses on page 28). If the client is not under arrest but is calling regarding a possible warrant or investigative alert, please see the procedure discussed on page 31. If the client is currently in Chicago police custody (or police custody in Cook County in the case of some juveniles), proceed to the place of custody after attempting to confirm the client’s location by following the procedure noted on page 22. Also, advise the client to not speak with anyone until you are present. Instruct them to tell the police, “I will not talk. I want my lawyer” then remain silent.
Revised February 2017
15
WHAT IF I GET A CALL THAT HAS NOTHING TO DO WITH FDLA?
The FDLA phone system is designed to screen out calls having nothing to do with FDLA’s services and to connect people calling about civil legal issues to CARPLS, Cook County’s Legal Assistance Hotline, and refer people looking for the Public Defender’s office for trial counsel to that number. However, if you get a call regarding issues other than someone being held by Chicago Police Department or a juvenile held by any police department within Cook County, please collect the caller’s contact information and email the supervising staff attorney and [email protected] to request a referral. Staff will return the call with referrals as soon as possible.
1. Calls regarding someone who is currently on house arrest or being held at Cook County Jail; caller wants to reach the assistant public defender handling the case.
Sometimes it is not clear initially whether a client is under investigation in police custody or has been charged and transferred to the Cook County Sheriff’s custody. In this case, FDLA staff team members and operators are instructed to pass the call to the on-call hotline volunteer. Once you determine that a call is not about someone in CPD custody, nor a juvenile in police custody in suburban Cook County who may be under investigation for a homicide or sex crime that may have happened before they were 15 years old, please explain that First Defense Legal Aid is not part of the Public Defender’s office and does not represent people in court. If the case is in Chicago, refer the caller to the following numbers for the Public Defender’s office: (773) 674-3217 (felonies); (312) 603-8300 (traffic & misdemeanors). If the case is in a suburban district of the Cook County Circuit Court, refer the caller to the main number for the Public Defender’s office: (312) 603-0600.
If the person wants to hire a private attorney, please email a message including the caller’s name and phone number to the supervising staff attorney and [email protected]. FDLA staff will return the call as soon as possible.
2. Calls regarding a person who is being held at a local hospital for a 48-hour psychiatric hold or who has been involuntarily committed to a mental health facility.
FDLA sometimes receives calls from people who were involuntarily committed to a mental health facility or who are being held at hospitals under 48-hour psychiatric hold. In these cases, the caller is in the psychiatric ward of the hospital, not under police guard, and has demanded but has been refused release. While this is not considered a hotline call where FDLA would provide assistance, the operator might contact you because the person is calling from a hospital.
In this situation, you should ONLY provide the information below; provide no specific legal advice on the person’s case; and refer the caller to the Guardianship and Advocacy Commission. This organization can be reached Monday through Friday, between 9 a.m. and 5 p.m. at (312) 793-5900, or toll free at (866) 274-8023.
3. Other calls.
If you get a call that you are not sure how to handle, get the caller’s name and phone number and contact the supervising staff attorney for advice. Referrals to other legal and social services are available. Always be clear about what we do and invite the caller to use us when we can help someone in Chicago police custody, or with some juveniles in police custody anywhere in Cook County. The rapport you build even in giving a referral can help spread the word about what we do.
Revised February 2017
16
FDLA FORMS
FDLA paperwork on a client who is charged is forwarded to the client’s defense lawyer and could potentially be introduced as evidence. Your paperwork may be used in court proceedings. Please keep this in mind when completing paperwork.
CALL SHEET
Completing a call sheet is one of the most important steps in the First Defense process, because it allows FDLA to track data and transfer valuable information to trial counsel for the client’s defense and/or potential civil suit. Therefore, a call sheet should be completed for every call received by the hotline volunteer. Although we encourage volunteers to bring the call sheet with them to the police station as a reminder to get all of the relevant information, the final version submitted to FDLA must be typed. The fillable PDF is available on the “Dashboard” page of Humanity entitled “Call Sheet 2017” (See the sample call sheet in Appendix N).
On the first page, the volunteer should note the following information:
In the upper right-hand corner:
The date the call comes in;
The time it is received; and
Whether a station visit is conducted (not whether or not you had access to the client).
NOTE: If a station visit is conducted, please also fill in the time you arrive at the station and the time you are able to access the client.
For the next section, always double-check the following with the caller:
The caller’s name, phone number, and relation to the client;
The client’s name and date of birth;
NOTE: An error in this information can lead to difficulty locating the client in police custody. The client’s phone number and address can always be obtained from the client during the station visit, if the caller does not have this information.
Accurate demographic information is very important, but do not fill out this section if:
A station visit is not conducted
It would be inappropriate to ask for any of this information
On the right side of the page, check the appropriate box indicating any potential police misconduct. If there is not a box that corresponds to the issue your client has faced, please describe the misconduct in the time log on the subsequent pages.
In the final section on the first page of the call sheet, please track:
Any special circumstances your client might have, such as:
o Being a juvenile
Revised February 2017
17
o Disabilities, or
o A need for medical attention
As much information about the arrest as you are able to obtain, such as:
o Location of arrest
o Time of arrest
o Arresting officer(s)
o The charge information, or the latest info you were given, if your shift ends before the client is charged
The other pages of the call sheet are the log on which you should record every conversation you had, relevant observations you made, and every event that occurred from the time the hotline call was received to the time your client was released, transferred out of police custody, or your shift ended.
This table is broken up into the following sections:
“Date/Time” Section: only include the date the event occurred and the time it occurred. “Contact” Section: only include information about the person involved or contacted.
e.g.: If you arrive at the 5th District at 10:00pm and speak with Sgt. Harris, this box should say “5th District, Sgt. Harris” and their star number.
Nature of conversation/remarks section: All details of the event should be documented. Please be as specific as possible.
e.g.: “I informed Sgt. Harris star #000 I am an attorney here to see my client. Sgt. told me that my client was being processed and should be available in fifteen minutes.”
DECLARATION OF RIGHTS FORM (DOR)
The DOR establishes that you are representing the client for FDLA and that the client wishes to exercise their constitutional rights to remain silent and to counsel (See the sample DOR in Appendix O). It should be filled out as follows:
The top right corner of the DOR provides a space for the RD Number (the Records Division number). Please obtain this from the desk sergeant or detective, while you are at the police station. If the officer refuses, or if there is no RD Number, then write “refused” or “none” in the space provided for the number.
Immediately below this space, the first large box is found. If you are at a Chicago police district station or area headquarters, fill out the appropriate name. If you are outside of Chicago representing a juvenile through the pilot program, fill out the appropriate suburban Cook County police station in the space after “Other.” In order to verify the client’s name and date of birth, wait until you are speaking to the client before filling out that information in the first box. Additionally, in this box there is a space for a time to be listed. The time noted should be the time you first gain access to the client.
Revised February 2017
18
In the second box of the DOR, fill out the client’s name where it says “Detainee” and your name and position in the appropriate spaces. There is also a space to list the police station where the client is being held. Finally, the last box at the bottom of the DOR should include the officer’s name and badge number to whom you serve the DOR. The time noted in the box at the bottom of the DOR should be the time the completed DOR is handed over to the appropriate police officer.
A DOR FORM SHOULD BE COMPLETED DURING EVERY CLIENT VISIT, PROVIDED THE CLIENT ASSENTS.
PRACTICE TIP: IT IS NOT NECESSARY FOR AN OFFICER TO SIGN THE DOR, BUT IT IS IMPERATIVE THAT YOU ASK. IF YOU ASK AND THE OFFICER OR DETECTIVE REFUSES, FILL IN THE OFFICER’S NAME AND STAR NUMBER IN THE APPROPRIATE SPACES AND PRINT “REFUSED” ON THE OFFICER’S SIGNATURE LINE.
IF YOU ARE SEPARATED FROM YOUR CLIENT BY GLASS AND THEY AGREE TO THE DOR, WRITE THEIR NAME ON THE “DETAINEE” LINE AND NOTE THAT THEY COULD NOT SIGN BECAUSE OF THE GLASS.
IF THE DETECTIVE OR OFFICER REFUSES TO ACCEPT A COPY OF THE DOR, ASK THAT THE CLIENT BE RE- MIRANDIZED AND PERMITTED TO ASSERT THEIR RIGHTS ORALLY IN YOUR PRESENCE. IF THAT REQUEST IS DENIED, DOCUMENT THE DENIAL.
INJURY LOG
The injury log contains important details regarding any allegation of injuries suffered while in police custody, or otherwise related to the case, as well as any treatment received (See the sample injury log in Appendix P).
AN INJURY LOG SHOULD BE COMPLETED DURING ANY CLIENT VISIT WHERE THE CLIENT REPORTS INJURY.
Log all injuries that the client reports, regardless of whether they are visible. If you cannot see a particular injury, please do not write that you do not see it; just that the client reports the injury.
711 CONSENT FORM
If you are licensed under Illinois Supreme Court Rule 711, you must alert the client of your status and get their consent before the interview begins. The 711 Consent form indicates that you have not taken the bar exam yet, but are temporarily licensed by the Illinois Supreme Court and supervised by a licensed attorney. Have the client sign the consent form before proceeding with the interview (See the sample 711 Consent form in Appendix Q).
TURNING IN PAPERWORK
Please call or email the supervising staff attorney as soon as possible to update them of any station visits you have made. If there is a client who is still in custody, the supervising staff attorney needs to receive that information so they can follow-up with the police station and the client’s family about the client’s status.
In addition, all client paperwork must be emailed to the supervising staff attorney and [email protected] within 24 hours after the end of your shift. Finally, mail all original paperwork to First Defense Legal Aid, 5100 W. Harrison, Chicago, Illinois, 60644.
Revised February 2017
19
WHEN MULTIPLE CALLS ARE RECEIVED AT THE SAME TIME
Using the following guidelines, the hotline volunteer should take each call from the operator, prioritize the calls and make station visits in that order. Lower priority calls should be briefly assessed when received and then handled once more urgent calls have been concluded. If all of the station visits cannot be made within an hour do to their geography, the supervising attorney will help.
1st Priority Felony investigation, juvenile or adult (if more than one felony investigation, try to attend to the more serious charge first)
2nd Priority Juvenile in custody, misdemeanor investigation
3rd Priority Adult or juvenile, already charged, and injured in custody or not receiving medical evaluation or treatment
4th Priority Adult in custody, misdemeanor investigation, adult or juvenile, already charged
5th Priority Adult or juvenile sought by police
WE HAVE YOUR BACK
A supervising staff attorney is assigned for each shift and can be reached directly. One of the staff attorneys will be your supervisor during your shift. The supervising staff attorney will contact you before your shift begins. If you cannot reach the supervising staff attorney, please call the program coordinator. If the program coordinator is not reachable, please call the program manager. If the program manager is not available, please call the executive director. The staff contact information can be found inside the front cover of this manual. It is appropriate to call the supervising staff attorney if you have any questions or concerns at any time during your shift. Common instances where you would need to contact the supervising staff attorney include:
Your car breaks down and you can’t make it to the station in a timely fashion;
You have multiple calls and cannot respond to the police station on all calls within an hour;
You have a question about FDLA procedure;
You are not sure what to do at the station;
You receive calls to represent co-defendants (two or more people who are custodial suspects being investigated for the same crime);
You need to relay the status of a client who is still under investigation.
ITEMS NEEDED FOR STATION VISITS
1. Pens and call sheet or note pad – officers will not provide. Please note that call sheets should be typed before turning them in to ensure legibility.
2. Watch – it is imperative to document the precise time of phone calls, your arrival at the station, conversations, observations, and your client’s assertion of rights.
Revised February 2017
20
3. FDLA forms – make sure that you have enough copies of the necessary forms: DOR forms, call sheets, and injury logs, as well as 711 consent forms if applicable. Call sheets are emailed in a PDF document at the beginning of the shift. All of these forms except DORs are available for download at Humanity.com. If you need more DORs, please contact the supervising staff attorney or the program manager.
4. Your IARDC bar card or 711 license and a state photo ID (a Cook County Sheriff’s ID also works if you have one). You will be denied access without these forms of identification.
5. FDLA wallet cards
6. Cellular phone – You should have your phone available. Leave your phone in your car when you arrive at a police station. Under no circumstances should you bring your phone into a police interview room, or allow your client to use your phone. If you do have your phone, notify the officer that you have your cell phone. The only thing you need in the interview room is a legal pad, pen, and FDLA forms. If you miss a call during the visit, the phone systems will connect the caller to the supervising staff attorney, who will cover for you until you are available.
7. All materials distributed during orientation: These materials include everything you will need for most station visits. You may need to refer to the hotline manual for detailed instructions on procedure for specific issues. The entire hotline volunteer manual can be accessed electronically on the Humanity website. You can also print out a copy from there. Finally, the supervising attorney will always be available to answer questions.
AS A DIGITAL CAMERA COULD BE CONSTRUED AS ELECTRONIC EQUIPMENT, AND THEREFORE CONTRABAND, PURSUANT TO 720 ILCS 5/31A-1.1(C)(2)(XI), YOU SHOULD NOT BRING A DIGITAL CAMERA, CELL PHONE, OR OTHER ELECTRONIC EQUIPMENT INTO THE LOCK UP OR INTERVIEW ROOM WITHOUT WRITTEN PERMISSION FROM THE POLICE, WHICH YOU WILL NOT OBTAIN.
Please read the statute in Appendix R closely and note that it is a felony to possess any of the items listed under subsection (c) (2) in a place used to hold in custody persons under arrest for an offense.
FDLA PROCEDURE WHEN A CALL IS RECEIVED
STEP 1 - RECORD INFORMATION
Record the following basic client information:
1. Caller’s name, phone number, and relationship to the person in custody
2. Client’s name and date of birth or approximate age
Revised February 2017
21
3. The time and place of arrest
4. Where the arrestee is being held, if known.
The FDLA staff team member or answering service operator will have recorded much of this information. Be careful to check its accuracy with the caller – operators make mistakes. You should take all of this information down so you can complete the call sheet electronically later.
STEP 2 - SPEAK TO THE CALLER
Once the FDLA staff team member or answering service operator has provided the information received from the caller, you must speak to the caller yourself to receive more information. If you receive a call from the FDLA staff member, you will need to call the caller back unless the caller is someone held at a police station. In that case, you will most likely not be able to call the client back at the police station. You will receive the client’s name and date of birth from the FDLA staff member and locate the client to conduct a station visit.
If you receive a call from the answering service, you can be patched directly to the caller. Note any information they have regarding the circumstances of the arrest or the details of the legal issue. Be sure to record the caller’s phone number so you can update them throughout the process. If the caller is someone held at the police station then follow the procedure explained on page 15.
STEP 3 - LOCATE THE CLIENT
Call the district, area headquarters, or Cook County suburban police station where you believe the client is located. Give the client’s name and ask if the client is in custody. The location of the client can often be obtained from the caller. The caller may know the station the client was taken to or the location where the client was arrested. Custodial suspects are normally taken to the station closest to where the arrest occurred unless they are being investigated for a felony. Generally, clients under felony investigation by the CPD are held at the area headquarters in the region where the arrest occurred. If you believe that the client was arrested for a felony, it is appropriate to contact the area headquarters in the region where the arrest occurred. You can locate the client by calling the district closest to the location where the arrest occurred but the detectives at the area headquarters generally lead felony investigations
If your client was arrested very recently (within the last hour) they may not be in the computer system (“the queue,” in CPD lingo). Inform the officer that your client was arrested a short time ago and ask them to page the processing area. Often, clients are with the arresting officers in the processing area of the station where the administrative portion of the arrest is completed.
If you are able to locate the client, ask whether the client has already been charged or whether the client is being held for a felony investigation. For juvenile clients being held in suburban Cook County, ask whether the investigation involves a murder or a sex crime. On the call sheet, record the name and star number of the officer you speak with (usually a desk sergeant) and any comments made by the officer (See the district maps and contact information on pages 36-37).
PRACTICE TIP: CONFIRM THAT THE CLIENT IS CHARGED, AND NOT MERELY UNDER ARREST. IF POSSIBLE, VERIFY THE CHARGE. SOME OFFICERS WILL NOT PROVIDE THIS INFORMATION BUT CAN USUALLY BE CAJOLED INTO DISCLOSING WHETHER THE CHARGE IS A FELONY OR MISDEMEANOR BY ASKING THE OFFICER IF THE CLIENT WILL BE RELEASED FROM THE STATION OR TAKEN TO BOND COURT AT 26TH AND CALIFORNIA.
Revised February 2017
22
MISDEMEANORS, EXCEPT FOR DOMESTIC VIOLENCE, USUALLY RESULT IN AN I-BOND OR A SIGNATURE BOND; ALL FELONY CHARGES REQUIRE A BOND HEARING, USUALLY AT 26TH AND CALIFORNIA.
I-BONDS ARE NOT ISSUED AT THE STATION FOR “VERIFIED GANG MEMBERS” CHARGED WITH MISDEMEANORS (SEE CPD GENERAL ORDER C10-01 GANG VIOLENCE REDUCTION STRATEGY VIII F IN APPENDIX C). STILL MAKE THE STATION VISIT. THERE IS NO CLEAR PROCESS FOR VERIFYING SOMEONE AS A GANG MEMBER AND THEY MAY BE SUBJECT TO AN ONGOING INVESTIGATION WHILE IN CUSTODY.
NORMALLY A CLIENT WILL HAVE ONE OF THESE TWO RESULTS ONCE FINGERPRINTS CLEAR AND IT IS DETERMINED THAT THERE ARE NO OUTSTANDING WARRANTS FOR THE CLIENT’S ARREST.
IF THE OFFICER TELLS YOU THAT THE CLIENT HAS A HOLD FROM DETE CTIVES, ASSUME THE CLIENT IS STILL UNDER AN ACTIVE FELONY INVESTIGATION.
IF YOU CANNOT LOCATE THE CLIENT
Call the police station or other place of detention where you believe the client is being held. If the caller cannot tell you what station is close to the place of arrest, you should Google police stations that are close by and call them and the corresponding area headquarters and call Central Booking at (312) 745-5202. If the caller is the client, the client may not know the name of the police station but will likely know the side streets. You should go to the station they say they are at even if police do not confirm they are there over the phone.
Be prepared with the correct spelling of the client’s full name as well as their date of birth. Central Booking can tell you if the client is in custody within Cook County, when they were arrested, and at which station the person was booked. Sometimes Central Booking will be able to tell if the person has been charged and sent to bond court.
If Central Booking does not have this information, you should consider that your client might be held by a special unit at one of the locations below. If the caller has reason to believe they know where the client was taken to, you may head to that station if no department members have been able to confirm their whereabouts.
You may also search for police stations in Cook County close to an address in Google. For clients in CPD custody, you can check the Chicago Police Department website: https://portal.chicagopolice.org/portal/page/portal/ClearPath/Communities/Districts
If the client is not in custody at any stations near the place of arrest and is not showing up in the system through Central Booking, call individual units. If the client is supposedly in custody in Chicago, call all area headquarters.
PRACTICE TIP: WHEN YOU CALL A DISTRICT, THE DESK SERGEANT WILL BE ABLE TO TELL YOU IF YOUR CLIENT IS IN THAT DISTRICT’S PROCESSING AREA OR LOCK-UP. THE DISTRICT LOCK-UPS ARE USED FOR PEOPLE WHO HAVE BEEN CHARGED AND ARE WAITING TO I-BOND OUT OR GO TO BOND COURT. IF YOU SUSPECT THAT YOUR CLIENT IS UNDER FELONY INVESTIGATION, THE CLIENT WILL LIKELY BE WITH THE DETECTIVES IN AN AREA INTERVIEW ROOM AND THE DESK SERGEANT MAY NOT KNOW WHO THE DETECTIVES HAVE IN CUSTODY. SO, IF YOU CAN’T FIND YOUR CLIENT AT THE DISTRICT, YOU SHOULD ALWAYS TRY THE AREA NEXT. AFTER THE INITIAL FELONY INVESTIGATION IS COMPLETE, IF THE PERSON INVOKES AND WILL NOT TALK TO THE DETECTIVES, IF THE DETECTIVE HEADING THE INVESTIGATION IS NOT THERE, IF CHARGES HAVE BEEN FILED, OR IF THE INVESTIGATING DETECTIVES GO OFF DUTY, THEY MAY MOVE YOUR FELONY CLIENT FROM THE AREA INTERVIEW ROOM TO THE DISTRICT LOCK-UP.
Revised February 2017
23
OTHER POSSIBILITIES
SPECIAL UNITS Sometimes, if a client is arrested by a special unit in Chicago they are taken to Homan Square (in the old Sears building at 3340 W. Fillmore) before they are booked. If the alleged crime involves one of these departments, call to see if the client is being held there. Your best bet is to try the Organized Crimes 24-Hour Desk at (312) 746-7510, but see page 44 for a complete list of special units.
THE JUVENILE INTERVENTION AND SUPPORT CENTER (J.I.S.C.) If the client is a juvenile being held in Chicago, they may be detained at the JISC. The JISC is located at 3900 S. California Avenue and provides police and social service intervention services for police Districts 2, 7, 8, 9, 10, and 21. The JISC processes all juvenile arrests in these districts except for incidents involving: death or great bodily harm; shots fired at or by the police; the possession or use of a firearm; any sex offense; traffic citations; or charges requiring the juvenile to be processed as an adult. In addition, all juveniles arrested for a warrant in these districts will be processed at the JISC. The phone number for the JISC is (312) 747-3934.
HOSPITALS FDLA sometimes receives calls regarding individuals who are in police custody, but have been taken to hospitals for treatment before they are booked. If there are allegations of police misconduct or brutality, or that an injury occurred during or shortly before the arrest, the client may have been taken to a local hospital. Call the district and ask which hospitals they take injured clients to. For juvenile clients in suburban Cook County, check the hospitals close by the police station. (For a list of CPD’s approved medical facilities see Appendix T)
Call the hospital emergency room, identify yourself as the client’s legal representation, and verify they are being treated there and are guarded by Chicago police. Then proceed to the hospital and do a station visit at the hospital. If your transportation time is more than half an hour, call while on the way to make sure they have not yet been transferred to the police station. If they have, go to the police station instead to do a visit.
SCHOOLS Sometimes our clients are interviewed by police officers inside schools. If the caller indicates that police came to a school in Cook County, call the school to locate the student. If the student is being investigated by police at the school, conduct a visit at the school. Normally, juvenile clients are taken from school to the closest police station. In order to locate the client, Google the station closest to the school and call the station to confirm that the client is in that station’s custody. You can also try to locate the client through Central Booking.
ALIASES Sometimes our clients are booked under aliases. If you believe this may be the case, call the family member or friend and request one or two aliases the client may have used. Call the police station and Central Booking with any alternative names.
CENTRAL DETENTION Clients are taken here if they have warrants, usually from another state. The phone number for Central Detention is (312) 745-4460.
Revised February 2017
24
FEDERAL CUSTODY If you cannot locate a client, it could be that they are in federal custody. To contact the U.S. Marshals call (312) 353-4978. If a client is in federal custody, refer the caller to the Federal Defender’s office at (312) 621-8300.
IF YOU STILL CANNOT LOCATE THE CLIENT
If you cannot locate the client within a short time span (1 hour), it may be necessary to go to the station to make sure that no interrogation is taking place.
If you are certain the client is at a particular police station, ask to speak to the desk sergeant. Ask the sergeant to check the queue to be sure the client is not in lock-up, in the tactical team office, with an outside unit, or with the detectives at an area headquarters. If the police continue to deny the client is there but you think it’s likely they are being held there, make a station visit.
PRACTICE TIP: SOMETIMES, A CLIENT MAY BE AT A POLICE STATION, BEING PROCESSED BY THE ARRESTING OFFICERS, BUT NOT YET FORMALLY BOOKED INTO THE DISTRICT LOCK-UP. IF YOU ARE CONFIDENT THAT YOUR CLIENT IS AT A PARTICULAR DISTRICT, BUT THE SERGEANT SAYS THEY ARE NOT, GO TO THE STATION. THE DESK SERGEANT WILL USUALLY LOCATE YOUR CLIENT UNDER THESE CIRCUMSTANCES IF YOU SHOW UP IN PERSON.
If you have tried all of the above and you still cannot locate the client, contact the caller and explain that we will call Central Booking over the next few hours and call them back with updates on the location of the client.
PRACTICE TIP: SOMETIMES, INDIVIDUALS ARE ACTUALLY LOCATED AT POLICE STATIONS AND THE OFFICERS REFUSE TO GIVE US THAT INFORMATION. HOWEVER, THERE MAY BE ANOTHER EXPLANATION FOR NOT BEING ABLE TO LOCATE A CLIENT. IN MAKING THIS JUDGMENT CALL, IT IS IMPORTANT TO CONSIDER THE SITUATION. IF THE FAMILY MEMBERS BELIEVE A CLIENT IS AT A PARTICULAR STATION ONLY BECAUSE THEY LIVE IN THAT DISTRICT, THIS IS GENERALLY NOT ENOUGH INFORMATION TO WARRANT A STATION VISIT OR AN ACCUSATORY CONFRONTATION WITH THE POLICE. IF THERE ARE OTHER FACTORS, SUCH AS A PHONE CALL RECEIVED FROM THE CLIENT WITH INFORMATION ON WHERE THEY ARE BEING HELD, ALLEGATIONS OF VIOLENCE AGAINST OR BY A POLICE OFFICER, A HISTORY OF RECENT INVESTIGATION OR HARASSMENT BY THE POLICE, A PARTICULARLY HIGH-PROFILE CRIME, OR CONFLICTING INFORMATION FROM DIFFERENT POLICE OFFICERS REGARDING THE CLIENT’S WHEREABOUTS, PROCEED TO THE STATION. PLEASE NOTE THAT SOME STATIONS DO NOT HAVE A FEMALE LOCK-UP SO FEMALE CUSTODIAL SUSPECTS MAY BE TRANSFERRED TO ANOTHER STATION WITH A FEMALE LOCK-UP AFTER AN INVESTIGATION AT A PARTICULAR STATION (SEE PAGE 38 FOR A LIST OF POLICE STATIONS WITH HOLDING FACILITIES FOR FEMALE ARRESTEES).
IF YOU ARE IN DOUBT ABOUT WHETHER TO MAKE A STATION VISIT, CALL THE SUPERVISING STAFF ATTORNEY.
CLIENT LOCATION CHECKLIST FOR CLIENTS IN CPD CUSTODY
1. CALL THE DISTRICT WHERE THE CALLER BELIEVES THE CLIENT IS BEING HELD (OR THE DISTRICT CLOSEST TO THE ADDRESS OF THE ARREST) AND THE COORESPONDING AREA (EACH UNIT) 2. CALL CENTRAL BOOKING – (312) 745-5202
Revised February 2017
25
3. CALL THE 24-HOUR DESK AT HOMAN SQUARE – (312) 746-7510
4. CALL CENTRAL DETENTION – (312) 745-4460
5. CALL DISTRICTS NEAR THE ORIGINAL DISTRICT AND OTHER AREA HEADQUARTERS
6. CALL EMERGENCY ROOMS NEAR THE ORIGINAL DISTRICT
7. IF THE CLIENT IS A JUVENILE ARRESTED IN 002, 007, 008, 009, 010, OR 021, CALL THE JUVENILE INTERVENTION AND SUPPORT CENTER (JISC) – (312) 747-3934
8. CALL U.S. MARSHALS TO SEE IF CLIENT IN FEDERAL CUSTODY 9. IF ALL ELSE FAILS, CALL THE SUPERVISING STAFF ATTORNEY
CLIENT LOCATION CHECKLIST FOR JUVENILE CLIENTS IN SUBURBAN COOK COUNTY
1. CALL THE POLICE STATION WHERE THE CALLER BELIEVES THE CLIENT IS BEING HELD (OR THE DISTRICT CLOSEST TO THE ADDRESS OF THE ARREST)
2. CALL CENTRAL BOOKING – (312) 745-5202
3. CALL CENTRAL DETENTION – (312) 745-4460
4. CALL POLICE STATIONS NEAR THE ORIGINAL POLICE STATION
5. CALL EMERGENCY ROOMS NEAR THE ORIGINAL DISTRICT
6. CALL U.S. MARSHALS TO SEE IF CLIENT IS IN FEDERAL CUSTODY
7. IF ALL ELSE FAILS, CALL THE SUPERVISING STAFF ATTORNEY
STEP 4 - DETERMINE CALL PRIORITY
ALL CLIENTS IN POLICE CUSTODY REQUIRE A STATION VISIT
Generally, if a client is in Chicago police custody, a station visit is necessary, and if a juvenile is in police custody anywhere in Cook County potentially under investigation for a homicide or sex crime that may have occurred before they turned 15 years old, a station visit is necessary. One of the guiding principles in FDLA hotline procedure is if you have any doubt as to what is being investigated or the risk of police misconduct, make a station visit. The doubt that compels a station visit for every client (barring all of our on-calls being occupied with higher-priority calls) is triggered by several instances: 1) little to no information given to the hotline volunteer over the phone; 2) patterns of CPD arrests for misdemeanor or ordinance violation resulting in interrogations for more serious crimes; and 3) the potential of harm to the custodial suspect.
Station visits allow hotline volunteers to verify the condition of the custodial suspect. For example, a client may be experiencing a mental or other health crisis, accused of being a verified gang member, not afforded a phone call within a reasonable amount of time, or subject to other rights violations. We must be present in the stations to prevent and watchdog potential procedural injustice as much as possible.
Revised February 2017
26
ADULTS IN CHICAGO POLICE CUSTODY UNDER FELONY INVESTIGATION If a person is “taken in for questioning,” held at any of the Area Headquarters, kept in a district lock-up with a “hold” by detectives, or picked up or held by a “stop order” or “investigative alert” from a detective, the hotline volunteer should assume that there is a pending felony investigation and should prioritize this call and visit the client.
IF YOU HAVE ANY DOUBT AS TO WHAT IS BEING INVESTIGATED, CONSIDER IT A FELONY INVESTIGATION!
JUVENILES (17 OR UNDER) Given the many documented coerced confessions obtained from juveniles held without access to counsel, it is imperative that the hotline volunteers prioritize going to the police station for any custodial situation involving a minor, including those types of calls resulting only in a station adjustment. The purpose is threefold:
The hotline volunteer can help ensure the physical safety of the juvenile and advocate diversion; The volunteer can counsel the juvenile about the dangers of answering police and prosecutor questions; and The volunteer can explain to the parents/guardians what is happening once they are present at the police station.
While FDLA represents juveniles in police custody in suburban Cook County for sex crimes and homicides that may have allegedly happened before they turned 15, we may not be sure if the information regarding the investigation received from police is accurate. FDLA has seen several cases where a juvenile was allegedly picked up on a misdemeanor charge, only to be interrogated by detectives for an unrelated felony investigation. For this reason, FDLA will provide representation to juveniles in Cook County if there is a chance that the juvenile under 17 is under investigation for a homicide or sex crime.
A quick response to the station can eliminate this situation from developing and put all police and prosecutors on notice that counsel represents the juvenile. Juveniles have their own right to legal representation. Officers may try to deny juveniles access to counsel if the parent or legal guardian was not present. This is a denial of the juvenile’s constitutional right to counsel and is also against a CPD directive explaining that a parent’s absence does not preclude a visit from legal counsel (See CPD legal reminder G04-03 in Appendix L).
PRACTICE TIP: IF A JUVENILE IS IN CUSTODY AT ANY POLICE STATION IN COOK COUNTY, A STATION VISIT WILL BE NECESSARY IF THE CHILD IS HELD AT AN AREA HEADQUARTERS OR AREA YOUTH INVESTIGATIONS OFFICE IN CHICAGO. THE HOTLINE VOLUNTEER SHOULD ASSUME THAT THIS IS A FELONY INVESTIGATION. YOU SHOULD DO A STATION VISIT, AND TAKE ALL NECESSARY MEASURES TO ENSURE PROTECTION OF THE JUVENILE.
Revised February 2017
27
“WITNESSES” FDLA has seen many instances where detectives and felony review members of the State’s Attorney’s office characterize a detainee as a “witness” only to file charges against the detainee after a statement is given.
In Davis v City of Chicago, filed July 31 2007 a U.S. district court held that Chicago police officers must read a witness an advisory stating that they are free to leave the facility at any time. Section 6 of the settlement reads:
“The City of Chicago has implemented Detective Division Special Order No. 07-05, Treatment of Witnesses [...]. The Chicago Police Department may, in its discretion and in good faith, modify, amend, rescind or revise the Detective Division Special Order and/or Training Bulletin regarding the treatment of witnesses; however, such modification, amendment, rescission, or revision will not diminish the right of a witness to leave a police facility, including informing a witness under the circumstances outlined in Special Order 07-05 V D and VIII Note, of his or her right to leave a police facility, subject to a change in the governing law of police conduct pertaining to the right of a witness to be informed of his or her right to leave a police facility.” (See Appendix U for full case)
It is necessary to go to the police station even if the police categorize a particular person as a “witness.” If you are denied access to your client at the police station because the person in custody is described as a “witness,” ask the officer if the person in custody was read the Witness Advisory which states that the client is not a suspect and is free to leave. The officer will almost assuredly answer that the advisory was delivered.
Next, ask to see the client so you can make certain that the client is aware that they are not a suspect and are free to leave at any time. Finally, ask the officer to deliver a note to the witness telling the witness that you were at the station to represent them and that they are free to leave at any time. It is unlikely that you will be allowed to see the client or have a note delivered, but it is important to try (See “When Cops Ask Questions, State Law May Be Foil” from the Chicago Daily Law Bulletin in Appendix U).
MOST IMPORTANTLY, CAREFULLY DOCUMENT THIS CONVERSATION ON YOUR CALL SHEET AND BE SURE TO RECORD THE TIME OF THE CONVERSATION AND THE NAMES AND STAR NUMBERS OF ALL INDIVIDUALS YOU SPEAK WITH!
PRACTICE TIP: IF THE CALLER REPORTS THAT THE PERSON WAS SEEN BEING TAKEN AWAY IN HANDCUFFS OR OTHERWISE DID NOT FEEL FREE TO LEAVE, CONTACT THE DETECTIVE AREA SUPERVISOR TO ALERT THEM THAT YOU ARE COUNSEL AND YOUR CLIENT IS BEING DENIED ACCESS TO YOU.
POLICE ABUSE Potential police abuse also makes for a priority call. Regardless of whether the client has been charged, if there are allegations of police brutality, hotline volunteers should proceed to the police station to document the allegations and any visible injuries. Bruises heal quickly and therefore it is imperative that you visit the station and document the client’s injuries if at all possible.
As a digital camera could be construed as electronic equipment, and therefore contraband, pursuant to 720 ILCS 5/31A-1.1(c)(2)(xi) (See Appendix R), you should not bring a digital camera, camera phone, or other electronic equipment into the lock up without written permission from the police, which you will not obtain.
Instead, make a request of the detective that an evidence technician photograph your client. If that request is denied, be sure to document it. If there are visible injuries, it is essential that you call the supervising staff attorney immediately the following morning so we can make sure the Public Defender is aware of the situation at the client’s bond hearing. The Public Defender can obtain a court order permitting an investigator to enter
Revised February 2017
28
the jail and take photographs. If the client is injured and released, you should tell them to document the injury with photographs and a visit to the doctor as soon as possible.
Be sure to complete an injury log (Appendix P) to further document the injuries and to document any complaint of non-visible injuries.
Request that an evidence technician (ET) take photographs of your client’s injuries while you are at the police station. The hotline volunteer should also request to be present while these photographs are taken to ensure injuries are photographed. In Chicago, General Order G03-02-05 states that "A supervisor who has been notified of an incident as described in Item II-A of this directive will...request the assignment of an evidence technician to take photographs of subjects who have been involved in a use of force incident and are injured, allege injury, or when otherwise deemed appropriate by the supervisor," (See the full general order in Appendix E).
PRACTICE TIP: FDLA HAS DOCUMENTED MANY SITUATIONS WHERE AN ARRESTEE IS BEATEN BY POLICE AND THEN “INVESTIGATED” AND CHARGED WITH AGGRAVATED BATTERY OF A PEACE OFFICER.
TYPICAL QUESTIONS BY DETECTIVES AND MEMBERS OF THE STATE’S ATTORNEY’S OFFICE IN THESE INVESTIGATIONS FOCUS ON GETTING THE ARRESTEE TO ADMIT THAT THEY WERE RESISTING ARREST, INTERFERING WITH AN ARREST, OR PROVOKED THE INCIDENT IN SOME WAY.
NEVER ALLOW AN ARRESTEE TO BE INTERROGATED IN THIS SITUATION. ANY ADMISSIONS COULD BE THE BASIS FOR INCREASING THE BOND AMOUNT AND MAY HAVE A NEGATIVE EFFECT ON THE CLIENT’S ABILITY TO DEFEND THE CHARGE AND TO PURSUE CIVIL RIGHTS LI TIGATION. THE MEDICAL RECORDS, EVIDENCE TECH PHOTOS, AND HOTLINE VOLUNTEER DOCUMENTATION WILL SPEAK FOR THEMSELVES.
ADULTS BEING HELD FOR MISDEMEANORS AT A DISTRICT STATION Common misdemeanors and ordinance violations include DUI, any traffic-related offense, criminal trespass, criminal damage to property, disorderly conduct, tagging (graffiti), assault, simple battery, domestic violence, violation of probation, soliciting, prostitution, possession of cannabis over 10g (See Appendix S), mob action, loitering, and retail theft under $1,000, according to 720 ILCS 5/16-1. These are some of the charges most often levied on prime candidates for diversion. They are also commonly levied after “sweeps” and questionable stops, and where police discretion creates disproportionate minority contact and confinement.
This is your opportunity to advocate for a mentally ill client to be released for an impending doctor’s appointment as opposed to being charged with disorderly conduct, or a client to be ticketed instead of processed for the arrest for cannabis possession (See Appendix S), or even the officer’s decision not to oblige these alternatives, is unique to an FDLA hotline volunteer. No one else is in and out of Chicago police stations to negotiate for diversion or document police practices.
Absent concurrent higher-priority calls, make a station visit when the person has been charged with a misdemeanor or ordinance violation even if there is no explicit indication of police misconduct or that the person is being held for any kind of felony investigation. FDLA has documented reports that while clients were being processed for misdemeanors, they may have been subject to a felony investigation. All persons in custody are questioned about gang membership during processing. Even if the client is only being processed for a misdemeanor or ordinance violation, the visit is critical barring higher priority calls because of potential opportunities to: advocate diversion; document patterns in how police discretion is used; watchdog or prevent police misconduct including special protections for the most vulnerable arrestees (such as young, homeless,
Revised February 2017
29
and transgender individuals); reinforce our Know Your Rights education campaigns; answer questions; collect data to inform systemic reforms; and prevent some mental anguish of being held incommunicado.
Clients arrested for a misdemeanor may be in the dark about what to expect or have questions about their belongings and personal affairs such as children being picked up from daycare or school. Most people charged with misdemeanors and ordinance violations are given I-bonds once their fingerprints “clear” the police database, indicating no outstanding warrants. If the arrestee is charged with a misdemeanor, but will not be released within an hour, a station visit is necessary. If you have any doubt as to what is being investigated, consider it a felony and proceed accordingly.
I-bonds are not issued at the station for “verified gang members” charged with misdemeanors (See CPD General Order C10-01 Gang Violence Reduction Strategy VIII F in Appendix C). This can indicate an ongoing investigation or civil rights issue as non-gang members may be in CPD’s system as verified gang members. Conduct a station visit for these individuals as information on the gang violence reduction strategy, a DOR, and our other documentation can be vital.
An increase in calls for people in police custody who have mental illness is apparent. If the caller indicates mental or other health concerns, go to the station to advocate for their treatment if there is not a competing call regarding an open felony or juvenile investigation. For more information about call priority, please see page 26 above. When possible, CPD officers should alert the Crisis Intervention Team to come to the scene. You can advocate for the client to be taken to the Roseland Mental Health Triage Center (See Appendix T).
CPD General Order G02-01-03 Interactions with Transgender, Intersex, and Gender Nonconforming (TGIN) Individuals established protections for these individuals while in police custody (See the full general order in Appendix F). If the caller indicates that a person in custody is TGIN, conduct the station visit.
PERSON CHARGED AND NO INDICATION OF ONGOING INVESTIGATION When you confirm that a person is being held in custody by Chicago police or is a juvenile in custody at a police station in suburban Cook County and may be under investigation for a homicide or sex crime that allegedly occurred before they turned 15, ask the officer on the phone whether the arrestee has already been charged or whether the arrestee is still under investigation. If the client will not be transferred to bond court or released with an I-bond within an hour, a station visit is necessary.
If detectives are still holding the client, there is a “hold for investigation” or “lock” on the case, or a member of the State’s Attorney’s office is being contacted regarding charges, or the person has not been charged and the investigation is still ongoing, make the station visit a priority.
LOWER PRIORITY HOTLINE CALLS
All calls that come into the hotline will be attended to by hotline volunteer(s) or staff. If you receive multiple calls, attend to the higher priority call and contact the supervising staff attorney about the lower priority call. If you miss a call while attending to a client, the call will automatically be forwarded to FDLA staff. After you finish attending to the client, you should check in with the supervising staff attorney to confirm that the other call has been taken care of.
Revised February 2017
30
CALLER SEEKS LEGAL ADVICE If a person calls because they have been asked to go in for questioning, are considering turning themselves in, or believe there is a warrant for their arrest, take the following steps: (a) explain what the caller’s rights are if they are arrested, particularly how they can invoke their right to counsel and to remain silent and how CPD may not let them know that the hotline volunteer is at the station to represent them if they walked in of their own volition and are free to leave; (b) advise the caller to have family members and friends contact FLDA immediately if they are arrested by calling 1-800-529-7374; and (c) call the supervising staff attorney immediately to report the situation. Staff will follow up with the caller regarding potential next steps.
If the police are at the caller’s door, advise the caller that they do not have to let the police in unless the police have a valid warrant. Have the caller ask the police for the name and telephone number of the police officer that is looking for the caller and the district or Area from which the officer works. Call the supervising staff attorney with the caller’s name, phone number, and the caller’s circumstances.
If it is apparent that the caller is being arrested, advise them not to physically resist or answer any questions from police officers. The only statements they should make are: 1) “Am I free to leave?”; 2) “I do not consent to any search”; and 3) “I will not talk; I want my lawyer.” Proceed to the appropriate police station or place of detention to represent the client.
WARRANTS Station visits are required for people arrested on a warrant. These are generally warrants for traffic violation, failure to appear in court, violation of probation, or violation of electronic monitoring. The client could be at risk of being investigated on another felony matter, need medical attention, or be subject to constitutional violations while in custody.
PRACTICE TIP: LOCATE THE CLIENT AND VERIFY THAT HE OR SHE WAS PICKED UP ON A WARRANT. MAKE SURE THAT THE CLIENT IS NOT BEING TRANSPORTED TO ANY AREA HEADQUARTERS.
STEP 5 – THE STATION VISIT
When you have located the client, notify the caller that you are going to the police station to meet with the client; that you will not have your phone with you until after you complete the visit; and that you will update them after the visit. In addition, text or call your supervising staff attorney to inform them that you are conducting a station visit.
ARRIVE AT THE POLICE STATION
When you arrive at the station, announce your presence to the desk sergeant and ask to see your client. Document your arrival in your notes (See the “Know Your Players” describing the roles and uniforms of the personnel involved in the investigation process in Appendix V.)
If you encounter problems (i.e., waiting for more than 15 minutes or so, detective is unavailable, client is with a member of the State’s Attorney’s office), immediately ask to see the client and have the client told you are present. Document your request in your notes. If you are still denied access to the client, ask for the sergeant or watch commander.
You may be told by the sergeant or watch commander that the client is being processed and you can see them when they are in a secure area. While you should assert that your client is being denied access to counsel, do
Revised February 2017
31
not let your emotions exacerbate the situation. If you feel your client is being denied access to counsel, call the supervising staff attorney for assistance.
Some clients have been denied access to FDLA 711s on the grounds that they were not attorneys. In response, CPD amended their General Order regarding in custody communications to clarify the rights of clients to see 711s (To read the full order, see Appendix Y)
MEET WITH THE DETECTIVE OR DESK SERGEANT
If it is a felony investigation, ask the detective if they are looking for witnesses, planning on having a lineup, whether felony review has interviewed the client or been called, and the likelihood of charges. Inform the detective you are available for a lineup and leave an FDLA Card.
If it is a misdemeanor, verify the charges and bond information with the desk sergeant.
Document all conversations and observations in your notes.
MEET WITH THE CLIENT
It is important to build rapport with the client. Identify yourself as the legal representation their family or friends retained and specify the family member or friend with whom you spoke. Make clear you are their legal representation while they are in police custody and the only person with whom they should speak.
Assure your client that FDLA staff will be monitoring the investigation until the client leaves police custody. Advise the client of the possible 48-hour detention period (6-24 hours for juveniles, 72 hours for an adult with a judge’s extension). Explain the scope of FDLA's representation.
Explain that while your conversation is required to be confidential, you do not want the client to reveal any information related to the alleged offense since you are meeting at a police station.
Note what the client was told about the investigation and if a lineup is scheduled. Advise the client not to speak with the detectives or member of the State’s Attorney’s office. The only thing the client should say to the police or member of the State’s Attorney’s office is “I will not talk. I want my lawyer.”
Explain their Miranda rights and advise them to exercise these rights. Advise them of the numerous techniques detectives use to trick clients into talking. Again, the only thing the client should say to the police is “I will not talk. I want my lawyer” should questioning continue after you leave.
Ask how the client is being treated (have they eaten, had access to the bathroom, etc.). Note any medication the client requires and whether the client is being provided the medication.
Advise the client that they can and should request medical attention or medication if needed. If the client needs immediate medical attention or takes medication on a regular schedule, ask the desk sergeant or detective to take them to the hospital and document this conversation on the Call Sheet.
Document any injuries the client suffered during arrest or while in custody on the injury log (See Appendix P). Request that the evidence technician (ET) photograph the injuries.
Explain and have the client sign the declaration of rights (DOR) form. Please notice that the DOR form has an RD number. This is the arrest report or police report number; kindly request to have that number at the desk and note it on the DOR.
Revised February 2017
32
Gather any and all information requested on the call sheet. While the final call sheet must be typed before it is sent to the supervising staff attorney, hotline volunteers with less experience are encouraged to bring a hard copy of the call sheet to the police station so they can refer to it when interviewing the client. This will ensure that all of the necessary details are collected from the client. New volunteers can take notes on the hard copy and transcribe them on the final copy. Otherwise, notes can be taken on a note pad.
Clarify who you have consent to contact once you leave and what information they should be given.
SERVE THE DOR ON THE DETECTIVE OR DESK SERGEANT
Note on the call sheet how the officer reacts to the DOR and any comments made regarding the DOR. Leave a copy of the DOR and an FDLA card for the client, and a copy of the DOR for the police.
CLIENT MEDICAL TREATMENT AND MENTAL ILLNESS If a client is suicidal, procedures are in place to have them put on suicide watch. The hotline volunteer should speak with the desk sergeant and the lock-up custodian, explain that the client is suicidal, and make sure that the client is segregated and kept from harm.
Since no police station is equipped with medical personnel, all requests for medical attention require the police to transport the client to the nearest emergency room for evaluation and treatment. If there is no medical (including mental health) emergency or medicine needed but a mental health issue is present, police can take the client to the 24-hour triage center where they can be connected to resources and avoid a criminal charge.
If the client is in need of mental treatment, CPD is responsible for transporting the person to the health facilities listed in CPD special order S06-08 in Appendix T. Restraining devices are only to be used if necessary, (See S04-20-01 in Appendix Z), and CPD officers are prohibited from handcuffing a person to their wheelchair (See Appendix G). Sometimes, the client or the client’s loved one who called the hotline says the client is 1) experiencing a mental health crisis; 2) needing a dosage of mental health medicine (both requiring a hospital visit); or 3) having ongoing mental health issues (which could make diversion to the 24-hour triage center ideal). Explain treatment and diversion options to the client, if/why you think it would be beneficial to engage one, and get their consent to advocate this to the CPD. Record the name and star number of the desk sergeant, watch commander or detective who is informed of the client’s need for medical attention or qualification for diversion to the triage center.
If the client is calling from the police station and is complaining of serious physical injury or other urgent need for medical treatment or medicine, counsel them to immediately request medical attention from the lock-up custodian or nearest CPD member. Police often have an unwritten policy requiring the person in custody to request treatment before any treatment is provided (See CPD special order S03-06 in Appendix W and S06-08 in Appendix T). All requests for urgent medical treatment, dispensing of medication, and visits to a treatment facility (e.g., client is on dialysis or is receiving scheduled treatments) require evaluation at a local emergency room. If family/friends have medication for the client, they can take it to the emergency room. Police must take the client to the emergency room for each dose of medication. Speak directly with the desk sergeant or watch commander and insist on having the client evaluated or medication administered at a local emergency room. Most of them will respond well to a legal representative concerned about the welfare of an arrestee. Record the names and star numbers of the officers you speak with in your notes.
Once this information has been conveyed, the hotline volunteer should then proceed to the police station to meet with the client and document the abuse and/or injuries in the injury log form in Appendix P. If the client
Revised February 2017
33
is taken to a hospital, proceed to the emergency room. If the client is taken to the mental health and substance abuse triage center, they are no longer in police custody and our representation ends.
STEP 6 - UPDATE THE CALLER
After leaving the station or other place of detention, call the family/friends of the client and inform them of the situation. Encourage them to contact FDLA immediately if the police try to take anyone else to the station regarding the investigation and that someone else from FDLA will take over when your shift ends for follow up if they are still in police custody.
STEP 7 - COMPLETE PAPERWORK & NOTIFY FDLA OF THE V ISIT
Call or text the supervising staff attorney to notify them when you are en route to a police station or other place of detention. Within 24 hours after the end of your shift, complete the necessary paperwork and email it to the supervising staff attorney and [email protected]. If your client has not been charged, but is still in police custody, follow up throughout the remainder of your shift and notify the supervising staff attorney of the situation. Finally, mail all original DORs to the FDLA office.
FOLLOW-UP CALLS
FDLA helps ensure that the CPD follows its policy of charging and presenting in court or releasing adults in custody within a 48-hour period, as well as releasing juveniles within any applicable statutory time period. Therefore, FDLA staff checks up on clients who are still in custody, but had not yet been charged at the end of a previous shift.
If the 48-hour period (or 6-24 hour period for juveniles) will end during your shift, call the station about an hour before the period will toll, identify yourself as the attorney or 711 representing that person, and ask whether the client has been charged or released. If the individual has not been charged, point out that they have been in custody for XX hours and ask if and when they will be charged. This should result in more information, for example, that the police's and the family's time of arrest do not match, or that the client should be charged shortly. Document all conversations and call the supervising staff attorney . FDLA has a demand letter requesting the client’s release that can be faxed to felony review and the department, district or Area.
PRACTICE TIP: IF THE INVESTIGATION CANNOT BE CONCLUDED, OR CHARGES NOT APPROVED, WITHIN 48 HOURS, YOUR CLIENT SHOULD BE RELEASED. HOWEVER, THEY COULD BE RE-ARRESTED LATER IF MORE EVIDENCE IS DIS COVERED. ONE COMMON EXAMPLE: THE DETECTI VE NEEDS TO CONDUCT A LINE UP OR OTHER I DENTIFICATION PROCEDURE. CPD CANNOT FIND THE WITNESS OR BRING THE M TO THE STATION TO VIEW THE LINE UP. RESULT? CLIENT RELEASED, BUT COULD BE AR RESTED AGAIN AND BROUGHT IN FOR A LINE UP IF THE WITNESS IS LOCATED (SEE CPD SPECIAL ORDER S06-01 IN APPENDIX A)
TROUBLESHOOTING
If you ever have any questions anytime during your shift, do not hesitate to call your supervising staff attorney.
Revised February 2017
34
FILING AN IPRA COMPLAINT
If you experience problems with Chicago police officers or are denied access to your client, immediately file a complaint with the Independent Police Review Authority after receiving the client’s consent. In order to file the complaint, you will need to have the date, time, and description of the incident. The police officer can be identified by name, star number, or physical description.
Remember not to give out any information regarding your client’s arrest since that information can and will be used against your client in the criminal case. Explain to the IPRA operator that the facts of your client’s case are irrelevant for the purposes of your complaint. Note the Complaint Registration Number (CR#) in your notes.
Give your name, but use FDLA’s address, 5100 W. Harrison, Chicago, IL 60644, and phone number, (773) 354- 8581.
To file an IPRA complaint against a Chicago police officer:
Call (312) 746-3609 or (312) 746-3594; or Go to 1615 W. Chicago Ave, Chicago, IL 60622; or File online at www.iprachicago.org.
If you have questions about whether you should file a complaint or not, you may call the supervising staff attorney, or call the office the next morning to discuss what happened.
MEDIA COVERAGE
FDLA sometimes handles cases that receive media coverage. Your response to the press should always be, “no comment.” Please direct requests for further information to the FDLA executive director. FDLA will never release names of its hotline volunteers.
Also, please advise family members not to speak with the press. Although you cannot advise the family (who are not your clients) not to speak to the police, do advise them not to speak to anyone else. The “bigger” the case and the more press that is generated, the more likely felony review will be pressured to prosecute your client.
YOU SHOULD, HOWEVER, ADVISE FAMILY MEMBERS THAT THE POLICE MAY WANT TO INTERVIEW THEM ABOUT THE CASE. YOU MIGHT TELL THE FAMILY MEMBERS, “YOU CAN CHOOSE TO TALK TO THE POLICE OR NOT. YOU DO NOT HAVE TO TALK TO THEM. I CANNOT GIVE YOU SPECIFIC ADVICE BECAUSE I AM REPRESENTING YOUR FAMILY MEMBER, BUT YOU HAVE THE RIGHT TO TALK TO A LAWYER FIRST BEFORE YOU TALK TO THE POLICE. “
WHAT IF I DON’T SPEAK SPANISH?
If you receive a call to represent a client who does not speak English, ask the answering service to contact an interpreter. The interpreters are available to interpret over the telephone. For station visits, there is a list of Spanish phrases in Appendix X.
Revised February 2017
35
CPD AREA AND DISTRICT LOCATOR AND MAP
For the purposes of the Chicago Police Department, Chicago is divided into three Area Detective Divisions and twenty-three Bureau of Patrol Districts.
The districts are your neighborhood police stations. The beat officers and tactical teams work out of the districts.
The Area Detective Divisions are where the detectives work and where most felony investigations are conducted.
The North Area shares a building with the District 19 lock-up (not the District 19 station) at Belmont and Western. The Central Area shares a building with District 2 at 51st and Wentworth. The South Area shares a building with District 5 at 111th and Ellis.
Area North Central South
011, 014, 015, 016, 017, 019, 001, 002, 003, 008, 009, 010, 004, 005, 006, 007, 022
020, 024, 025 012, 013, 018 District
Revised February 2017
36
DESIG NATE
Revised February 2017
37
DESIGNATED HOLDING FACILITIES
The designated holding facility (lock-up where the person will be held until released without charge, I-Bonded and released, or shipped to bond court) for adult arrestees is based upon the district of arrest, the gender of the arrestee, and whether the arrestee requires wheelchair accessibility as follows:
District of Primary Holding Facility Wheelchair-Accessible Holding Facility Arrest Male Female Male Female 001 Central Detention Central Detention Central Detention Central Detention 002 002 002 002 002 003 003 002 003 002 004 004 005 004 002 005 005 005 006 002 006 006 005 006 002 007 007 002 007 002 008 008 002 008 002 009 009 Central Detention 009 Central Detention 010 010 011 010 011 011 011 011 011 011 012 Central Detention Central Detention Central Detention Central Detention 013 018 011 018 011 014 019 019 019 019 (Belmont & Western) (Belmont & Western) (Belmont & Western) (Belmont & Western) 015 015 025 015 025 016 016 025 016 025 017 016 019 016 019 (Belmont & Western) (Belmont & Western) 018 018 Central Detention 018 Central Detention 019 019 019 019 019 (Belmont & Western) (Belmont & Western) (Belmont & Western) (Belmont & Western) 020 020 019 020 019 (Belmont & Western) (Belmont & Western) 022 022 005 022 002 024 020 019 020 019 (Belmont & Western) (Belmont & Western) 025 025 025 025 025
Example: If your client is arrested in 014, investigation and arrest reports will be done at 014, and then they will be transported to the 019 lock-up, where they will be photographed, fingerprinted, and held in the lock-up until taken to bond court or given an I-Bond.
Note: Only the Area HQs and Central Detention have Female Holding Facilities.
Revised February 2017
38
CHICAGO POLICE DEPARTMENT, SUBURBAN COOK COUNTY LAW ENFORCEMENT AGENCY, AND COURT PHONE DIRECTORY
IF YOU ARE HAVING TROUBLE CONTACTING A DISTRICT, DIAL 311 AND HAVE THE OPERATOR CONNECT YOU DIRECTLY.
AREA NORTH (BELMONT & WESTERN)
NORTH DETECTIVE DIVISIONS
2452 W. Belmont Ave.
Violent Crimes Unit (312) 744-8261/8262
Special Victims Unit (312) 744-8266
Property Crimes (312) 744-8263
DISTRICT 19 LOCK-UP (LOCATED AT AREA NORTH)
District 19 Lock-up (312) 744-5983
DISTRICT 11 (HARRISON)
3151 W. Harrison
Desk Sergeant (312) 746-8386
Tactical Office (312) 746-6441
DISTRICT 14 (SHAKESPEARE) – NO LOCK-UP
2150 N. California
Desk Sergeant (312) 744-8290
DISTRICT 15 (AUSTIN)
5701 W. Madison St.
Desk Sergeant (312) 743-1440
Tactical Office (312)-743-1490
Revised February 2017
39
DISTRICT 16 (JEFFERSON PARK)
5151 N. Milwaukee Ave.
Desk Sergeant (312) 742-4480
Tactical Office (312) 742-4531
DISTRICT 17 (ALBANY PARK) – NO LOCK-UP
4650 N. Pulaski
Desk Sergeant (312) 742-4410
Tactical Office (312) 744-4418
DISTRICT 19 (TOWN HALL) – NO LOCK-UP (FORMERLY DISTRICT 23)
850 W. Addison
Desk Sergeant (312) 744- 8320
Tactical Office (312) 744-6207
DISTRICT 20 (FOSTER)
5400 N. Lincoln Ave.
Desk Sergeant (312) 742-8714
Tactical Office (312)-742-8766
DISTRICT 24 (ROGERS PARK) – NO LOCK-UP
6464 N. Clark
Desk Sergeant (312) 744-5907
Tactical Office (312) 744-2665
DISTRICT 25 (GRAND & CENTRAL)
5555 W. Grand Ave.
Desk Sergeant (312) 746-8605
Revised February 2017
40
AREA CENTRAL (51ST & WENTWORTH)
CENTRAL DETECTIVE DIVISION
5101 S. Wentworth
Violent Crimes (312) 747-8380
VCU Fax (312)-747-5396
Special Victims Unit (312) 747-8385
Property (312) 747-8384/8382
DISTRICT 1 (CENTRAL)
1718 S. State St.
Desk Sergeant (312) 745-4290
Tactical Office (312) 745-4376
Central Detention (312) 745-4460
DISTRICT 2 (WENTWORTH)
5101 S. Wentworth
Desk Sergeant (312) 747-8366
Tactical Office (312) 747-5407
DISTRICT 3 (GRAND CROSSING)
7040 S. Cottage Grove Ave.
Desk Sergeant (312) 747-8201
Tactical Office (312) 747-5484
DISTRICT 8 (CHICAGO LAWN)
3420 W. 63rd St.
Desk Sergeant (312) 747-8730
DISTRICT 9 (DEERING)
3120 S. Halsted NO LOCK-UP
Revised February 2017
41
Desk Sergeant (312) 747-8227
DISTRICT 10 (MARQUETTE)
3315 W. Ogden Ave.
Desk Sergeant (312) 747-7511
DISTRICT 12 (MONROE) – NO LOCK-UP
100 S. Racine Ave.
Desk Sergeant (312) 746-8396
Tactical Office (312) 746-8308/8306
DISTRICT 13 (WOOD) – NO LOCK-UP
937 N. Wood St
Desk Sergeant (312) 746-8350/8357
Tactical Office (312) 746-8356
DISTRICT 18 (NEAR NORTH)
1160 N Larrabee St
Desk Sergeant (312) 742-5870
Tactical Office (312) 742-5876
AREA SOUTH (111TH & ELLIS)
SOUTH DETECTIVE DIVISON
727 E. 111 ST
Violent Crimes Unit (312) 747-8271
VCU Fax (312) 747-3128
Property Crimes (312) 747-8273
Special Victims Unit (312) 747-8276
DISTRICT 4 (SOUTH CHICAGO)
2255 E. 103rd St.
Revised February 2017
42
Desk Sergeant (312) 747-8205/7581
DISTRICT 5 (PULLMAN)
727 E. 111th St.
Desk Sergeant (312) 747-8210
DISTRICT 6 (GRESHAM)
7808 S. Halsted
Desk Sergeant (312) 745-3610/3617
Tactical Office (312) 745-3632
DISTRICT 7 (ENGLEWOOD)
1438 W. 63rd St
Desk Sergeant (312) 747-8220
Tactical Office (312) 747-1294
DISTRICT 22 (MORGAN PARK)
1900 W. Monterey Ave.
Desk Sergeant (312) 745-0570
CENTRAL BOOKING
(312) 745-5202
Central Booking (CB) has a record of every individual who is arrested and charged within the city of Chicago. This is a good way to verify whether your client has been charged and the location of the station where he/she was booked. We are told that two identifiers are needed before CB will release information, i.e., name and date of birth. We are also told that it takes 20 minutes before information is posted on the CB computer. Record the operator number as your contact person.
CENTRAL DETENTION
(312) 745-4460
Located in District 1, clients are often transported and held there if they are arrested on a warrant.
Revised February 2017
43
THE JUVENILE INTERVENTION AND SUPPORT CENTER (J.I.S.C.)
(312) 747-3934
SPECIAL UNITS
Organized Crime Unit 24-Hour Desk (312) 746-7510
Administrative Office Gang & Narcotics (312) 746-7575
Bomb & Arson Unit (312) 746-7622
CAGE (Chicago Area Gun Enforcement) (312) 746-7628
Financial Crimes (312) 746-7630
Gambling/Prostitution (312)-746-7880
SWAT (312)-746-7180
These units are located at 3340 W. Fillmore. Take 290 to the Homan Ave. exit, make left on Homan, and take it to Fillmore St. The facility is in a large warehouse located on the NE corner of Homan and Fillmore. Make a right on Fillmore and park on the street to the WEST of Homan. Check in at the “guard booth” on Fillmore, a half-block EAST of Homan.
CHICAGO POLICE HEADQUARTERS
3510 S. Michigan Ave. (312)-745-5103
If you are having problems at a police station (i.e., they won’t let you see the client), call this number, ask for the superintendent’s office, and then ask to speak to the deputy director. The Deputy Director must investigate every complaint. Also, call IPRA.
Records (312) 745-5198
Internal Affairs (312) 745-6310
Missing Persons (312) 747-5789
Organized Crime (312) 745-6085
Superintendent (312) 745-6100
Youth Division (312) 747-8276
Damage Claims Dept. (312) 744-6870
City Vehicle Impound (312) 747-8852
Revised February 2017
44
COOK COUNTY SHERIFF
Cook County Sheriff’s Police Lock-up (708) 865-4700
Located at 1401 S. Maybrook Drive, Maywood, Illinois 60153. People arrested by the Sheriff’s Police may be held here. We do not make visits here, as it is not CPD, but you can inform the caller of the arrestee’s location.
COOK COUNTY JAIL – 26TH AND CALIFORNIA
2650 S. California
General Information (773) 674-5245 (automated help line) (773) 674-7100 (main telephone number)
Inmate Information (773) 674-5245
It may take up to 48 hours for the Sheriff to post prisoner information. If no information is available, you or the client’s loved ones can call the Cook County Jail Records Dept. at (773) 674-5201 to get the inmate’s ID number, next court date, type of charge and bond amount. Inmate information is also available at http://www2.cookcountysheriff.org/search2/.
COOK COUNTY SHERIFF MEDICAL UNIT
For clients being guarded by the Cook Co. Sheriff at local hospitals, call the General Information number and ask for the Medical Unit.
Families can obtain a visitor’s pass by contacting this unit. Treating doctors and nurses should provide information on medical condition to family, even if they are not allowed to visit the inmate. (If client is guarded by Chicago police, contact the officer’s district for information on charge or status of investigation and conduct a station visit).
JUVENILE TEMPORARY DETENTION CENTER (J.T.D.C.) (AKA AUDY HOME)
1100 S. Hamilton
Front Desk (312) 433-7102
Automated Department Menu (312) 738-8200
Court Liaison (312)-433-6969
Sherriff’s Desk (312) 433-4754
Revised February 2017
45
SUBURBAN COOK COUNTY POLICE DEPARTMENTS
Alsip Hanover Park Orland Hills 4500 123RD St, Alsip, IL 60803 2011 W Lake St, Hanover Park, IL 60133 16039 S 94th Ave, Orland Hills, IL 60487 (708) 385-6902 (630) 372-4400 (708) 349-4434
Arlington Heights Harvey Orland Park 200 E Sigwalt St, Arlington Heights, IL 60005 15301 Dixie Hwy, Harvey, IL 60426 15100 S Ravinia Ave, (847) 368-5300 (708) 331-3030 Orland Park, IL 60462 (708) 349-4111 Barrington Harwood Heights 400 North Northwest Highway 7300 W Wilson Ave, Palatine Barrington, Illinois 60010 Harwood Heights, IL 60706 595 N Hicks Rd, Palatine, IL 60074 (847) 304-3300 (708) 867-4353 (847) 359-9000 Hours: 7:00 a.m. - 11:00 p.m. Hazel Crest Palos Heights Bartlett 3000 W 170th Pl, Hazel Crest, IL 60429 7607 W College Dr, 228 S Main St, Bartlett, IL 60103 (708) 335-9640 Palos Heights, IL 60463 (630) 837-0846 (708) 448-5060 Hickory Hills Bedford Park 8800 W 87th St, Hickory Hills, IL 60457 Palos Hills 6701 S. Archer Avenue. (708) 598-4900 8555 West 103rd Street Bedford Park, IL 60501. Palos Hills, IL 60465 (708)-458-3388 (708) 598-2992 Hillside 425 N Hillside Ave, Hillside, IL 60162 Bellwood (708) 449-6133 Palos Park 3200 Washington Blvd, Bellwood, IL 60104 8999 W 123rd St, Palos Park, IL 60464 (708) 547-3528 (708) 448-2191 Hodgkins 6015 Lenzi Ave, Hodgkins, IL 60525 Berwyn (708) 352-4711 Park Ridge 6401 31st St, Berwyn, IL 60402 200 Vine Ave, Park Ridge, IL 60068 (708) 795-5600 (847) 318-5252 Hoffman Estates 411 W. Higgins Road, Phoenix Blue Island Hoffman Estates, IL 60169. 13031 S. Greenwood Avenue 629 E 151st St, Phoenix, IL 60426 (847)-781-2800 Blue Island, IL 60406. (708) 331-2191
(708)-597-8601 Hometown 4331 Southwest Hwy # 1, Posen 2440 Walter Zimny Dr # 1, Bridgeview Hometown, IL 60456 7500 S Oketo Ave # 1, Bridgeview, IL 60455 Posen, IL 60469 (708) 422-2188 (708) 458-2131 (708) 385-0277
Homewood Broadview 17950 Dixie Hwy, Homewood, IL 60430 Prospect Heights 2350 S 25th Ave, Broadview, IL 60155 14 E. Camp McDonald Road (708) 206-3420 (708) 345-6550 Prospect Heights, IL 60070
(847)-398-5511 Indian Head Park Brookfield 201 Acacia Dr, La Grange, IL 60525 Riverdale 8820 Brookfield Avenue (708) 246-4534 Brookfield IL 60513 725 W 138th St, Riverdale, IL 60827 (708)-485-8131 (708) 841-2203 Inverness 1415 W Baldwin Rd, Inverness, IL 60067 Buffalo Grove (847) 358-7766 River Forest 46 Raupp Blvd, Buffalo Grove, IL 60089 400 Park Ave, River Forest, IL 60305 (847) 459-2560 (708) 366-7125
Revised February 2017
46
Burbank Justice River Grove 5650 W 75th Pl, Burbank, IL 60459 7800 Archer Rd # 1, Justice, IL 60458 2621 Thatcher Ave, River Grove, IL 60171 (708) 924-7300 (708) 458-2192 (708) 453-9539 Riverside Burnham Kenilworth 31 Riverside Rd, Riverside, IL 60546 14450 S Manistee Ave, Burnham, IL 60633 419 Richmond Rd, Kenilworth, IL 60043 (708) 447-2127 (708) 891-2122 (847) 251-2141 Robbins Calumet City La Grange 3323 W 137th St, Robbins, IL 60472 1200 Pulaski Rd, Calumet City, IL 60409 304 W Burlington Ave, La Grange, IL 60525 (708) 385-4122 (708) 868-2500 (708) 579-2334 Rolling Meadows Chicago Heights La Grange Park 3600 Kirchoff Rd, Rolling Meadows, IL 60008 1601 S Halsted St, Chicago Heights, IL 60411 447 N Catherine, La Grange Park, IL, 60526 (847) 255-2416 (708) 756-6400 (708)-352-2151 Rosemont Chicago Ridge Lansing 9501 W Devon Ave # 200, Rosemont, IL 10425 Ridgeland Ave, Chicago Ridge, IL 60415 2710 E 170th St, Lansing, IL 60438 60018 (708) 422-3135 (708) 895-7150 (847) 823-1134
Cicero Lynwood Schaumburg 4901 W Cermak Rd, Cicero, IL 60804 21460 Lincoln Hwy, Lynwood, IL 60411 1000 Schaumburg Rd, Schaumburg, IL 60194 (708) 652-2130 (708) 758-4744 (847) 882-3534
Country Club Hills Lyons Schiller Park 3700 175th Pl # 1, 4200 Lawndale Ave # 1, Lyons, IL 60534 9526 Irving Park Rd, Schiller Park, IL 60176 Country Club Hills, IL 60478 (708) 447-1225 (847) 678-4794 (708) 798-3191 Markham Skokie Countryside 16313 Kedzie Ave, Markham, IL 60428 7300 Niles Center Rd, Skokie, IL 60077 5550 East Ave, Countryside, IL 60525 (708) 331-2171 (847) 982-5900 (708) 352-2171 Maywood South Barrington Crestwood 125 S. 5th Ave. Maywood, IL 60153 30 Barrington Rd, South Barrington, IL, 60010 13840 S Cicero Ave, Crestwood, IL 60445 (708)-450-4471 (847) 381-7511 (708) 385-5131 McCook South Chicago Heights Des Plaines 5000 Glencoe Ave # 2, McCook, IL 60525 2729 Jackson Avenue 1420 Miner St # 300, Des Plaines, IL 60016 (708) 447-1234 South Chicago Heights, IL 60411 (847) 391-5400 (708) 754-7131 Melrose Park Dixmoor 1 N. Broadway Melrose Park, IL. 60160 South Holland 170 W 145th St, Dixmoor, IL 60426 (708) 344-8409 16330 South Park Ave, (708) 388-3340 South Holland, IL 60473 Merrionette Park (708) 331-3131 Dolton 3165 W 115th St, Merrionette Park, IL 60803 14030 Park Ave, Dolton, IL 60419 Stickney (708) 396-3170 (708) 841-2533 6533 W Pershing Rd, Stickney, IL 60402 (708) 788-2131 East Hazel Crest Midlothian 17223 Throop St, Hazel Crest, IL 60429 14801 Pulaski Rd, Midlothian, IL 60445 Stone Park (708) 385-2534 (708) 798-2186 1629 Mannheim Rd, Stone Park, IL 60165 (708) 450-3216
Revised February 2017
47
Elk Grove Village Morton Grove Streamwood 901 Wellington Ave, Elk Grove Village, IL 6101 Capulina Ave, Morton Grove, IL 60053 401 E Irving Park Rd, Streamwood, IL 60107 60007 (847) 470-5200 (630) 837-0953 (847) 357-4100 Summit Mount Prospect 5810 S Archer Rd, Summit, IL 60501 Elmwood Park 112 Northwest Hwy, Mt Prospect, IL 60056 (708) 563-4830 11 Conti Parkway Elmwood Park, IL 60707 (847) 870-5656 ( 708)-452-7300 Thornton Niles 700 Park Ave, Thornton, IL 60476 Evanston 7000 W Touhy Ave, Niles, IL 60714 (708) 877-2531 (847) 588-6500 1454 Elmwood Ave, Evanston, IL 60201
(847) 866-5000 Tinley Park Norridge 7850 183rd St, Tinley Park, IL 60477 4020 N Olcott Ave, Norridge, IL 60706 (708) 444-5300 Evergreen Park (708) 453-4770 9420 S Kedzie Ave, Evergreen Park, IL 60805 (708) 422-2142 Northbrook Westchester 1401 Landwehr Rd, Northbrook, IL 60062 10300 W Roosevelt Rd, Westchester, IL 60154 Flossmoor (847) 564-2060 (708) 345-0060 2800 Flossmoor Rd, Flossmoor, IL 60422 (708) 957-4500 Northfield Western Springs 350 Walnut St, Northfield, IL 60093 740 Hillgrove Ave, Western Springs, IL 60558 Ford Heights (847) 446-2131 (708) 246-8540 No PD, call Central Booking Northlake Wheeling Forest Park 55 W North Ave, Northlake, IL 60164 1 Community Blvd, Wheeling, IL 60090 517 Desplaines Ave, Forest Park, IL 60130 (708) 531-5755 (847) 459-2632 (708) 366-2425 North Riverside Willow Springs Forest View 8255 Willow Springs Rd, Willow Springs, IL 2359 Desplaines Ave, Riverside, IL 60546 60480 7000 46th St, Forest View, IL 60402 (708) 447-9191 (708) 788-0318 (708) 839-2732
Oak Forest Wilmette Franklin Park 15440 S Central Ave, Oak Forest, IL 60452 9451 Belmont Ave, Franklin Park, IL 60131 (708) 687-1376 710 Ridge Rd. Wilmette, IL 60091 (847) 671-8200 (847)-256-1200
Oak Lawn Glencoe 9446 Raymond Ave, Oak Lawn, IL 60453 Winnetka 325 Hazel Ave 60022 (708) 422-8292 410 Green Bay Rd, Winnetka, IL 60093 (847)-835-4112 (847) 501-6034 Oak Park Glenview 123 Madison St, Oak Park, IL 60302 Worth 2500 E Lake Ave, Glenview, IL 60026 (708) 383-6400 7112 W 111th St #1, Worth, IL 60482 (847) 724-1700 (708) 448-3979 Olympia Fields Glenwood 20040 Governors Dr # 2, 1 Asselborn Way, Glenwood, IL 60425 Olympia Fields, IL 60461 (708) 753-2420 (708) 503-8100
Revised February 2017
48
OUTLYING JUVENILE COURTS
Municipal District 2 5600 Old Orchard Road Skokie, Illinois 60077 (847) 470-7200
Municipal District 3 2121 Euclid Avenue Rolling Meadows, Illinois 60008 (847) 818-3000
Municipal District 5 10220 South 76th Avenue Bridgeview, Illinois 60455 (708) 974-6500
Municipal District 6 16501 South Kedzie Avenue Markham, Illinois 60428 (708) 232-4551
Revised February 2017
49
COURT INFORMATION
HABEAS CORPUS PETITIONS
Presiding Judge LeRoy K. Martin, Jr., 26th & California
Phone (773) 674-3160
Fax (773) 674-3093
COOK COUNTY STATE’S ATTORNEY’S OFFICE
Felony - 26th & California (773) 869-6243
Juvenile – 11th & Hamilton (312) 443-7000
Felony Review Unit (773) 674-3020
Felony Review Fax (773) 674-3730
Victim Witness Assistance Unit (773) 674-7200
COOK COUNTY PUBLIC DEFENDER’S OFFICE
General Information - 69 W. Washington (312) 603-0600
Felony - 26th & California (773) 674-3217
Homicide Task Force – 26th and California (773) 674-6989
Juvenile Justice Division – 2245 W. Ogden (312) 433-7046
Post Conviction (Legal Resources Division) (312) 603-0600
Revised February 2017
50
APPENDIX A
CPD SPECIAL ORDER S06-01: PROCESSING PERSONS UNDER DEPARTMENT CONTROL
Chicago Police Department Special Order S06-01 PROCESSING PERSONS UNDER DEPARTMENT CONTROL
ISSUE DATE: 29 January 2015 EFFECTIVE DATE: 29 January 2015 RESCINDS: 23 February 2012 version INDEX CATEGORY: Processing Persons
I. PURPOSE This directive: A. Places accountability on station supervisors in charge of detention facilities. B. Assigns responsibility to Department members who are processing arrested persons. C. Establishes procedures for processing arrested persons. D. Continues procedures to ensure compliance with the Illinois Department of Corrections standards. Department members will refer to the General Order titled "Processing Persons Under Department Control" for policies governing processing arrestees.
II. GENERAL RESPONSIBILITIES
A. Arresting officers will be responsible for: 1. Adhering to all Department procedures relative to processing arrestees and ensuring there is a valid basis for charges placed. 2. Completing the Arrest Report. When citing the statute or ordinance violated, Department members will ensure that the most serious charge is listed first on the Arrest Report.
NOTE: It is not necessary to list the charges in the chronological order of the investigation to establish probable cause.
3. Setting forth in the Arrest Report narrative sufficient information (elements of the offense and probable cause to arrest) to substantiate all charges placed against an arrestee.
4. Ensuring an arrestee is not charged until a name check has been completed. 5. Entering the desired court date as outlined in the Department directive entitled "Court
Revised February 2017
51
Call Schedule."
6. Entering the event number in the designated space on the Arrest Report. 7. Notifying witnesses of the date, time, and location of court proceedings, and appearing promptly at all judicial hearings, as required.
8. Attesting to the accuracy of the Arrest Report by: a. Entering their password associated with their username (PC number) to complete their electronic signature in the CLEAR Automated Arrest application, or
b. Signing the affirmation statement on the bottom of the narrative section of both the Permanent Record-Records Division (white) and Court Sergeant (blue) pages of the Arrest Report in the presence of a Department member sworn as a deputy clerk of the Circuit Court of Cook County.
NOTE: Department members acting as deputy clerks must w itnes s the arresting officer signing the affirmation statement before affixing their signature in both places.
9. Personally presenting the Arrest Report to the on-duty station supervisor for approval.
10. Notifying the station supervisor if the arrestee: a. Made any suicidal comments/remarks. b. Is under the influence of alcohol/drugs. c. Has any visible injuries. B. Station supervisors in charge of detention facilities will: 1. Be held accountable for ensuring the safety and care of all arrestees within police facilities and lockups.
2. Ensure the proper handling and processing of all adult arrestees, juveniles, and other persons who come within their jurisdiction.
3. Review all Arrest Reports at the beginning of the booking process and ensure that the arresting officer has complied with Item II-A of this directive.
4. Enter initial approval of probable cause.
a. The district station supervisor of the unit of detention will indicate initial approval of probable cause on the Arrest Report at the onset of the booking process indicating there is probable cause to detain the arrestee and the elements of the offense have been included in the narrative portion of the Arrest Report.
b. When a district station supervisor authorizes the transfer of an arrestee to another district for detention processing, the authorizing station supervisor
Revised February 2017
52
will indicate the initial approval of probable cause.
NOTE: For the Central Detention Section, the station supervisor in District 001 will be considered in charge of the detention facility concerning initial approval of probable cause and final approval of charges.
5. Approve proper charges placed against arrestees when the booking process is complete and probable cause exists. Normally, an arrestee who has been fingerprinted will not be charged and sent to court until the facsimile copy of the Criminal History Sheet or No Record Notification has been received. However, the arrestee will be considered charged when the station supervisor in charge of a detention facility waives the results of the fingerprint check, as outlined in the Department directive entitled "Releasing Arrestees Without Charging and Waiving Fingerprint Results."
NOTE: When an arrestee who has not been charged is detained at a facility other than a detention facility, the on-duty unit commanding officer of that unit will ensure that the arrestee is returned to the district of detention for the completion of the booking process in sufficient time to allow the arrestee to be processed for the next regularly scheduled court hearing to which the case is normally returnable.
6. Ensure that an assistant state's attorney has been notified in cases necessitating felony review.
7. When the assistant state's attorney does not approve felony charges against the arrestee, review the facts of the case to determine:
a. Whether the appropriate area deputy chief, Bureau of Patrol or, in cases involving detectives, the area commander, Bureau of Detectives, should be consulted for a determination.
b. Whether circumstances warrant reduced charges. c. Whether the arrestee should be released without charging. NOTE: In making this determination, the station supervisor will refer to Item II-B-9 of this directive.
8. Make the final determination whether a person should be released without charging. The arrestee will be released without charging when: a. There is a determination based upon the available evidence and the requirements of this directive; or b. The criteria below are met: (1) such arrestee has been arrested without a warrant; and (2) the arrestee has not been let to bail or otherwise released; and (3) continued detention would result in the arrestee not being able to appear in court within 48 hours from the time of arrest.
Revised February 2017
53
9. Ensure that all arrestees are charged (booking process completed) without unnecessary delay.
10. Ensure that without unnecessary delay, and in no event later than 48 hours from the time of arrest, each arrestee appears at the next regularly scheduled court call to which the case is normally returnable, unless the arrestee has:
a. appeared before a Duty Judge consistent with the Department directive entitled “Duty Judge Procedures,”
b. been let to bail, or c. been otherwise released from Department custody.
11. When the resisting arrest box on the Arrest Report has been checked, determine whether the arrestee's actions meet the classification of a passive resister, active resister, assailant, or the actions of the arrestee or member otherwise require completion of a TRR as defined in the Department directive entitled "Use of Force Guidelines."
a. In those instances when the actions of the arrestee are classified as an active resister or assailant, the station supervisor will follow the procedures outlined in the Department directive entitled "Use of Force Guidelines" and ensure the completion of a TRR if required.
b. In those instances when the actions of the arrestee are classified as a passive resister and the arrestee's action or the member's response do not otherwise require a TRR, the station supervisor will ensure that the arrestee is processed according to the procedures established in this directive.
12. Allow the arrestees a reasonable number of visitations by an attorney of their choice and/or a member of their family unless there is imminent danger of escape. Such visits will be permitted in accordance with the Department directive entitled "Arrestee and In-Custody Communications."
13. Ensure that any medical information received regarding a person in Department custody from their attorney, family, or friends, whether it be in- person or by phone call, is appropriately acted upon, communicated to lockup personnel, and documented in the Automated Arrest Report as delineated in Department directive entitled “Arrestee and In-Custody Communications.”
14. Personally inspect the lockup and prisoners at least four (4) times during the tour of duty, noting conditions found and signing the Inspection Log (bound ledger book). In District 001, the inspection responsibilities will be assumed by the station supervisor assigned to the Central Detention Section.
15. Ensure the Duty Judge procedures are initiated consistent with the Department directive entitled “Duty Judge Procedures” whenever a charged arrestee:
a. will not be able to appear at the next regularly scheduled court call for which the case is normally returnable within 48 hours from the time of arrest, or
Revised February 2017
54
b. is seeking medical attention for a physical or mental condition and a mittimus will not be able to be secured within 48 hours from the time of arrest.
16. Ensure a mittimus is sought when a charged arrestee is hospitalized for a physical or mental condition. The station supervisor will assign the arresting officer or a member from the arresting officer’s unit of assignment, the responsibility to appear in court to obtain a mittimus to remand the arrestee to the custody of the Sheriff.
a. Prior to approving final charges and assigning the described Department member to seek a mittimus, the station supervisor will consult with the appropriate investigative unit regarding the charge. The station supervisor will then determine and approve the final charges with the approval of the Cook County State’s Attorney’s Office or the appropriate area deputy chief, Bureau of Patrol or, in cases involving detectives, the area commander, Bureau of Detectives.
b. The mittimus will be sought as soon as reasonably necessary under the circumstances following the arrest. In the absence of a Duty Judge Hearing, station supervisor will ensure a mittimus is secured no later than 48 hours from the time of arrest.
17. If an arrestee is refused transfer to an outside holding facility (e.g., Cook County Jail) due to physical/mental illness:
a. Assign transporting officers to transport the arrestee to the nearest approved medical facility for medical care.
NOTE: Arrestees requiring emergency medical care will be transported by a fire department ambulance, if available.
b. Not re-accept the arrestee into a Department holding facility without a completed Arrestee Medical Clearance Report (CPD-11.524).
C. The station supervisor will also be responsible for:
1. Ensuring all court complaints are properly sworn to by the complainant / arresting
officer and a member sworn as a deputy clerk of the circuit court.
2. The proper completion of all court complaints and related documents and the
Assignment of cases to the proper court.
3. Ensuring the required signatures are entered in the automated system or are on the affirmation statement of both the Permanent Record-Records Division (white) and Court Sergeant (blue) pages of the Arrest Report. 4. Ensuring proper recording of the legal citation for offense(s) alleged in signed complaint(s) on all copies of the Arrest Report.
5. The proper distribution of Arrest Reports and related documents as outlined in the directive to this order entitled "Arrest Report and Related Documents."
6. The preparation of bail bonds, when authorized.
Revised February 2017
55
7. The preparation of Court Complaint Transmittal Listings (CPD-11.551).
8. Notifying arresting officers if a change is made in the Arresting Officer Desired Court Date /Branch-Call box of the Arrest Report. 9. The security of female arrestees, juveniles, and other persons left in their custody.
10. Overseeing the conduct of lockup personnel and ensuring that they are properly making entries in the Inspection Log by personally inspecting the lockup, prisoners, and the log at least four (4) times during the tour of duty. The station supervisor will check all entries since the last supervisory inspection, indicate conditions found, take appropriate action when necessary, and sign the log. In District 001, inspection responsibilities will be assumed by the station supervisor assigned to the Central Detention Section.
11. Ensuring that criminal complaints are prepared when charges are upgraded.
12. In instances when the arrestee is in custody on a warrant, verifying that the arrestee and the person wanted on the warrant are the same person by ensuring that any IR number and physical description listed in the warrant match the IR number on the arrestee's Criminal History Sheet and the arrestee's physical description. A photo comparison will also be attempted via a Department automated system.
(Items indicated by italic/double underline were added or revised) Garry F. McCarthy Superintendent of Police 15-008 RWN PHONE BOOK ENTRIES: 1. Bureau of Investigations Unit Deputy Chief Probation Officer 2560 South California, Lower Level (LL) Fax: 773-674-3850 2. Illinois Department of Corrections Automated Management Systems (AMS) 800-346-4362
GLOSSARY TERMS: 1. Strip Search The removal or rearrangement of some or all of the clothing of an arrestee to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments.
Revised February 2017
56
APPENDIX B
CPD SPECIAL ORDER S06-03 FELONY REVIEW BY COOK COUNTY STATE’S ATTORNEY
I. PURPOSE This Directive:
A. continues the procedures of consulting with and requesting approval from the Cook County State's Attorney's Felony Review Unit prior to placing felony charges in non-narcotics cases, or when seeking felony arrest or search warrants.
B. establishes procedures for felony overrides when a case has been designated a continuing investigation.
II. POLICY
The Department is committed to conducting thorough, comprehensive criminal investigations. One of the components of a comprehensive investigation is the review by the State's Attorney's office prior to formal charging of felony arrests of adults (excluding narcotics and syndicated gambling cases), and of juveniles arrested for offenses where they are to be charged as adults.
III. MANDATORY NOTIFICATIONS
The station supervisor is responsible for ensuring than an assistant state's attorney is promptly notified in the following instances:
A. within six (6) hours of arrest, when an arrested person is to be charged with a felony, except felony narcotics cases and syndicated gambling cases when the arrests are made by members of the Bureau of Organized Crime.
B. when a juvenile is in custody for offenses where they are to be charged as adults.
C. when any person is shot by a member of the Department. D. when a person is seriously injured by a member of the Department in the course of duty performance.
NOTE: "Serious injury," for the purpose of this directive, is defined as injury which causes the injured party to be admitted to a hospital. This definition does not include emergency room first aid or hospitalization resulting from a motor vehicle crash.
Revised February 2017
57
IV. PROCEDURES
A. Assistant state’s attorneys Felony Review Unit are available on a 24 hour a day basis for the purpose of consultation. B. The Felony Review Unit will be contacted for assistance in securing search warrants, arrest warrants, or for other matters at the discretion of the station supervisor.
C. Felony charges, other than narcotics, will not be approved without the consultation of an assistant state’s attorney and the station supervisor at the district of detention. In cases in which the assistant state’s attorney and the station supervisor disagree about the charges to be placed against an arrestee, the procedures outlined in Item VI will be followed.
V. RESPONSIBILITIES
A. It will be the responsibility of:
1. officers conducting the preliminary investigation to notify the appropriate Bureau of Detectives unit or follow up unit(s), or to ensure that notification is made through the Office of Emergency Management and Communications, and to record the unit and member notified and the date and time the notification was made in the "Notifications" field of the applicable case report, except for felony cases involving:
a. Burglary to a Motor Vehicle. b. Motor Vehicle Theft related charges.
c. Narcotics.
d. Prostitution related charges.
e. Retail Theft (including an upgrade).
f. Unlawful Use of a Weapon (UUW), except for a violation of 720 ILCS 5/24- 1(a)(7)(iii).
NOTE: Additional guidelines for obtaining approval for a felony UUW charge may be found in the Department directive entitled “Unlawful Use of Weapons Arrests.”
g. Driving Under the Influence.
h. Driving While Suspended/Revoked.
i. Human Trafficking.
j. Felony Crimes Against Animals.
2. the detective, investigator, explosive technician, or traffic specialist conducting the follow up investigation to notify and confer with an assistant state’s attorney assigned to the Felony Review Unit when seeking approval for a felony charge, except for the type of cases outlined in Item V-A-1.
3. the Department member conducting the preliminary investigation, with the approval of the station supervisor assigned to the district of detention, to notify and confer with an
Revised February 2017
58
assistant state’s attorney assigned to the Felony Review Unit when seeking approval for a felony charge for the type of cases listed in Item V-A-1, except narcotics cases.
NOTE: The felony-review process is not required in narcotic cases. 4. the station supervisor to ensure that notification is appropriately made to the assistant state’s attorney when felony charges are sought, including those arrests involving statutory upgrades of misdemeanor charges based upon prior convictions.
B. Nothing in this order precludes a preliminary investigator from contacting the Bureau of Detectives for guidance when seeking the approval of felony charges for the offenses listed in Item V-A-1.
C. The assistance of an assistant state’s attorney in the preparation of the case does not relieve the officer of the responsibility for proper case investigation and preparation nor will it unreasonably delay the booking and charging process of persons in Department custody delineated in the Department directive entitled "Processing Persons Under Department Control."
D. In those cases where several assistant state’s attorneys are consulted regarding the same investigation, each assistant state’s attorney consulted will be informed of any previous instructions received from any other assistant state’s attorney(s) consulted by the assigned follow-up unit personnel.
VI. FELONY OVERRIDES
A. If felony charges are not approved by an assistant state's attorney, by either a rejection of felony charges or a designation of the case as a continuing investigation, that decision may be overruled by the appropriate area commander, Bureau of Detectives, for cases investigated by the Bureau of Detectives, or the appropriate area deputy chief, Bureau of Patrol, for all other cases. B. When a member is informed that felony charges are not approved by an assistant state's attorney, the member will:
1. determine the reason for the rejection of felony charges or the designation of the case as a continuing investigation.
2. inform the station supervisor of the detention facility.
3. if appropriate, inform their immediate supervisor and request a felony override.
C. The immediate supervisor who is notified that felony charges were rejected or that the case was designated as a continuing investigation will:
1. ensure appropriate resources have been dedicated to support felony charges or resolve the investigation. 2. determine whether the appropriate exempt commanding officer should be consulted for an override.
3. inform the station supervisor of the detention facility if an override should be sought.
D. In cases in which the assistant state’s attorney and the reviewing supervisor disagree about the charges to be placed against an arrestee:
Revised February 2017
59
1. for cases investigated by the Bureau of Detectives, the appropriate area supervisor will notify the appropriate area commander, Bureau of Detectives, for consultation and a determination.
2. for all other cases, the station supervisor of the detention facility will confer within their immediate chain of command, and if then appropriate, notify the appropriate area deputy chief, Bureau of Patrol, for consultation and a determination.
E. The exempt commanding officer in charge of the felony override will:
1. determine if further investigation is necessary to support a felony charge.
2. if necessary, contact a supervisor from the Felony Review Unit in an effort to resolve the charges.
3. determine whether or not to override the decision of the assistant state's attorney and approve felony charges, according to the facts of the case.
4. if a felony override is appropriate, inform the Felony Review Unit and the station supervisor of the unit of detention that an override has been effected.
F. Upon approval of an override, the station supervisor will ensure that the decision and the name of the exempt commanding officer making the decision is recorded on the arrest report. The presence of the exempt commanding officer to resolve the impasse will not relieve the station supervisor of other responsibilities for the processing of persons under Department control.
VII. WARRANT CASES
A. Requests for all felony arrest warrants and juvenile arrest warrants where they are to be charged as adults must be approved by an assistant state's attorney assigned to the Felony Review Unit.
B. Department members seeking to obtain or requesting approval for a search warrant will refer to the Department directives titled "Search Warrant and Consent to Search Incidents" and "Alternative Search Warrant Approval Method" for the required approval.
C. When an arrest is made pursuant to a criminal warrant authorized by an assistant state’s attorney, an assistant state’s attorney from the Felony Review Unit will be contacted for final review of the charge and preparation of the requisite documents.
1. Even though a judge has already issued the warrant, the Felony Review Unit will be contacted so that an assistant state’s attorney prepares the necessary documents required to complete the processing.
2. In cases in which the assistant state’s attorney and the station supervisor disagree about the charges to be placed against an arrestee, the procedures outlined in Item VI will be followed.
(Items indicated by italics/double underline were added or revised.) PHONE BOOK ENTRIES: Authenticated by: KC 1. Cook County State's Attorney - Garry F. McCarthy Felony Review Superintendent of Police 2650 S. California Ave., Room 14-145 CMW 14C10 773-674-3020
Revised February 2017
60
APPENDIX C
CPD GENERAL ORDER C10-01 GANG VIOLENCE REDUCTION STRATEGY
I. PURPOSE
This directive:
A. establishes the Chicago Police Department Gang Violence Reduction Strategy (GVRS) to combat gang-related murders, shootings, and general violence related to gang activity.
B. continues the:
1. Chicago Police Department Gang Audit.
2. CLEAR Arrestee Debriefing Module.
3. CLEAR Firearm (CAGE) Report.
C. delineates specific duties and responsibilities for Department members in the implementation of GVRS.
D. updates terms relative to the Investigatory Stop System.
II. GANG VIOLENCE REDUCTION STRATEGY
The Department GVRS:
A. is comprised of multiple components: information gathering, analysis, dissemination of intelligence, linking of gangs to their factions, social network mapping, and a variety of mission- specific operations focused on targeted gang members and their associates.
B. actively promotes inter-bureau efforts to work in a concerted manner to develop information and intelligence to combat gang violence and violent crime.
C. establishes the expectation that the intelligence collected and disseminated will be utilized to proactively prevent escalating gang violence and associated retaliations.
III. PRINCIPLES OF THE GANG VIOLENCE REDUCTION STRATEGY
A. The Department's commitment to professionalism, obligation, leadership, integrity, courage, and excellence has driven many meaningful public safety achievements. The Chicago Police Department conducts training and establishes procedures consistent with the concept of Legitimacy and Procedural Justice, with the goal of strengthening our relationship with the
Revised February 2017
61
community and ultimately improving officer safety and efficiency. The concept of Legitimacy and Procedural Justice consists of the following four principles:
1. Giving others a voice (listening);
2. Neutrality in decision making;
3. Respectful treatment; and
4. Trustworthiness.
B. By fostering an environment where procedural justice principles become standard practice, the Department can create an organizational culture that fosters a true partnership with the public and leads to safer and more prosperous communities.
IV. TECHNOLOGICAL COMPONENTS OF GVRS
A. Gang Audit
1. The cornerstone of the Gang Violence Reduction Strategy is the Gang Audit. The Gang Audit is designed to gather the following intelligence from each district: gang name, gang faction name, territorial borders, faction size, alliances, conflicts, organizational level, and propensity for violence. The Gang Audit is the foundation of gang intelligence in each district and will be regularly reviewed and updated.
2. District commanders are responsible for the performance of a Gang Audit in their respective districts at least once a year, but more if necessary, according to the procedures described in the Department directive entitled "Gang Audits."
B. Strategic Subject List (SSL)
The SSL is based on the concept of two degrees of separation: This model looks at individuals with criminal records who are ranked according to their probability of being involved in a shooting or murder, either as a victim or an offender, known as a "Party to Violence" (PTV). The software looks at attributes of a person’s criminal record, including the record of violence among criminal associates, the degree to which their criminal activities are on the rise, and the types of intensity of criminal history.
C. The District Intelligence Bulletin (DIBS)
1. DIBS reports, produced by the Information Services Division (ISD) for each district, contain gang intelligence that is specific to each district.
2. DIBS reports are accessible on the Department intranet and on portable data terminals (PDTs).
D. Major Incident Notification (MIN) application
1. The MIN application provides a short description of major incidents and is available to all Department members.
2. The MIN application is available after logging into CLEAR Applications.
Revised February 2017
62
V. PROSECUTORIAL CONSIDERATIONS
The following programs will be used to combat gang violence and aid in the prosecution of violent gang members:
A. The Gang Intervention Probation Program (GIPP)
1. Consistent with the Department directive entitled "Gang Intervention Probation Program," the GIPP is a collaborative effort of the Department, the Cook County State’s Attorney’s Office (CCSAO), and the Cook County Adult Probation Department.
2. The GIPP deters individuals placed in the program from criminal gang activity using conditions of probation. Gang members that are convicted of felonies and sentenced to probation will also be sentenced to gang probation.
3. District commanders will ensure that a list of gang members that are enrolled in the GIPP program is disseminated to district personnel.
4. Enforcement action will be taken against gang members that violate their gang probation as follows:
a. mandatory curfew hours;
b. residency requirement;
c. prohibition against associating with gang members; and
d. proscription against participating in gang activity.
B. The Targeted Repeat Offender Apprehension and Prosecution (TRAP) Program
1. TRAP offenders will normally be selected by District Commanders using the below listed criteria:
a. Gang Affiliation,
b. U.U.W. Arrest History,
c. Convicted Felon,
d. Victim of a Shooting,
e. Role within the Gang,
f. On Parole,
g. Violent Crime History,
h. Propensity for Violence,
i. Strategic Subject List Membership,
j. Affiliation with Other Gang Members.
Revised February 2017
63
2. The TRAP Program, consistent with the Department directive entitled, "Targeted Repeat- Offender Apprehension and Prosecution (T.R.A.P.) Program" developed with the cooperation of the Cook County State's Attorney's Office, allows the Department and the State's Attorney's Office to work together to identify repeat offenders with a high propensity toward violent, gang-related crime.
C. The Racketeer Influenced and Corrupt Organizations (RICO) Act The Department is committed to collaborating with the Cook County State's Attorney's Office and the United States’ Attorney's Office for prosecutions that fall within the purview of the RICO Act.
D. Instant Update Unit, Records Division The Instant Update Unit will review all rap sheets and identify arrestees that are on parole, probation, have pending felony charges, or out on bond for misdemeanor charges that have not been adjudicated.
VI. FOCUSED DETERRENCE
A. The Department’s focused deterrence approach is based on the finding that a significant percentage of violent incidents is closely associated with groups of high-rate repeat offenders.
B. Focused deterrence involves a partnership between law enforcement officials, social service providers, and community members.
C. The goal of focused deterrence is to change the behavior of both individual groups and the local network of groups.
D. Focused deterrence proceeds as follows:
1. Violent groups, the individuals within those groups, and the relationship between the groups are identified.
2. “Call-in” sessions with representatives of the groups are convened to deliver a focused deterrence message to the group.
NOTE: Individuals on probation or under parole supervision can be legally mandated to attend call-in sessions.
a. The general message conveyed is “We will help you if you will let us, but we will stop you if you make us.” There will be a clear message that the group will be dismantled if they do not comply.
b. Additional messages are designed so that group members perceive they have a face-saving exit from a violent lifestyle if they so choose.
3. During the call-in sessions, a clear and consistent message of nonviolence is delivered by law enforcement officials, social service providers, and community members.
a. Law enforcement personnel will inform group members of focused scrutiny on violent incidents. The next violent incident will result in swift, targeted enforcement—using any legal means available—of the entire group that is affiliated with the individual responsible for the violence. Only the offender will be held accountable for the violent incident itself, but any and all criminal activities of other group members (such as probation and parole violations, drug dealing, open
Revised February 2017
64
cases, and warrants) will receive increased scrutiny by law enforcement personnel.
b. Social service providers will present alternatives to violence by offering job referrals as well as educational and social services to those individuals who want them.
c. Community members will demand an end to the violence, articulating the damage it produces and invalidating any excuses for the violent behavior.
4. Following the first law enforcement action focused on a violent group, the call-in session will be reconvened.
E. The success of focused deterrence rests on the relentless delivery of the promises made during the call-in sessions.
1. Law enforcement personnel will respond swiftly to subsequent violent incidents and intelligence is organized to aid in this effort.
2. Social service providers will meet the individualized needs of those who choose to transition to a life of nonviolence and intake processes are streamlined to facilitate this process.
3. Community members will continue to deliver the message of nonviolence subsequent to the call-in, presenting a united front with law enforcement personnel.
F. Custom Notification is a process that identifies potential criminal actors and victims associated with the continuum of violence. Once identified, the individual is notified of the risk and consequences that will result should they engage in criminal conduct or continue in violent activity.
1. The goal is to ensure the individual is not only informed of the law enforcement consequences for deciding to engage or continue in gun violence, but also of the devastating impact of gun violence within their community. Opportunities for seeking assistance will also be provided during the custom notification. However, it is ultimately the decision of the individual to choose not to engage in criminal activity.
2. Custom notifications will be conducted consistent with the Department directive entitled "Custom Notifications in Chicago."
VII. PROACTIVELY POLICING GANG FACTIONS
District commanders will:
A. identify and prioritize the gang factions within their districts with the highest propensity for violence.
B. ensure the prioritized list of gang factions is distributed to all beat officers, tactical teams, and area saturation teams within their districts.
C. coordinate deployment strategies with the tactical and saturation team supervisors based on the prioritized list.
Revised February 2017
65
D. ensure district tactical and saturation teams continuously focus enforcement activities on the most violent gang factions identified on the list.
E. review, select, and update the prioritized list on a continual basis.
VIII. BUREAU OF PATROL RESPONSIBILITIES
District commanders will:
A. ensure beat assignment integrity is maintained.
1. Beat assignment integrity is defined as a strategy that enables police officers and supervisory personnel to become familiar with crime conditions and issues of concern to the community on their beat or within their sector. This strategy is attained through the consistent assignment of officers and supervisory personnel to regularly assigned beats and sectors.
2. District supervisory personnel have final authority regarding the dispatch of assignments and will monitor all calls and take appropriate action to ensure that the integrity of beat assignments is maintained.
B. appoint a member to serve as the district intelligence officer. The responsibilities of the district intelligence officer are described in the Department directive entitled "District Intelligence Officer."
C. ensure targeted vehicle enforcement missions are conducted.
1. A goal of targeted vehicle enforcement missions is to reduce gang violence, shootings, and drive-by shootings by enforcing the appropriate statutes and ordinances.
2. Members assigned to a targeted vehicle enforcement mission will focus their efforts on impounding vehicles for the following offenses: an assault weapon or narcotics in the vehicle, a revoked or suspended driver's license, playing music too loud, possession of spray paint by a minor in the vehicle, possession of an altered handicap permit, displaying a false temporary registration permit, soliciting a prostitute, fireworks in the vehicle, fleeing a police vehicle, and other appropriate ordinances that allows impounding a vehicle.
NOTE: Members will impound vehicles consistent with the Department directive entitled “Impoundment of Vehicles for Municipal Code Violations.”
3. Additional targeted vehicle enforcement will include conducting seat belt missions, red light missions, school safety zone missions, license plate reader enforcement, moving violation enforcement, and the issuance of parking citations.
D. ensure the Gang Intervention Probation Program (GIPP) is used to combat gang violence consistent with Item V-A of this directive.
E. ensure the Targeted Repeat-Offender Apprehension and Prosecution (TRAP) Program is used to combat gang violence consistent with Item V-B of this directive.
Revised February 2017
66
F. ensure that I-Bonds are NOT issued for verified gang members that are charged with jailable offenses, consistent with the Department directives entitled "Bond Procedures" and "Court Call Schedule."
1. The following criteria will be used to determine criminal street gang membership:
a. The individual's admission to membership;
b. The wearing of distinctive emblems, tattoos, or similar markings indicative of a specific street gang;
NOTE: Membership in a gang will not be established solely because an individual is wearing clothes available for sale to the general public.
c. The use of signals or symbols distinctive of a specific criminal street gang; and/or
d. The identification of the individual as a member of a specific street gang through any database or information contained in the CLEAR system.
2. An individual's gang-membership status and the criteria used to determine membership in a gang must be documented in the Arrest Report and a CLEAR Gang Arrest Card must be completed.
G. consult with the Commander, Narcotics Division, relative to the use of a Narcotics Division Team as a support source within the district. After the successful completion of a street corner conspiracy mission, district commanders will:
1. deploy resources to prevent violent street gangs from reestablishing their presence at that location.
2. utilize city service requests to ensure the location receives "360 degrees" of city services.
NOTE: The Commander, Narcotics Division, will ensure each district is assigned a Narcotics Division Team.
H. ensure the following procedures are followed for all “shots fired” calls:
1. The assigned unit immediately responds to the call and determines if the call is bona fide. If bona fide:
a. make every effort to determine where the shots fired originated from;
b. conduct a canvass and interview citizens at or near the location to gather information;
c. utilize “shot-spotter’’ technology when applicable;
d. send a flash message of all available information, including offender descriptions, vehicle information, gang affiliation, and intended targets.
Revised February 2017
67
e. request assistance from tactical teams when appropriate.
2. Supervisors assigned to field duties will make every effort to respond to bona fide calls of shots fired and assist in information gathering.
I. ensure tactical teams are not assigned outside of the district unless exigent circumstances exist or approval has been obtained by the Superintendent or the First Deputy Superintendent.
J. ensure arresting officers:
1. enter every arrestee's information into the search function of the CLEAR Gang Arrest Card application and document the results in the narrative portion of the Arrest Report.
2. complete the automated Arrestee Debriefing Module for every arrestee.
EXCEPTION: Bureau of Patrol members will not complete the automated Arrestee Debriefing Module when the arrestee is charged with any of the following: Murder, Shooting, Robbery, Arson, Justifiable Homicide, or Criminal Sexual Assault. The appropriate Bureau of Detectives personnel will conduct the follow-up investigation and complete the debriefing of the arrestee.
a. The automated Arrestee Debriefing Module will be approved by a supervisor and automatically forwarded to CPIC for validation and dissemination.
b. The completion of the Arrestee Debriefing Module does not relieve Department members of making timely notifications consistent with the Department directives entitled "Information Report System," "Preliminary Investigations: Required Immediate Notifications," and "Supplementary Report General Directions (CPD-63.461)."
3. when inventorying a firearm for a UUW violation, complete a CLEAR Firearm (CAGE) Report.
NOTE: The Firearm (CAGE) Report cannot be completed until the firearm inventory is approved by a supervisor. Once approved, the supervisor will instruct the inventorying officer to complete the report.
IX. IMMEDIATE POST-SHOOTING PROCEDURES
A. Upon being assigned to a shooting, the first sworn Department member (regardless of rank) arriving on the scene will:
1. verify that a person has been shot.
2. immediately issue a flash message transmitted via radio, providing descriptions or other pertinent information on wanted persons and/or motor vehicles related to this specific shooting.
3. ascertain and immediately notify CPIC of the following:
Revised February 2017
68
a. The victim's name and date of birth, if known;
b. The victim's gang affiliation, if any;
c. Any information known of the offender, such as name, gang affiliation, and/or associates;
d. Any gang conflicts occurring at or near the location of the shooting; and
e. The name and radio call number of the district supervisor assigned to the shooting.
B. The assigned Bureau of Patrol field supervisor will:
1. ensure that the Department members remaining on-scene are only those with assigned duties.
2. ensure notification to the Crime Prevention and Information Center (CPIC) of any information and request a gang profile is completed for the victim, offender, associates, and location.
NOTE: The gang profile will include gang affiliation, arrests, associates, Investigatory Stop Reports, known conflicts, and possible retaliation information.
3. upon receipt of the gang profile, consult with tactical team supervisors or, if unavailable, other district field supervisors to form a plan to prevent immediate retaliation for the shooting.
4. notify the Gang Enforcement Division via CPIC.
C. The beat officer assigned the original shooting will document in a General Offense Case Report the actions taken by district officers and who was assigned to conduct the follow-up Gang Violence Reduction Strategy. If the shooting does not appear to be gang related, the officer assigned to the shooting will indicate the following in the narrative of the case report: "Based on the facts available at this time, this incident does not appear to be gang related."
D. The officers assigned to conduct the follow-up Gang Violence Reduction Strategy will submit an Information Report outlining the information gathered on a possible retaliation and what steps were taken to prevent the retaliation by the end of their tours of duty.
NOTE: At the discretion of the station supervisor, the plan may be carried over and assigned to on-coming watch/tactical personnel if the information gathered warrants further investigation. Each officer/tactical team assigned to conduct a follow up investigation regarding a gang-related shooting will submit an Information Report documenting the actions taken to prevent retaliation.
E. The Bureau of Detectives Area will notify CPIC of the assigned supervisor and detective(s) for each shooting and/or murder. CPIC will include the assigned supervisor and detective(s) as part of any "CPIC Updates" for the incident.
F. Gang Enforcement Division
Revised February 2017
69
1. When the shooting occurs during the duty hours and in the geographical location where GED is assigned, members of the Gang Enforcement Division will:
a. respond to the scene of the shooting and assist district personnel in their investigation;
b. determine the most likely locations for retaliatory violence;
c. proceed to the determined location and conduct all necessary GVRS enforcement;
d. seek out witnesses and interview victims; and
e. respond to area hospitals and interview victims and other witnesses.
2. When notified of a shooting, the designated members of the Gang Enforcement Division will:
a. monitor social media outlets with the goal of garnering real-time gang intelligence and preventing retaliatory gang-related violence, including identifying:
(1) current discussions or "chatter" concerning the incident.
(2) the "blamed" offender or offending group to assist in identifying potential retaliatory acts of violence.
(3) current or future gathering locations.
(4) related photographs or videos.
b. if critical gang intelligence is gathered, notify the CPIC for further evaluation and distribution to the district commander whose area is affected by the intelligence.
NOTE: If the nature of the gang intelligence requires immediacy, the intelligence will be broadcast over the appropriate radio zones.
c. if critical gang intelligence is gathered and serves an investigative purpose, forward the information to the appropriate area detective division.
G. The Office of Emergency Management and Communications (OEMC) will:
1. maintain continual communication with the on-scene assigned field supervisor.
2. provide, via portable data terminal (PDT), the gang-related shooting information to any and all field units likely to be affected by retaliatory violence.
H. CPIC will complete a gang profile and:
1. forward the gang profile to the district station supervisor via Department e-mail.
NOTE: Immediately upon receipt, the station supervisor will ensure the appropriate field supervisor receives the gang profile.
Revised February 2017
70
2. notify the station supervisor that the gang profile has been sent.
NOTE: Gang profiles will also be sent to the appropriate BOP, BOD, and BOC deputy chiefs, all appropriate supervisors assigned to the BOD area(s), and all appropriate supervisors assigned to the GED and GID.
3. relay all relevant victim information, gang affiliation, and gang rival information via PDT to the affected OEMC radio zone dispatcher(s).
4. conduct a post-shooting link analysis and forward it to the affected districts and the Gang Enforcement Division.
5. relay the assigned Area Detective Supervisor and Beat, along with the Area Detective(s) and Beat(s) for each shooting and/or murder as part of any "CPIC Updates" for the incident.
X. BUREAU OF ORGANIZED CRIME RESPONSIBILITIES
A. Office of the Chief The Chief, Bureau of Organized Crime, will ensure bureau members collaborate with the Cook County State's Attorney's Office and the United States Attorney's Office in the charging and prosecution of RICO Act violators, consistent with Item V-C of this directive.
B. Narcotics Division
1. The Commander, Narcotics Division, will ensure the following programs are used to combat gang violence:
a. Street corner conspiracy missions.
A street corner conspiracy mission is a collaborative effort between Narcotics Division officers and the Cook County State’s Attorney’s Office targeting violent criminal street gangs who are operating open-air drug markets or are otherwise involved in violent criminal activity.
b. Narcotics-associated violence interdiction missions (NAVIMS)
c. Search warrant missions
d. Buy-bust operations
NOTE: In consultation with district commanders, the Narcotics Division Team will be used to conduct buy-bust operations in locations with violent gang conflicts.
e. Covert surveillance
f. Long-term investigations.
2. The Commander, Narcotics Division, will coordinate and confer with district commanders to identify gang-related open air drug markets and ensure that the appropriate enforcement initiatives are implemented.
Revised February 2017
71
3. Once a narcotics issue has been addressed, district commanders will ensure that a specific, comprehensive strategy is in place to prevent such issues from re-occurring at those designated locations.
4. The Narcotics Division supervisor assigned to a specific district will confer with district personnel in order to discuss and evaluate narcotics-related issues affecting that district. The Narcotics Division supervisor will then coordinate with the Narcotics Division commanding officer for the affected area in order to ensure that the appropriate response is implemented.
C. The Gang Enforcement Division
The Commander, Gang Enforcement Division, will ensure the following programs are used to combat gang violence:
1. Gang School Safety Teams (GSST)
a. The GSST is a collaborative effort comprised of Department Gang Enforcement Division officers, Chicago Public School officials, and Cook County Juvenile Probation. The goal of GSST is to prevent gang crime through proactive measures and the suppression of gang violence through the implementation of communicative and conflict resolution strategies.
b. After an incident of school-related gang violence, GSST officers conduct interventions with the involved students in the presence of a parent or school representative. During these meetings the officers and students discuss some of the negative consequences of gang membership: death, prison, and/ or catastrophic injury.
c. Whenever GSST officers conduct an intervention in response to school-related gang violence, they will additionally monitor social media outlets with the goal of garnering real-time gang intelligence and preventing retaliatory gang-related violence. If GSST officers gather critical gang intelligence, they will:
(1) notify the CPIC for distribution to the district commander whose area is affected by the intelligence.
NOTE: The district commander, with the support of the area deputy chief, will ensure proper resources are deployed to prevent any retaliatory gang-related violence.
(2) if the nature of the gang intelligence requires immediacy, broadcast the intelligence over the appropriate radio zones.
2. Parolee Compliance Checks Consistent with the Department directive entitled "Parole Compliance Program," GED officers partner with BOP officers to support the Illinois Department of Corrections parolee compliance checks (home visits) and conduct surveillance on gang-involved parolees and recent parolees that are high-profile and high-ranking gang members.
3. Gang Missions The Gang Enforcement Division conducts aggressive patrol and violence suppression missions in areas where gang conflicts exist.
Revised February 2017
72
4. Comprehensive Anti-Gang Initiative (CAGI) The Gang Enforcement Division, in collaboration with the United States’ Attorney’s Office and the Illinois Department of Corrections, focuses enforcement action on recent parolees associated with violent street gangs.
5. Joint Missions The Gang Enforcement Division regularly conducts joint missions with outside agencies, including the Illinois State Police, Illinois Department of Corrections, United States Marshals Service, and local law enforcement agencies to target offenders wanted for gang- related offenses.
6. Retaliatory Violence Associated with Gang Funerals Gang Enforcement Division officers will partner with Gang Investigations Division officers to cover high-risk, gang- related funerals that involve active gang investigations, high-ranking gang leaders, or present a high probability of retaliation.
NOTE: Uniformed district officers will be assigned to pay special attention to the funeral homes and churches conducting the funeral services as well as the immediate areas.
D. Gang Investigations Division
The Gang Investigations Division conducts complex mid- and long-term investigations targeting hierarchal criminal gang organizations and gang leaders. Additionally, the division coordinates gang- related murder investigations with the appropriate Bureau of Detectives area personnel.
The Commander, Gang Investigations Division, will ensure the following programs are used to combat gang violence:
1. Chicago Anti-Gun Enforcement (CAGE) Teams CAGE Teams will:
a. provide assistance upon recovery of firearms associated with murders and shootings, conducting investigations of the firearm recovered and providing any information to the investigative authority.
b. review and respond appropriately to all Arrestee Debriefing Modules involving recovered firearms received from CPIC.
2. Federal Task Forces Members assigned to federal task forces (such as the FBI or ATF) will ascertain if there is any information from confidential sources related to murders and shootings which may be of assistance in determining the parties involved; make inquiries relative to retaliation and disseminate this information to CPIC; and target areas with a high level of violence associated with gangs.
3. Gang Member Identification Members will coordinate with area detectives, the Bureau of Patrol, and the Gang Enforcement Division, providing intelligence and technical support to assist in identifying the catalyst for the violence; target gang members with a high propensity for violence; and initiate investigations into gang members suspected to be the catalyst for re-occurring gang violence.
4. Liaison with Cook County Jail Members assigned to Cook County Jail will assist the Bureau of Detectives, the Bureau of Patrol, and the Bureau of Organized Crime by forwarding actionable intelligence related to shootings and murders attributed to gang
Revised February 2017
73
violence and providing assistance to outside units in gathering intelligence on violence and information on retaliatory acts of violence, such as arranging interviews with inmates, monitoring inmate phone calls, and providing information on the hierarchies established based on interviews within Cook County Jail.
E. Vice and Asset Forfeiture Division
1. License Investigation Unit
The License Investigation Unit's primary focus is the investigation of licensed and unlicensed business establishments within the City of Chicago. As part of their mission, they respond to and investigate all violent incidents in or near liquor establishments and other licensed premises and take appropriate enforcement action.
2. Street Prostitution Enforcement
Street prostitution enforcement teams concentrate on prostitution occurring directly on the street or in establishments such as bars and social clubs. Additionally, while working in high crime areas, they develop intelligence based on information gleaned from debriefing arrested individuals
XI. BUREAU OF DETECTIVES RESPONSIBILITIES
A. The Chief, Bureau of Detectives, will ensure the following programs are used to combat gang violence: A. The Area Mission and Shooting Teams
The primary focus of the Area Mission and Shooting Teams is to investigate all firearm-related incidents.
B. The Fugitive Apprehension Unit (FAU) and FBI Violent Crime Task Force will follow up on all homicide warrants and investigate alerts with probable cause. The FAU will investigate all aggravated battery investigative alerts with probable cause from the past three years.
C. The appropriate Bureau of Detectives personnel will conduct the follow-up investigation and complete the automated Arrestee Debriefing Module of arrestees charged with any of the following: Murder, Shooting, Robbery, Arson, Justifiable Homicide, or Criminal Sexual Assault.
XII. COMPSTAT COMPONENT
A. CompStat initiatives will be used to measure the impact and effectiveness of gang violence reduction strategies.
B. The CompStat process will allow district commanders to identify their gang violence problems, initiate plans to counteract the violence, and provide accountability for their actions in their areas of responsibility.
(Items indicated by italics/double underline have been revised or added)
Authenticated by: KC
15-185 CMF
ADDENDA: John J. Escalante Interim Superintendent of Police 1. 2. G10-01-01 G10-01-02
Revised February 2017
74
APPENDIX D
CPD SPECIAL ORDER S04-13-09: INVESTIGATORY STOP SYSTEM
I. PURPOSE
This directive:
A. introduces the Investigatory Stop System to replace the Contact Information System.
B. ensures compliance with the rights guaranteed to the public under the United States Constitution, the State of Illinois Constitution, and the law.
C. delineates the authority and circumstances necessary for conducting an Investigatory Stop.
D. delineates the use of the Investigatory Stop System for the documentation of Investigatory Stops, Protective Pat Downs or other searches resulting from stops, and the enforcement of the Gang and Narcotics-Related Loitering Ordinances.
E. discontinues the use of the hard copy Contact Information Card [CPD-21.101(Rev. 8/06)] and the hard copy Juvenile Contact Information Card [CPD-21.102(Rev. 8/06)].
F. introduces the use of:
1. the hard copy Investigatory Stop Report (CPD-11.910).
2. Investigatory Stop Database that replaces the Contact Information Database.
3. Investigatory Stop Receipt (CPD-11.912).
4. Investigatory Stop Pocket Guide (CPD-11.913).
5. Investigatory Stop Report Deficiency Notification (CPD-11.914).
G. discontinues the use of Investigatory Stop Receipt [CPD-11.912 (1/16)] and introduces the use of Investigatory Stop Receipt [CPD-11.912 (Rev. 6/16)].
H. delineates responsibilities and procedures for:
1. entering and maintaining Investigatory Stop Reports into the Investigatory Stop Database.
2. completing hard copy Investigatory Stop Reports.
Revised February 2017
75
3. accessing information from the Investigatory Stop Database.
I. maintains the requirement for sworn members who complete the hard copy version of the Investigatory Stop Report to enter the data documented on the hard copy into the Investigatory Stop Database.
J. continues the requirement for sworn members to document, in the appropriate field, location of occurrence by using the appropriate Incident Reporting Guide (CPD-63.451) location codes.
K. establishes management responsibility for field supervisors approving Investigatory Stop Reports including review, training, and accountability for proper use and entry of Investigatory Stop Reports by their subordinates.
L. satisfies CALEA Law Enforcement Standard Chapter 1.
II. DEFINITIONS
For the purposes of this directive, the following definitions apply:
A. Investigatory Stop - The temporary detention and questioning of a person in the vicinity where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning of a person for the purpose of enforcement of the Gang and Narcotics Related Loitering Ordinances is an Investigatory Stop. An Investigatory Stop is not a voluntary contact. A voluntary contact is a consensual encounter between an officer and a person during which the person must feel free to leave the officer's presence. An officer may approach any person at any time for any reason on any basis. However, absent reasonable suspicion or probable cause, that person must be free to walk away at any time. An officer's ability to articulate that no factors existed that would make a reasonable person perceive they were not free to leave is important. The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an Investigatory Stop or an arrest:
1. Threatening presence of several officers;
2. Display of a weapon by an officer;
3. Use of language or tone of voice indicating that compliance with the officer's request might be compelled;
4. Officer blocks a person's path; or
5. Choice to end the encounter is not available to the person.
B. Protective Pat Down – A limited search during an Investigatory Stop in which the sworn member conducts a pat down of the outer clothing of a person for weapons for the protection of the sworn member or others in the area. If, during a Protective Pat Down of the outer clothing, the sworn member touches an object which the sworn member reasonably believes is a weapon, the sworn member may reach into that area of the clothing and retrieve the object. A Protective Pat Down is not a general exploratory search for evidence of criminal activity.
Revised February 2017
76
C. Reasonable Articulable Suspicion – Reasonable Articulable Suspicion is an objective legal standard that is less than probable cause but more substantial than a hunch or general suspicion. Reasonable Articulable Suspicion depends on the totality of the circumstances which the sworn member observes and the reasonable inferences that are drawn based on the sworn member's training and experience. Reasonable Articulable Suspicion can result from a combination of particular facts, which may appear innocuous in and of themselves, but taken together amount to reasonable suspicion. Reasonable Articulable Suspicion should be founded on specific and objective facts or observations about how a suspect behaves, what the subject is seen or heard doing, and the circumstances or situation in regard to the suspect that is either witnessed or known by the officer. Accordingly, Reasonable Articulable Suspicion must be described with reference to facts or observations about a particular suspect's actions or the particular circumstances that an officer encounters. The physical characteristics of a suspect are never, by themselves, sufficient. Instead, those characteristics must be combined with other factors, including a specific, non-general description matching the suspect or the observed behaviors of the suspect.
1. For Investigatory Stops, a sworn member must possess specific and articulable facts which, combined with rational inferences from these facts, reasonably warrant a belief that the suspect is committing, is about to commit, or has committed a criminal offense.
2. For a Protective Pat Down, a sworn member must possess specific and articulable facts, combined with rational inferences from these facts, that the suspect is armed and dangerous or reasonably suspects that the person presents a danger of attack to the sworn member or others in the area.
NOTE: An Investigatory Stop and a Protective Pat Down are two distinct actions—both require independent, Reasonable Articulable Suspicion (i.e., to stop a person there must be reasonable suspicion of criminal activity, and to stop a person and perform a Protective Pat Down of the person, there must be reasonable suspicion of criminal activity and reasonable suspicion that the person is armed and dangerous or presents a danger of attack).
D. Plain Touch Doctrine – When a sworn member is conducting a lawful Protective Pat Down of a suspect’s outer clothing for weapons and encounters an object that, based upon their training and experience, the sworn member believes that the object is contraband, the sworn member may seize the item without a warrant. The object may not be manipulated in order to determine the identity of the object.
III. POLICY
A. The Investigatory Stop System is one of the ways the Chicago Police Department, as part of and empowered by the community, ensures that we protect the public, preserve the rights of all members of the community, and enforce the law impartially. Adherence to this policy allows the Department to serve all citizens equally with fairness, dignity, and respect, and to uphold our pledge to not use racial profiling and other bias-based policing.
B. Department members are responsible for ensuring public safety by deterring and responding to crime. They are also responsible for upholding the rights guaranteed to the public under the United States Constitution, the State of Illinois Constitution, and the law. Safeguarding the
Revised February 2017
77
liberties of the public and preventing crime are not mutually exclusive; each can be achieved by fostering trust and confidence between Department members and the public. Members will comport with the policy and procedures of this order to ensure appropriate conduct when interacting with members of the public.
C. Sworn members who conduct an Investigatory Stop are required to complete an Investigatory Stop Report.
D. The reasons for completing the Investigatory Stop Report is to ensure:
1. sworn members document the facts and circumstances of an Investigatory Stop, including a statement of the facts establishing Reasonable Articulable Suspicion to stop an individual;
2. sworn members document the facts and circumstances of a Protective Pat Down or other search, including a statement of the facts establishing Reasonable Articulable Suspicion to pat down an individual for potential weapons;
3. appropriate Investigatory Stop, Protective Pat Down, or other search information is entered and retained within the Investigatory Stop Database; and
4. supervisors review the facts and circumstances of Investigatory Stops, Protective Pat Downs, or other searches.
E. Department members will not engage in racial profiling or other bias-based policing when conducting Investigatory Stops as delineated in the Department directive entitled "Prohibition Regarding Racial Profiling and Other Bias-Based Policing."
F. Department members interacting with the public will use Legitimacy and Procedural Justice principles. The goal is to strengthen the police-community relationship through contact, which ultimately improves officer safety while reducing crime and disorder.
IV. ILLINOIS STATE LAW
A. 725 ILCS 5/107-14 delineates the authority for conducting an Investigatory Stop. The statute reads as follows:
"Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102-15 of this Code, and may demand the name and address of the person and an explanation of their actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped.”
B. 725 ILCS 5/108-1.01 delineates the authority for conducting a Protective Pat Down during an Investigatory Stop. The statute reads as follows:
"Search during temporary questioning. When a peace officer has stopped a person for temporary questioning pursuant to Section 107-14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall either return the weapon, if lawfully possessed, or arrest the person so questioned."
Revised February 2017
78
NOTE: In this context the word "search" refers to a Protective Pat Down.
V. GUIDELINES FOR INVESTIGATORY STOPS
Pursuant to Illinois statutory law and U.S. Supreme Court rulings:
A. An officer may conduct an Investigatory Stop if it is based on specific and articulable facts which, combined with rational inferences from these facts, give rise to Reasonable Articulable Suspicion that criminal activity is afoot. The sole purpose of the temporary detention is to prove or disprove those suspicions.
B. During an Investigatory Stop, subjects may be asked to identify themselves and to provide an explanation for their actions; however, a failure to do so is not, in and of itself, an arrestable offense or grounds for further detention, and a subject may choose not to answer any of the officer's questions.
C. Police are not required to give Miranda warnings when conducting on-the-scene questioning during the fact-gathering process.
VI. AUTHORITY TO PERFORM A PROTECTIVE PAT DOWN DURING AN INVESTIGATORY STOP
A. Pursuant to Terry v. Ohio and People v. Galvin, authority to perform a Protective Pat Down is limited to the following:
1. When an officer has detained a subject based upon Reasonable Articulable Suspicion that criminal activity is afoot and, during that detention, develops additional Reasonable Articulable Suspicion that the subject is armed and dangerous or reasonably suspects that the person presents a danger of attack to the officer or another, the officer may conduct a Protective Pat Down of the outer clothing of the subject for hard objects that could be used as weapons. The Protective Pat Down is only for the purpose of officer and citizen safety; it is not to search for evidence.
2. During a Protective Pat Down of the outer clothing of the subject, the officer may not go into the pockets of the subject or reach underneath the outer surface of the garments. If during the Protective Pat Down of the outer clothing, the officer touches an object which the officer believes is a weapon, the officer may reach into that area of the clothing and retrieve the object.
NOTE: Protective Pat Downs will be conducted by a member who is the same gender as the person that is the subject of the Investigatory Stop. If a member of the same gender is not immediately available, officer and public safety is compromised, and it is imperative that an immediate search be conducted, members will not endanger themselves or the public to comply with this requirement. Members will exercise caution when patting down outer garments of persons of the opposite sex.
B. Pursuant to Minnesota v. Dickerson and People v. Mitchell, the Plain Touch Doctrine allows officers to seize contraband during a Protective Pat Down after satisfying the following requirements:
1. When conducting a lawful Investigatory Stop and the officer is performing a Protective Pat Down, if the officer plainly feels an item that, based upon that officer's training and
Revised February 2017
79
experience, the officer believes to be contraband, the officer may seize that item and lawfully charge the person with it.
2. The Plain Touch Doctrine requires officers to satisfy the following three-part test:
a. a lawful Investigatory Stop,
b. a lawful Protective Pat Down, and
c. the officer by touch must be able to immediately recognize the item to be contraband without any manipulation of the item.
VII. GENERAL INFORMATION
A. The Investigatory Stop System is an investigative tool consisting of information obtained in the field and entered into the Investigatory Stop Database.
B. The Investigatory Stop Pocket Guide is a tool to assist members when conducting Investigatory Stops.
C. The Investigatory Stop Database
1. The Investigatory Stop Database will only be used to document:
a. Investigatory Stops, Protective Pat Downs, or other searches; and
b. enforcement of the Gang and Narcotics-Related Loitering Ordinances consistent with the Department directive entitled "Gang and Narcotics-Related Enforcement."
2. The Investigatory Stop Database contains:
a. information concerning the individual temporarily detained for the Investigatory Stop.
b. narrative sections that include a statement of facts to establish Reasonable Articulable Suspicion in order to justify an Investigatory Stop of an individual and, if applicable, to justify a Protective Pat Down.
NOTE: Sworn members are required to complete the narrative field in the Investigatory Stop Database.
3. Sworn members will complete hard copy Investigatory Stop Reports only when the electronic Investigatory Stop Database is unavailable and after approval is obtained by their immediate supervisor.
4. Sworn members are responsible for entering all Investigatory Stop Reports created during their tours of duty into the electronic system as soon as possible but no later than the end of their tours of duty consistent with Item VIII-B.
5. Supervisors will review all Investigatory Stop Reports, electronic and hard copy, created by subordinates and either approve or return it for correction or other action before the end of their tours of duty consistent with Item VIII-C-1 of this directive.
Revised February 2017
80
6. Procedures for units that routinely do not have access to the Investigatory Stop Database
a. Sworn members will complete and submit hard copies of the appropriate Investigatory Stop Report for approval as soon as possible but no later than the end of their tours of duty;
b. Supervisors will review all hard copy Investigatory Stop Reports created by subordinates and either approve or return it for correction or other action before the end of their tours of duty consistent with Item VIII-C-1 of this directive; and
c. Commanding officers of these units will determine the method of data entry and ensure the information is entered into the Investigatory Stop Database consistent with Item VIII-B-2 of this directive within a reasonable period of time.
D. Access
1. All Investigatory Stop Database information will be accessible to any sworn Department member and select civilian members, e.g., Department statistician, for one year after the initial Investigatory Stop Report was generated.
2. Pursuant to supervisory approval, personnel assigned to the following bureaus will be allowed access to Investigatory Stop information for three years based upon reasonable, articulated investigative need:
a. Bureau of Detectives;
b. Bureau of Organized Crime;
c. Bureau of Internal Affairs.
NOTE: The bureau chiefs will establish appropriate record keeping relevant to access and approval.
3. Other Department members who require access beyond this policy will submit a To- From-Subject Report through the chain of command to the Director, Information Services Division, articulating the investigative need for access. If necessary, the Director, Information Services Division, will consult with the Office of Legal Affairs regarding the requested access.
4. After three years, personal identification data contained within the Investigatory Stop Database will be deleted pursuant to Information Services Division practice and record retention requirements, statutory or judicial. Therefore, no member will have access to personally identifying data from those Investigatory Stop Reports.
NOTE: The aggregate data from an Investigatory Stop event, such as the date, time, and address of occurrence, in addition to the descriptive racial and demographic data, will be retained by Information Services Division.
Revised February 2017
81
VIII. PROCEDURES
A. Investigatory Stop
1. Sworn members who conduct an Investigatory Stop and, if applicable, a Protective Pat Down or other search in a public place, are required to submit an Investigatory Stop Report into the Investigatory Stop Database. All of the factors that support Reasonable Articulable Suspicion in order to temporarily detain an individual for investigation, and, if applicable, all of the factors that support Reasonable Articulable Suspicion in order to perform a Protective Pat Down will be documented in the narrative portions of the database.
NOTE: For purposes of this directive, "public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, and stores.
2. In addition, Investigatory Stop Reports will be submitted for all Investigatory Stops and Protective Pat Downs that lead to an arrest, Personal Service Citation, Administrative Notice of Violation (ANOV), Curfew Violation Report, School Absentee Report, or other enforcement action.
3. Upon the completion of an Investigatory Stop that involves a Protective Pat Down or any other search, sworn members are required to provide the subject of the stop a completed Investigatory Stop Receipt. The Investigatory Stop Receipt will include the event number, the reason for the stop, and the sworn member's name and star number.
EXCEPTION: An Investigatory Stop Receipt will not be provided if the subject of the stop is arrested.
4. The following examples illustrate instances when Investigatory Stop Reports, Investigatory Stop Receipts, and other Department reports are required, and are intended to serve as guidelines that can be applied in various circumstances.
a. An officer performs a traffic stop on a vehicle after observing the vehicle run a stop sign. The officer issues the driver a Personal Service Citation for failure to stop at a stop sign, and completes and affixes a Traffic Stop Statistical Study sticker to the appropriate copy of the Personal Service Citation consistent with the Department directive "Illinois Traffic Stop Statistical Study." An Investigatory Stop Report will not be completed.
b. An officer performs a traffic stop on a vehicle after observing the vehicle run a stop sign. During the traffic stop, the officer observes various factors that develop Reasonable Articulable Suspicion that the driver may be "armed and dangerous" or "presents a danger of attack." The officer conducts a Protective Pat Down on the driver and the vehicle for weapons. No weapons are discovered. The officer issues the driver a Personal Service Citation for failure to stop at a stop sign. Due to the performance of a Protective Pat Down, the officer completes an Investigatory Stop Report and provides a completed Investigatory
Revised February 2017
82
Stop Receipt to the driver. The officer documents on the Investigatory Stop Report the reason for the stop was a traffic violation, failure to stop at stop sign, and the Reasonable Articulable Suspicion to justify the Protective Pat Down of the driver and the vehicle. When completing the Investigatory Stop Receipt, the officer writes "failure to stop at a stop sign" as the reason for the stop. Additionally, the officer completes and affixes a Traffic Stop Statistical Study sticker to the appropriate copy of the Personal Service Citation consistent with the Department directive "Illinois Traffic Stop Statistical Study."
c. An officer performs a traffic stop on a vehicle after observing the vehicle run a stop sign. During the stop, the officer receives a flash message that provides a description of a wanted offender and vehicle for a theft that just occurred in the area of the traffic stop. The driver and the vehicle match the description. The officer conducts an investigation for the theft by questioning the driver regarding his whereabouts at the time of the theft. The officer determines that he does not have probable cause to arrest. The officer issues the driver a Personal Service Citation for failure to stop at a stop sign and completes an Investigatory Stop Report. The officer documents on the Investigatory Stop Report the initial reason for the stop was a traffic violation, failure to stop at a stop sign, and the officer's Reasonable Articulable Suspicion that the driver committed a theft. Additionally, the officer completes and affixes a Traffic Stop Statistical Study sticker to the appropriate copy of the Personal Service Citation consistent with the Department directive "Illinois Traffic Stop Statistical Study."
d. An officer performs a traffic stop on a vehicle after observing the vehicle run a stop sign. The officer issues a verbal warning to the driver for failure to stop at a stop sign, and completes an Illinois Traffic Stop Statistical Study - Driver Information Card consistent with the Department directive entitled "Illinois Traffic Stop Statistical Study." An Investigatory Stop Report will not be completed.
e. An officer responds to a call of shots fired. Upon the officer's arrival on the scene, the officer observes several people in the area. The officer approaches and questions people in the area as to whether or not they heard or saw anything pertaining to the shots fired call. After further investigation by the officer, the officer determines the incident is not bona fide. An Investigatory Stop Report will not be completed.
5. If an arrest is made based on an Investigatory Stop, an Investigatory Stop Report will be completed in addition to the Arrest Report. Members will indicate in the Investigatory Stop Report that an arrest is related to the Investigatory Stop by checking the appropriate box.
6. During an Investigatory Stop, the sworn member may only temporarily restrict a person's freedom of movement as long as reasonably necessary to dispel or confirm the member's Reasonable Articulable Suspicion of criminal activity. The subject cannot continue to be detained solely for the purpose of obtaining the results of a name check of the subject or for the completion of required documentation when Reasonable Articulable Suspicion no longer exists.
Revised February 2017
83
7. Failure to provide identification during an Investigatory Stop, in and of itself, is not grounds for arrest or further detention. If, at the conclusion of an Investigatory Stop, the individual is unable or refuses to provide identification and there is no probable cause to arrest, the sworn member will:
a. enter “John Doe” or “Jane Doe,” as appropriate, in the name field;
b. provide as much of the stop information as possible;
c. indicate the refusal in the narrative field; and
d. describe the reason for the stop and/or the circumstances of the stop in as much detail as possible, including a description of any unusual clothing, manner, or behavior.
8. When Investigatory Stop Reports are submitted for more than one person in a group, members will cross-reference the report numbers in the appropriate fields of the database.
B. Data Entry
1. Sworn members will submit an electronic Investigatory Stop Report as soon as possible but no later than the end of their tours of duty by selecting "Automated Investigatory Reports" from the CLEAR menu.
2. If electronic access to the CLEAR application is not available, after receiving approval from a supervisor, sworn members will:
a. complete the hard copy Investigatory Stop Report;
b. accurately enter the Investigatory Stop Report into the Investigatory Stop Database by selecting "Automated Investigatory Reports" from the CLEAR menu if electronic access to the CLEAR application becomes available before the end of their tours of duty.
NOTE: The information entered into the Investigatory Stop Database must directly correspond with the information initially documented on the hard copy.
c. select "yes" in the Investigatory Stop Database that a hard copy Investigatory Stop Report was completed.
d. record the ISR number generated by the Investigatory Stop Database onto the hard copy Investigatory Stop Report.
e. forward the completed, hard copy Investigatory Stop Report to their supervisor for approval.
3. If electronic access to the CLEAR application continues to be unavailable and is restored after the sworn member's tour of duty has ended, unit executive officers will determine the method of data entry and ensure that the Investigatory Stop Report is entered into
Revised February 2017
84
the Investigatory Stop Database consistent with Item VIII-B-2 of this directive within a reasonable period of time.
NOTE: For units without executive officers, the unit commanding officer will designate a supervisor to perform these duties.
C. Supervisory Responsibilities
1. Reviewing supervisors will:
a. approve or reject all submitted Investigatory Stop Reports by the end of their tours of duty.
b. review and ensure Investigatory Stop Reports are properly completed and conform to Department policy.
(1) Supervisors are responsible for ensuring that members properly document in the narrative sections of all (electronic and hard copy) Investigatory Stop Reports:
(a) the Reasonable Articulable Suspicion that justifies the Investigatory Stop and, if performed, Protective Pat Down; and
(b) if applicable, the basis and reasons that led to any search of a person or his/her effects that was beyond a Protective Pat Down.
(2) When both a hard copy and an electronic Investigatory Stop Report are created, supervisors will confirm the hard copy matches the electronic entry.
c. for properly prepared Investigatory Stop Reports, indicate approval in the automated system or by signing the Investigatory Stop Report in the appropriate field.
d. for rejected Investigatory Stop Reports:
(1) personally inform the preparing sworn member of the reason for the disapproval or rejection;
(2) complete an Investigatory Stop Report Deficiency Notification for rejections based on the following:
(a) Failure to document justification for an Investigatory Stop, Protective Pat Down, or other search;
(b) Improper justification for an Investigatory Stop, Protective Pat Down, or other search;
(c) Submitted hard copy of the Investigatory Stop Report does not match the electronic version submitted in the Investigatory Stop Database; and
Revised February 2017
85
(d) Investigatory Stop Report submitted in error. Officer's actions did not require the submission of an Investigatory Stop Report.
NOTE: When completing the Investigatory Stop Report Deficiency Notification, supervisors will include the action that was taken to address the deficiency, such as reviewing the policy with the member, recommending training, initiating progressive discipline where warranted, etc. Forward the completed Investigatory Stop Report Deficiency Notification to the Commanding Officer of the Integrity Section, Crime Control Strategies.
(3) document rejections based on deficiencies, such as typographic errors, incomplete fields, etc., and the corrective action taken in the comments section within the Investigatory Stop Database. Instruct the preparing sworn member to address the error and resubmit the Investigatory Stop Report by the conclusion of the sworn member's tour of duty.
NOTE: If an Investigatory Stop Report Deficiency Notification is required, state in the comments section that an Investigatory Stop Report Deficiency Notification will be submitted.
(4) instruct the preparing sworn member to address the error and resubmit the Investigatory Stop Report by the conclusion of the member's tour of duty.
EXCEPTION: Instruct the member not to resubmit the Investigatory Stop Report if an interview with the member reveals that the Investigatory Stop, Protective Pat Down, or other search was not justified or that the Investigatory Stop Report should not have been completed. The Investigatory Stop Report will remain in rejected status for clearance by the Integrity Section of Crime Control Strategies.
(5) verify submission of the corrected Investigatory Stop Report and approve as appropriate.
e. forward all hard copy Investigatory Stop Reports to the district review officer or member designated by the unit commanding officer for records retention.
2. District review officers or members designated by unit commanding officers will, on a daily basis, forward all hard copy Investigatory Stop Reports, via the Police Documents Section, to the Records Inquiry Section (Unit 163), Records Division, for records retention.
3. Executive officers will:
Revised February 2017
86
a. ensure supervisors are properly reviewing and approving all submitted Investigatory Stop Reports.
b. ensure the submission of Investigatory Stop Reports into the CLEAR system is monitored in order to ensure that the review and approval process is timely.
c. ensure all approved hard copy Investigatory Stop Reports are forwarded, via the Police Documents Section, to the Records Inquiry Section (Unit 163), Records Division, for records retention.
d. conduct monthly internal audits of Investigatory Stop Reports to ensure compliance with this directive and submit a report of their findings to the commanding officer.
e. take appropriate action if any deficiencies are noted.
NOTE: If supervisory approvals do not conform to Department policy, the executive officer will take appropriate action (reviewing the policy with the member, recommending training, initiating progressive discipline where warranted, etc.). Additionally, the executive officer will forward and document the action taken in a To-From Subject Report to the Commanding Officer of the Integrity Section, Crime Control Strategies.
NOTE: In units without executive officers, the unit's exempt commanding officer will designate a supervisor to perform these duties.
4. On a daily basis, commanding officers and executive officers will be accountable for the proper implementation of this directive.
IX. OTHER RESPONSIBILITIES
A. The Information Services Division is responsible for the maintenance and integrity of the Investigatory Stop Database.
B. Consistent with Local Records Commission requirements, the Director, Records Division, will ensure that hard copy Investigatory Stop Reports are destroyed and that information in the Investigatory Stop Database is purged consistent with this directive.
C. The Commander, Inspections Division, will ensure audits of the Investigatory Stop System will be conducted.
D. Bureau chiefs that have members who have access to the Investigatory Stop System beyond one year will ensure access is consistent with articulated investigative need and that supervisory authorization for access is maintained within unit files.
E. The Integrity Section, Crime Control Strategies, will conduct random audits of the Investigatory Stop System on a continual basis.
X. RETENTION
Revised February 2017
87
A. Pursuant to 705 ILCS 405/1-7, entitled "Confidentiality of Law Enforcement Records," juvenile Investigatory Stop Reports will be filed and retained separately from adult Investigatory Stop Reports.
B. The Director, Records Division, will dispose of both electronic and hard copy Investigatory Stop Reports consistent with this and other applicable Department directives, applicable court orders, and the law.
C. All Investigatory Stop Reports, electronic and hard copy, will be retained for a period of six months after the completion of the Illinois Traffic Stop Statistical Study (TSSS).
D. Six months after the completion of the TSSS:
1. all hard copy Investigatory Stop Reports three years and older will be purged.
2. all personal identifying information entered into the electronic database three years and older will be purged.
E. All hard copy Investigatory Stop Reports and personal identifying information contained within the database generated after the TSSS retention period and beyond will be retained for a period of three years from the date the Investigatory Stop Report was generated.
NOTE: Pursuant to a court order entered in Hall, et al. v. City of Chicago, et al., 12 C 6834, the Chicago Police Department and its members are ordered to preserve all data in the Investigatory Stop System and to preserve ALL hard copies of Investigatory Stop Reports until further notice.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
13-033 CM
GLOSSARY TERMS:
1. Investigatory Stop
A. The temporary detention and questioning of a person in the vicinity where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning of a person for the purpose of enforcement of the Gang and Narcotics-Related Loitering Ordinances is an Investigatory Stop. An Investigatory Stop is not a voluntary contact. A voluntary contact is a consensual encounter between an officer and a person during which the person must feel free to leave the officer's presence. An officer may approach any person at any time for any reason on any basis. However, absent reasonable suspicion or probable cause, that person must be free to walk away at any time. An officer's ability to articulate that no factors existed that would make a reasonable person perceive they were not free to leave is important.
Revised February 2017
88
The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an Investigatory Stop or an arrest:
1. Threatening presence of several officers;
2. Display of a weapon by an officer;
3. Use of language or tone of voice indicating that compliance with the officer's request might be compelled;
4. Officer blocks a person's path; or
5. Choice to end the encounter is not available to the person.
2. Protective Pat Down
A limited search during an Investigatory Stop in which the sworn member conducts a pat down of the outer clothing of a person for weapons for the protection of the sworn member or others in the area. If, during a Protective Pat Down of the outer clothing, the sworn member touches an object which the sworn member reasonably believes is a weapon, the sworn member may reach into that area of the clothing and retrieve the object. A Protective Pat Down is not a general exploratory search for evidence of criminal activity.
3. Reasonable Articulable Suspicion
Reasonable Articulable Suspicion is an objective legal standard that is less than probable cause but more substantial than a hunch or general suspicion. Reasonable Articulable Suspicion depends on the totality of the circumstances which the sworn member observes and the reasonable inferences that are drawn based on the sworn member's training and experience. Reasonable Articulable Suspicion can result from a combination of particular facts, which may appear innocuous in and of themselves, but taken together amount to reasonable suspicion. Reasonable Articulable Suspicion should be founded on specific and objective facts or observations about how a suspect behaves, what the subject is seen or heard doing, and the circumstances or situation in regard to the suspect that is either witnessed or known by the officer. Accordingly, Reasonable Articulable Suspicion must be described with reference to facts or observations about a particular suspect's actions or the particular circumstances that an officer encounters. The physical characteristics of a suspect are never, by themselves, sufficient. Instead, those characteristics must be combined with other factors, including a specific, non-general description matching the suspect or the observed behaviors of the suspect.
A. For Investigatory Stops, a sworn member must possess specific and articulable facts which, combined with rational inferences from these facts, reasonably warrant a belief that the suspect is committing, is about to commit, or has committed a criminal offense.
B. For a Protective Pat Down, a sworn member must possess specific and articulable facts, combined with rational inferences from these facts, that the suspect is armed and dangerous or reasonably suspects that the person presents a danger of attack to the sworn member or others in the area.
NOTE: An Investigatory Stop and a Protective Pat Down are two distinct actions—both require independent, Reasonable Articulable Suspicion (i.e., to stop a person there must be reasonable suspicion of criminal activity, and to stop a person and perform a Protective Pat Down of the person, there must be reasonable
Revised February 2017
89
suspicion of criminal activity and reasonable suspicion that the person is armed and dangerous or presents a danger of attack).
4. Plain Touch Doctrine
When a sworn member is conducting a lawful Protective Pat Down of a suspect’s outer clothing for weapons and encounters an object that, based upon their training and experience, the sworn member believes that the object is contraband, the sworn member may seize the item without a warrant. The object may not be manipulated in order to determine the identity of the object.
5. Racial Profiling or Other Bias-Based Policing
In making routine or spontaneous law enforcement decisions, such as investigatory stops, traffic stops and arrests, Chicago Police Department officers may not use race, ethnicity, color, national origin, ancestry, religion, disability, gender, gender identity, sexual orientation, marital status, parental status, military discharge status, financial status, or lawful source of income, except that officers may rely on the listed characteristics in a specific suspect description.
6. Legitimacy and Procedural Justice
The Department's commitment to professionalism, obligation, leadership, integrity, courage, and excellence has driven many meaningful public safety achievements. The Chicago Police Department conducts training and establishes procedures consistent with the concept of Legitimacy and Procedural Justice, with the goal of strengthening our relationship with the community and ultimately improving officer safety and efficiency. The concept of Legitimacy and Procedural Justice consists of the following four principles:
1. Giving others a voice (listening)
2. Neutrality in decision making
3. Respectful treatment and
4. Trustworthiness.
By fostering an environment where procedural justice principles become standard practice, the Department can create an organizational culture that fosters a true partnership with the public and leads to safer and more prosperous communities.
7. Public Place
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, and stores.
Revised February 2017
90
APPENDIX E
CPD ORDER G03-02-05: INCIDENTS REQUIRING THE COMPLETION OF A TACTICAL RESPONSE REPORT
I. PURPOSE
This directive:
A. identifies incidents that require the completion of a Tactical Response Report (CPD-11.377).
B. outlines the investigatory steps, reporting, and reviewing responsibilities of Department members.
II. POLICY
A. Accuracy. Department members are responsible, at all times, for clearly, reliably, and truthfully describing the facts and circumstances concerning any incident involving the use of force by Department members. Department members will report and thoroughly document each reportable use of force incident outlined in Item III of this directive.
B. Accountability. Department members will be responsible for articulating the specific facts that support the member's determination of the reasonableness, necessity, and proportionality of the particular use of force.
C. Transparency. The Department will provide for transparency and the appropriate dissemination of information concerning the use of force by Department members.
III. INCIDENTS REQUIRING THE COMPLETION OF A TACTICAL RESPONSE REPORT
A. A Tactical Response Report is required to be completed for the following reportable use of force incidents:
1. All incidents involving:
a. cooperative actions or passive resistance by a subject when the subject is injured or alleges injury resulting from the member's use of a force option.
b. active resistance of a subject.
EXCEPTION: A Tactical Response Report is NOT required when:
Revised February 2017
91
(1) the subject's only action of resisting is fleeing; and
(2) the member's actions did not extend beyond verbal commands and/or control holds utilized in conjunction with handcuffing and searching techniques which do not result in injury or allegation of injury.
c. an assailant whose actions are aggressively offensive with or without weapons who is using or threatening the imminent use of force against the member that will likely cause physical injury.
d. obstructing a police officer when the obstructing is a physical act directed at the officer.
2. All incidents involving a Department member's:
a. discharge of a firearm, impact munitions, Taser, OC spray, or other chemical weapons.
b. use of canines as a force option.
c. use of a Long Range Acoustic Device (LRAD) acoustic transmission to cause discomfort as a compliance technique.
d. use of strikes with an impact weapon, kicks, knee strikes, elbow strikes, closed- hand strikes or punches, takedowns, emergency handcuffing, and other direct mechanical techniques.
NOTE: Emergency handcuffing is only applied after the active resister or assailant has been controlled from actively resisting or attacking and is on the ground in a position resembling a prone or supine position. The subject must be prevented from moving while being handcuffed from the front or rear to prevent any attempts to resist or attack.
B. A Tactical Response Report is NOT required to be completed for the following incidents:
1. The use of escort holds, pressure-compliance techniques, and firm grips which do not result in an injury or allegation of injury.
2. Control holds, wristlocks, and armbars utilized in conjunction with handcuffing and searching techniques which do not result in injury or allegation of injury.
3. That force necessary to overcome passive resistance due to physical disability or intoxication which does not result in injury or allegation of injury.
4. The use of force in an approved training exercise.
Revised February 2017
92
C. If the most serious use of force requires an investigation by a certain level of supervisor, then the approval of all Tactical Response Reports resulting from the use of force by any member in that incident will be the responsibility of that level of supervisor.
IV. PROCEDURES
A. Immediate Notifications
Each sworn member or detention aide in the performance of their duties who is involved in a reportable use of force incident, as described in Item III-A of this directive, will immediately notify:
1. their immediate supervisor and the station supervisor in the district of occurrence that he or she has been involved in a reportable use of force incident.
NOTE: The involved member will record the name of the person receiving the notification in the appropriate case report.
2. the Office of Emergency Management and Communications (OEMC) for all incidents involving the:
a. use of deadly force;
b. discharge of a firearm, impact munitions, Taser, OC spray, or other chemical weapons; c. use of canines as a response option; and
d. use of a Long Range Acoustic Device (LRAD) acoustic transmission to cause discomfort as a compliance technique.
NOTE: The Office of Emergency Management and Communications (OEMC) will notify the Crime Prevention and Information Center (CPIC) of the incident. B. Completing the Tactical Response Report (TRR)
Each sworn member or detention aide in the performance of their duties who is involved in a reportable use of force incident, as described in Item III-A of this directive, will:
1. complete a Tactical Response Report, detailing the information as requested on the report.
a. If more than one member is involved in a reportable use of force incident, each sworn member or detention aide who uses force will complete a TRR. Therefore, there may be multiple reports completed for a single incident.
b. If an object is perceived by the member as a weapon that could cause great bodily harm or death and is not actually a weapon or the object recovered is different than the perceived weapon:
(1) indicate the weapon in the "weapon" field of the TRR, if the item was actually a weapon,
Revised February 2017
93
(2) indicate the object in the "other" field of the TRR, when the item was not actually a weapon,
(3) if the item was different than perceived, indicate in the "Perceived As" field what the object was perceived to be.
EXAMPLE: If a member uses force against an assailant holding an object that the involved member perceives to be a handgun, but upon recovery, the object was determined to be a BB gun, the member will indicate "BB gun" in the "Weapon" field and "Handgun" in the "Perceived As" field.
c. Specific instructions for the completion of the form can be found in the Tactical Response Report Form Preparation Instructions (CPD-63.467) or the Automated TRR Application Help Documentation.
2. submit the completed TRR to their immediate supervisor for review before the end of the involved member's tour of duty.
3. submit other required reports as indicated in the Department directive entitled "Processing Persons Under Department Control" to the station supervisor in the district of occurrence.
V. SUPERVISOR RESPONSIBILITIES
A. Reviewing Supervisor. A supervisor who has been notified of a reportable use of force incident as described in Item III-A of this directive will:
1. respond to the scene when the injury to a subject or member requires medical attention.
2. ensure that all witnesses are identified and interviewed and that required information is recorded in the appropriate reports.
3. request the assignment of an evidence technician to take photographs of subjects who have been involved in a use of force incident and are injured, allege injury, or when otherwise deemed appropriate by the supervisor.
4. ensure that other evidence is handled and processed according to existing Department procedures.
5. review the portion of the TRR completed by the involved member and:
a. if the TRR is incomplete or insufficient, return the TRR to the member.
b. if appropriate, attest to the completeness of the report.
6. complete the TRR for a member who is unable to complete the report.
NOTE: The TRR will not substitute for an Officer's Battery Report. Whenever a member is the victim of a murder or any type of a battery or an assault, whether such charges are placed against an offender or not, the supervisor will ensure an Officer's Battery Report is completed.
Revised February 2017
94
7. ensure the appropriate case report is completed for the incident, consistent with the guidelines established in the Incident Reporting Guide (IRG) (CPD-63.451).
NOTE: A case report is required even if the TRR resulted from an incident that would not otherwise require a report (e.g., warrant arrests). Members will refer to the IRG section entitled "Special Case Reporting Index for Use of Force Incidents" for specific reporting instructions.
8. ensure immediate notifications in Item IV-A are completed.
9. ensure additional notifications are made consistent with the Department directives entitled:
a. "Firearms Discharge Incidents Involving Sworn Members;" and
b. "Other Weapons Discharge Incidents."
10. notify the Independent Police Review Authority (IPRA) to obtain a complaint log (CL) number for the following incidents:
a. the use of deadly force,
b. the discharge of a firearm,
c. the discharge of a Taser,
d. the discharge of a personal Oleoresin Capsicum (OC) device or other chemical agent,
e. the use of excessive force or an allegation of excessive force, and
f. the death or life-threatening injury to a member of the public that resulted directly from an action or intentional omission of a Department member.
B. For reportable use of force incidents, the following ranked supervisor will be responsible for the approval of all TRRs from the same incident:
1. The exempt-level incident commander will review and approve the following types of incidents:
a. the discharge of impact munitions or a firearm by a Department member, excluding discharges to destroy an animal;
b. a member’s use of force, by whatever means, that results in serious injury or death of any individual; and
c. any lesser use of force by a Department member when that use of force stems from the same incident in which another member used force described in Items V-B-1-a or V-B-1-b of this directive.
2. A member the rank of captain or above assigned to the district of occurrence will review and approve TRRs for the following incidents:
Revised February 2017
95
a. the discharge of a firearm for the destruction of an animal with no human injury, and
b. any incident normally investigated under Item V-B-3 of this directive when a lieutenant in the district of occurrence is not available.
3. A member the rank of lieutenant or above assigned to the district of occurrence will investigate all other incidents.
NOTE: If a district supervisor the rank of lieutenant or above is unavailable, the district station supervisor will follow the appropriate procedures established by the Bureau of Patrol to ensure the TRR is completed and approved.
C. Approving Supervisor. The assigned supervisor described in Item V-B will:
1. review the TRR and complete the section of the TRR entitled "Lieutenant or Above/Incident Commander Review."
2. when reviewing a TRR for a use of force incident, indicate the review and compliance with this directive after conducting an investigation by:
a. attempting to interview the subject of any use of force and record the subject's statement regarding the use of force in the space provided on the TRR.
(1) When interviewing a juvenile arrestee, the reviewing supervisor will follow restrictions outlined in the Department directive entitled "Processing of Juveniles and Minors Under Department Control."
(2) The approving supervisor will check "DNA" when the incident involves only an animal destruction or unintentional discharge.
b. documenting other investigatory information in the "Lieutenant or Above/Incident Commander: Comments" section, including but not limited to:
(1) the identification and interview of witnesses, including other Department members regarding the use of force incident;
(2) a review of all available reports;
(3) a review of all Department-recorded video (e.g., In Car Video System, lockup facility cameras, body worn cameras), if available; and
(4) any allegations of excessive force.
3. ensure a notification to IPRA was made pursuant to Item V-A-10 of this directive.
NOTE: The approving supervisor will indicate if a notification to IPRA was made and include the Complaint Log (CL) number on the TRR.
4. use the "Attachment" section located under the "Involved Member Information" section of the TRR to attach copies of the following Department reports that are related to the incident involving the completion of the TR
Revised February 2017
96
a. case reports,
b. Supplementary Report,
c. Arrest Reports,
d. Inventory Reports,
e. Injury on Duty reports, and
f. any other pertinent Department report.
5. if appropriate, approve the report.
Eddie T. Johnson Superintendent of Police
15-211 MWK/TSS
Revised February 2017
97
APPENDIX F
CPD GENERAL ORDER G02-01-03: INTERACTIONS WITH TRANSGENDER, INTERSEX, AND GENDER NONCONFORMING INDIVIDUALS
I. PURPOSE
This directive:
A. establishes policies for interactions with transgender, intersex, and gender nonconforming (TIGN) individuals to provide for their safety. Consistent with the General Order entitled "Human Rights and Human Resources," Department members will:
1. treat all persons with the courtesy and dignity which is inherently due every person as a human being. Department members will act, speak, and conduct themselves in a professional manner, recognizing their obligation to safeguard life and property, and maintain a courteous, professional attitude in all contacts with the public.
2. not exhibit any bias, prejudice, or discriminate against a TIGN individual or group of TIGN individuals.
B. defines certain terms which pertain to processing TIGN persons under Department control.
C. establishes procedures for processing TIGN arrestees under Department control.
II. DEFINITIONS
A. Cross-Dresser – A term that refers to people whose dress is typically associated with the opposite sex. B. Gender Identity or Expression – The actual or perceived identity or behavior of a person as being male or female.
C. Intersex – A group of conditions where there is a discrepancy between the external genitalia and the internal genitalia (testes and ovaries).
D. Sexual Orientation – An individual’s enduring romantic, emotional, and/or sexual attraction to individuals of a particular gender.
Revised February 2017
98
E. Transgender – Refers to any person whose gender identity or expression differs from the one which corresponds to the person’s sex at birth. This term includes transsexuals, intersex individuals, and others whose identity are perceived to be gender nonconforming.
F. Transsexual – A person whose personal sense of their gender conflicts with their anatomical sex at birth.
III. GUIDING PRINCIPLES
A. Members will:
1. respectfully treat TIGN individuals in a manner appropriate to the individual’s gender expression;
2. use pronouns as requested by the TIGN individual (e.g., “she, her, hers” for an individual who self-identifies as a female; “he, him, his” for an individual who self-identifies as a male);
NOTE: If members are uncertain by which gender the individual wishes to be addressed, members will respectfully ask the individual for clarification.
3. when requested, address a TIGN individual by a name based on their gender identity rather than that which is on their government-issued identification;
4. conduct strip searches as delineated in the Department directive entitled “Conducting Strip Searches.”
5. conduct protective pat downs as delineated in the Department directive entitled "Investigatory Stop System."
B. Members will not:
1. stop, detain, frisk, or search any person in whole or in part for the purpose of determining that person’s gender or in order to call attention to the person’s gender expression;
NOTE: The above limitation does not prevent a member from following the established Department procedures relative to ensuring the proper processing of arrestees.
2. use language that a reasonable person would consider demeaning or derogatory, in particular, language aimed at a person’s actual or perceived gender identity or expression or sexual orientation;
3. consider a person’s gender identification as reasonable suspicion or prima facie evidence that the individual is or has engaged in a crime, including prostitution;
4. disclose an individual's TIGN identity to other arrestees, members of the public, or non- Department members, absent a proper law enforcement purpose.
Revised February 2017
99
C. Members will not unreasonably endanger themselves or another person to conform to this directive.
IV. GENDER CLASSIFICATION OF TIGN ARRESTEES FOR DEPARTMENT PURPOSES
A. An arrestee's gender will be classified as it appears on the individual’s government-issued identification card.
NOTE: The Illinois Secretary of State designates the gender on an identification card based upon appropriate documentation submitted to the Secretary of State.
B. The exception to the government-issued identification card policy are those arrestees who are post operative gender re-assigned from:
1. male-to-female will be processed as a female;
2. female-to-male will be processed as a male.
C. In the event that a government-issued identification card is unavailable the following criteria will be used in determining gender: If the arrestee states they:
1. have male genitalia, the arrestee will be classified as a male;
2. do not have male genitalia, the arrestee will be classified as a female.
D. In the event that there is uncertainty regarding the appropriate classification of an arrestee's gender, a supervisor will be consulted for further guidance on the appropriate classification.
V. PROCEDURES INVOLVING TIGN ARRESTEES
A. Searches of TIGN Individuals
1. Protective pat downs will be conducted by a member who is the same gender as the arrestee based on the gender guidelines as delineated in Item IV of this directive and in accordance with established Department procedures. A protective pat down is defined in the Department directive entitled "Investigatory Stop System."
EXCEPTION: If a member of the same gender is not immediately available, officer or public safety is compromised, and it is imperative that an immediate search be conducted, members will not endanger themselves or the public to comply with this requirement. Members will exercise caution when conducting a protective pat down of the outer garment of persons of the opposite sex.
2. Members taking TIGN individuals into custody, accepting custody from other members, or conducting custodial and/or strip searches of TIGN individuals will be responsible for conducting a thorough search in accordance with established Department procedures.
Revised February 2017
100
a. The gender of the Department member(s) performing custodial searches of TIGN individuals, including custodial searches incident to arrest, prior to transport, and within a designated holding facility, will be based on the gender guidelines as delineated in Item IV of this directive.
b. When requested by a TIGN individual, a Department member of the TIGN individual's gender identity or expression will be present to observe the custodial search. When practical, this observing member will be a sworn supervisor.
3. Members will not conduct more frequent or more invasive searches of TIGN individuals than other individuals.
4. Requests to remove identity-related items such as prosthetics, clothing, wigs, and cosmetic items will be consistent with requirements for the removal of similar items for non-TIGN arrestees.
3. The possession of a needle which is purported to be for hormonal use will not be presumed to be evidence of criminal misconduct, especially, if the person being stopped or arrested has documentation from a physician for being in the process of a sex change.
B. Whenever practical, TIGN arrestees will be transported alone in a passenger vehicle, van cell, or squadrol compartment.
1. When requested by a TIGN individual, a Department member of the TIGN individual's gender identity or expression will be present during the transport.
2. When requested by a TIGN arrestee being transported from a holding facility to a court, the TIGN arrestee will be transported separately from the male and female transports.
3. In situations with multiple TIGN arrestees, mass arrests, where a member of the TIGN individual's gender identity or expression is unavailable, or where individual transport is not practical, TIGN arrestees will be transported by gender classification, as outlined in this directive.
C. The designated holding facility of TIGN arrestees will be Central Detention.
1. Upon completion of the preliminary investigation, TIGN arrestees will be fingerprinted and photographed in the district of arrest's designated holding facility before being transported to Central Detention consistent with the procedures outlined in the Department directive "Field Arrest Procedures."
2. The designated lock-up in Central Detention will be based on the TIGN arrestee’s gender classification, as delineated in this directive.
3. Whenever practical, TIGN arrestees will be maintained in single cell occupancy.
D. Members will record TIGN individual’s gender information on Department reports in accordance with Item IV of this directive and all other demographic information as it appears
Revised February 2017
101
on their government- issued identification. Any name used by the subject other than what is listed on their government- issued identification will be recorded as an alias.
E. In the event a TIGN individual requires immediate medical care or medication, including hormone therapy, it will be provided in the same manner as any other person under Department control. The subject will be transported to the nearest approved emergency room, as delineated by the Department directive entitled, “Approved Medical Facilities,” prior to any further arrest processing.
F. If an individual explicitly informs a member that they are a TIGN person, a member finds a record for an individual (LEADS, NCIC, or any other law enforcement record) that lists a different gender from what the individual is currently presenting, or a member observes that a person is presenting a gender which is different than their gender classification, the member shall notify the lockup keeper before delivering the individual into their custody. The lockup keeper will document the information in the “Arrestee Questionnaire” section on the Arrest Report and in the "Lock-Up Keeper Comments" section by entering:
1. “TIGN Arrestee, male presenting as a female,” or
2. “TIGN Arrestee, female presenting as a male.”
G. In situations involving the transfer of TIGN prisoners (e.g., Cook County Jail, other police agencies), the lockup keeper will ensure that the paperwork accompanying the prisoner adequately describes gender identity related issues.
VI. CONFLICT PROVISION
If this directive conflicts with any Department directive, this directive will take precedence. (Items indicated by italic/double underline were added or revised)
Authenticated by: KC
T15-098 CMF
John J. Escalante Interim Superintendent of Police
Revised February 2017
102
APPENDIX G
CHICAGO POLICE DEPARTMENT SPECIAL ORDER S02-01-01: PEOPLE WITH DISABILITIES
I. PURPOSE
This directive:
A. defines terminology related to persons with disabilities.
B. describes the Americans with Disabilities Act of 1990.
C. describes the Mayor's Office for People with Disabilities.
D. describes the Illinois Disability Rights Bureau.
E. describes the Easy Access Chicago resource.
F. specifies the Department procedures for persons with disabilities.
G. cites the provisions of Chapter 720, Illinois Compiled Statutes (ILCS), relative to people with disabilities as victims of crimes.
II. GENERAL INFORMATION
A. On 26 January 1992, the Americans with Disabilities Act of 1990 (ADA) required all public services provided by state and local governments to be accessible to persons with disabilities.
B. The Mayors Office for People with Disabilities (MOPD) promotes total access, full participation, and equal opportunity for people with disabilities of all ages in all aspects of life. The office promotes an understanding of the issues of concern to people with disabilities and assists both individuals and organizations in working to comply with a variety of laws and regulations relating to disability, including the Americans with Disabilities Act of 1990. The MOPD services and programs include:
1. Disability Resources - provides information about and referrals to various services and programs.
2. Employment Services - counseling and training for job seekers, consultation and technical assistance to employers: outreach and education.
Revised February 2017
103
3. Training - independent living skills, awareness, etiquette and teletypewriter training.
4. Accessibility Compliance - site surveys, technical assistance, consultation and information about accessibility laws.
5. Public Information and Education - awareness, workshops, seminars, publications and community outreach.
6. Youth Programs - substance abuse/AIDS prevention for the Deaf and Hard of Hearing, mentoring and programs for students with disabilities.
C. The Mayor's Office for People with Disabilities staff are available Monday through Friday from 0830 until 1630 hours at 312-744-7050 or 312-744-4964 (TTY) , or evenings and weekends through Nonemergency 311, twenty-four (24) hours, seven (7) days a week.
D. Illinois Disability Rights Bureau enforces state and federal laws that protects the rights of people with disabilities to equal access to buildings, housing and services. They can be reached at 312- 814-5684 , TTY 800-964-3013 twenty-four (24) hours, seven (7) days a week.
E. Easy Access Chicago provides a listing of local resources (e.g National Center for Latinos with Disabilities, Family Resource Center on Disabilities,etc.) available for people with disabilities and their families. They can be reached at 773-388-8839.
III. DEPARTMENT PROCEDURES IN ACCOMMODATING PEOPLE WITH DISABILITIES
A. Ambulatory Devices
1. Department members will exercise care when transporting an arrestee who requires the assistance of an ambulatory device (e.g., crutch, cane, walker, wheelchair, etc.). Members will not lift or remove a person from a wheelchair unless that person has requested assistance. Members will not lift a wheelchair off the ground by hand while it is occupied, except in incidents where life threatening circumstances exist.
2. The fact that an arrestee is physically disabled does not in itself preclude the use of a restraining device (e.g., handcuffs, restraining straps, stretcher, etc.). However, handcuffing an arrestee to a wheelchair is prohibited.
3. Department members should follow procedures outlined in the Department directive entitled "Transportation of Arrestees Requiring Wheelchairs."
4. Guidance in transporting a person who uses a wheelchair is available through the Office of Emergency Management and Communications (OEMC) or Crime Prevention and Information Center (CPIC).
B. Deaf and Hard of Hearing
1. The Deaf and Hard of Hearing communicate with hand gestures and by writing. Under controlled conditions and when safe to do so, arrestees that are deaf or hard of hearing should be restrained in a manner that allows for communication without jeopardizing the safety of Department members, the arrestee, or others.
Revised February 2017
104
2. Department members will use only Department-authorized sign language interpreters for all incidents involving a person who is deaf, hard of hearing or who has a speech impairment except in the following situations:
a. when exigent circumstances exist that are not reasonably foreseeable and immediate interpretation is required to protect the safety of individuals present and prevent the loss of property.
b. when a Department service is requested by a person who is deaf, hard of hearing or has a speech impairment which is informational in nature, non-confrontational and does not require an emergency response.
NOTE: Under these circumstances, Department members may use non authorized members or non-Department members for interpretation. Family members and friends will not be permitted to interpret for deaf, hard of hearing or speech impaired individuals during a criminal investigation, unless the conversation in non-confrontational in nature and only requires obtaining basic information.
3. Department members who require a sign language interpreter to communicate with a person who is deaf, hard of hearing, or has a speech Impairment will:
a. contact CPIC to request a sign language interpreter.
b. delay the interrogation, pending the arrival of an interpreter.
c. meet with the interpreter before the interrogation process begins to familiarize him with the questions that may be asked of the accused.
d. inform the arrestee that the sign language interpreter is provided without cost to the arrestee.
e. speak clearly to the arrestee in a normal tone and avoid rushing the interrogation in a manner which will not identify all of the details of the incident being investigated.
f. inform the interpreter to maintain all interpreted and assignment related information confidential, and that they will not be permitted to counsel, advise or include their personal opinion while interpreting for an arrestee.
g. document the use of an interpreter in any report completed for the incident and record the interpreter's name and if the interpreter is not Department-authorized, the reason they were used.
4. Sign language interpreters will be positioned within sight of the deaf, hard of hearing, and/or speech impaired person. The interpreter's translation will follow closely after the words of the sworn member conducting the interrogation.
5. Family members and friends will normally not be permitted to interpret on behalf of an accused that is deaf, hard of hearing or has a speech impairment during the interrogation.
Revised February 2017
105
NOTE: Department members will not unreasonably endanger themselves or another person to conform to this restriction if circumstances exist that might pose an immediate threat or safety concern. Department members will be required to justify any actions taken when using a family member or friend to interpret.
C. Service Animals
1. Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. The ADA does not restrict the type of dog breeds that can be service animals.
2. Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
3. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. They have not been trained to perform a specific job or task, therefore they do not qualify as service animals under the ADA.
NOTE: There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.
4. When an arrestee is accompanied by a service animal,as defined in this directive, the service animal will be allowed to remain with the arrestee throughout the arrest process. The service animal should not be separated from the owner.
5. The service animal will remain with arrestee in a separate cell. The arrestee will be accompanied by a Department member when the arrestee needs to take the service animal outside the facility to relieve itself.
6. If the arrestee is arrested for a Felony or a Misdemeanor for which bond cannot be posted and the arrestee is scheduled to court, the station supervisor will:
a. assist the arrestee in contacting a friend or family member to pick up the service animal.
b. if the arrestee has no one to pick up the animal or the individual cannot pick up animal before the arrestee is transported to county or court, contact Chicago Animal Care and Control (CACC) at 312-747-1412, 24 hours, and explain that they have a service dog that requires transport to a shelter. CACC will arrange transportation to an approved shelter.
c. explain to the arrestee that CACC will transport the animal to an approved shelter. The arrestee will be given the location where the service animal will be staying
Revised February 2017
106
until the arrestee can make arrangements for the animal to be picked up by the arrestee or a person designated by the arrestee.
d. provide the arrestee's information, including the RD#, to the CACC transport officer and obtain the location where the animal will be taken and provide the shelter information to the arrestee.
7. If the animal cannot be controlled by the arrestee, station supervisors can assume that the
animal is not a legitimate service animal. The station supervisor will:
a. contact CACC to pick up the animal as prisoner property and explain the situation to them, providing arrestee's information including RD#.
b. provide the arrestee with the Legal Notice CPD-11.468 (Rev. 11/12)
c. inventory animal in accordance with procedures outlined in the Department directive entitled "Incidents Involving Animals."
Revised February 2017
107
APPENDIX H
CHICAGO POLICE DEPARTMENT SPECIAL ORDER: S06-14-03: RESPONDING TO INCIDENTS INVOLVING CITIZENSHIP STATUS
I. PURPOSE
This directive:
A. continues the procedures for responding to incidents involving citizenship status delineated in the Welcoming City Ordinance, Title 2-173 of the City of Chicago Municipal Code.
B. updates certain terms relative to the Investigatory Stop System.
II. GENERAL INFORMATION
Pursuant to federal law, the enforcement of immigration law generally rests with the Immigration and Customs Enforcement (ICE) and not with the state and local police.
III. DEFINITIONS
For the purpose of this directive, the following definitions apply:
A. "Administrative warrant" means an immigration warrant issued by ICE, or a successor or similar federal agency charged with enforcement of civil immigration laws, used as a non-criminal, civil warrant for immigration purposes.
B. "ICE" means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws.
C. "Immigration detainer" means an official request issued by ICE, or other federal agency charged with the enforcement of civil immigration laws, to another federal, state or local law enforcement agency to detain an individual based on a violation of a civil immigration law.
IV. POLICY
A. Department members will provide police service to all persons in the City of Chicago, regardless of their citizenship status.
B. Except for a reasonable time as is necessary to conduct an investigation specified in Item IV-D of this directive, Department members will not:
Revised February 2017
108
1. arrest, detain, or continue to detain a person solely on the belief that the person is not present legally in the United States or that the person has committed a civil immigration violation.
2. arrest, detain, or continue to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation's National Crime Information Center (NCIC) database, successor database, or similar database maintained by the United States, when the warrant is based solely on a violation of an (administrative) civil immigration law.
3. detain, or continue to detain, a person based upon an immigration detainer, when such immigration detainer is based solely on a violation of a civil immigration law.
C. Unless acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no department member shall:
1. permit ICE agents access to a person being detained by, or in custody of, the Department or a Department member.
2. permit ICE agents to use Department facilities for investigative interviews or other investigative purpose.
3. while on duty, expend time responding to ICE inquiries or communicating with ICE regarding a person's custody status or release date.
D. The prohibitions outlined in Items IV-B and IV-C of this directive will not apply when the investigation indicates the person:
1. has an outstanding criminal warrant.
2. has been convicted of a felony in any court of competent jurisdiction.
3. is a defendant in a criminal case in any court of competent jurisdiction where a judgment has not been entered and a felony charge is pending.
4. has been identified as a known gang member either in a law enforcement agency database or by their own admission.
E. Department members are authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law.
V. PROCEDURES
A. Absent the presence of an exception listed in Item IV-D of this directive, if an investigation reveals an individual is the subject of a(n):
1. administrative warrant that is based solely on a violation of an (administrative) civil immigration law and:
a. is not in custody, Department members will:
(1) NOT take the subject into custody for the administrative warrant.
Revised February 2017
109
(2) document the circumstances of the investigation on a Investigatory Stop Report in accordance with the procedures outlined in the Department directive entitled "Investigatory Stop System."
b. is in custody for an unrelated charge, Department members will:
(1) NOT enforce the administrative warrant.
(2) indicate the presence and non-enforcement of the administrative warrant in the narrative of the Arrest Report.
2. criminal warrant, Department members will take the individual into custody and process him or her in accordance with the procedures outlined in the Department directives entitled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control."
NOTE: Department members may consult with ICE when it cannot be immediately determined if the warrant violation is a criminal or (administrative) civil matter. However, once the determination is made, Department members will process the warrant based on the procedures outlined above.
B. If an investigation reveals that an individual is the subject of an administrative warrant and an exception listed in Item IV-D of this directive exists, Department members will take the individual into custody and process him or her in accordance with the procedures outlined in the Department directives entitled "Non-Traffic Arrest Warrant Procedures" and "Processing Persons Under Department Control."
C. Department members may seek information on immigration status during the course of an investigation into violations of the Illinois Compiled Statutes or the Municipal Code of the City of Chicago, only when the individual is in custody and:
1. declares undocumented foreign national status; or
2. does not have an entry visa but is in possession of documentation (passport, foreign drivers license, etc.) that indicates that the individual may be a foreign national; or
3. is identified by a reliable source as being an undocumented foreign national.
D. Once the Department member reasonably believes that a person in custody is a foreign national, the member will notify the station supervisor regarding compliance with the Department directive, "Procedures for the Arrest and Detention of Foreign Nationals."
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-185 CAW
Revised February 2017
110
APPENDIX I
JUVENILE COURT ACT 705 ILCS 405/5-405
(705 ILCS 405/5-401.5): Sec. 5-401.5. When statements by minor may be used.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee:
(1) continuously reads to the minor, in its entirety and without stopping for purposes of a response from the minor or verifying comprehension, the following statement: "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."; and
(2) after reading the statement required by paragraph (1) of this subsection (a-5), the public official or employee shall ask the minor the following questions and wait for the minor's response to each question:
(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(b) An oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 18 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 99th General Assembly shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or any felony offense unless:
(1) an electronic recording is made of the custodial interrogation; and
(2) the recording is substantially accurate and not intentionally altered.
(705 ILCS 405/5-405) Sec. 5-405. Duty of officer; admissions by minor.
(1) A law enforcement officer who arrests a minor with a warrant shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been arrested and where he or she is being held. The minor shall be delivered without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors.
(2) A law enforcement officer who arrests a minor without a warrant under Section 5-401 shall, if the minor is not released, immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that
Revised February 2017
111
the minor has been arrested and where the minor is being held; and the law enforcement officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for these purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed. If a minor is taken into custody for an offense which would be a misdemeanor if committed by an adult, the law enforcement officer, upon determining the true identity of the minor, may release the minor to the parent or other person legally responsible for the minor's care or the person with whom the minor resides. If a minor is so released, the law enforcement officer shall promptly notify a juvenile police officer of the circumstances of the custody and release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment and release of the minor;
(b) release the minor to their parents and refer the case to Juvenile Court;
(c) if the juvenile police officer reasonably believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors;
(d) any other appropriate action with consent of the minor or a parent.
(4) The factors to be considered in determining whether to release or keep a minor in custody shall include:
(a) the nature of the allegations against the minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the family's present situation;
(d) the educational and employment status of the minor;
(e) the availability of special resource or community services to aid or counsel the minor;
(f) the minor's past involvement with and progress in social programs
(g) the attitude of complainant and community toward the minor; and
(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning all minors taken into custody under this Act shall be maintained separate from the records of arrests of adults and may not be inspected by or disclosed to the public except pursuant to Section 5-901 and Section 5-905. (Source: P.A. 90-590, eff. 1-1-99.)
Revised February 2017
112
APPENDIX J
PUBLIC ACT 099-0882
Section 10. The Juvenile Court Act of 1987 is amended by changing Sections 5-170 and 5-401.5 as follows:
(705 ILCS 405/5-170)
Sec. 5-170. Representation by counsel.
(a) In a proceeding under this Article, a minor who was under 15 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9- 2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12- 15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout during the entire custodial interrogation of the minor.
(b) In a judicial proceeding under this Article, a minor may not waive the right to the assistance of counsel in his or her defense.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Revised February 2017
113
APPENDIX K
CPD SPECIAL ORDER S06-04 PROCESSING OF JUVENILES AND MINORS UNDER DEPARTMENT CONTROL
I. PURPOSE
This directive:
A. states Department policy regarding juveniles who come under Department control.
B. continues the policy and purpose of the State of Illinois Juvenile Justice Reform Provisions Act of 1998.
C. identifies that a minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, state, county or municipal law or ordinance, will be processed as a juvenile.
NOTE: The new age requirement applies to violations or attempted violations committed on or after 01 January 2014.
D. introduces per Public Act 99-0882, effective 01 January 2017:
1. a Juvenile Miranda Warning to be given to juveniles under 18 years of age prior to any custodial interrogation.
2. the custodial interrogation of juvenile arrestees taken into custody for all felony offenses and misdemeanor Sex Offenses will be electronically recorded.
3. the public defender must be notified and legal representation must be present for the custodial interrogation of a juvenile arrestee who is under 15 years of age and taken into custody for an offense listed in Item V-C of this directive.
E. continues the procedures for:
1. completing the Daily Log of Juveniles Taken Into Custody (CPD-24.518).
2. completing the State of Illinois Monthly Population Form For Law Enforcement (DC 1149).
3. taking a juvenile arrestee to a county jail or municipal lockup for the purpose of appearing in a physical lineup.
Revised February 2017
114
4. the processing of a juvenile taken into temporary protective custody as a result of a juvenile prostitution-related incident.
5. transporting juvenile arrestees who are to be detained at the Juvenile Temporary Detention Center.
6. processing a juvenile charged with a criminal offense in addition to traffic citations and/or traffic warrants.
7. obtaining medical clearance for juvenile arrestee who are to be detained.
8. disclosing, inspecting, and copying of information about juvenile arrestees.
9. arresting a child with disabilities arrested at a school or other agency.
F. satisfies CALEA Law Enforcement Standard Chapter 44.
II. POLICY
It is the policy of the Chicago Police Department to observe, uphold, and enforce the law impartially. Department members will at all times remain aware of and protect the rights of each juvenile who comes under Department control either as a victim or a perpetrator of a crime.
III. GENERAL INFORMATION
It is the purpose of the State of Illinois Juvenile Justice Reform Provisions Act of 1998 (705 ILCS 405/5- 101) to:
A. protect citizens from juvenile crime.
B. hold each juvenile offender directly accountable for his or her acts.
C. provide an individualized assessment of each alleged and adjudicated delinquent juvenile in order to rehabilitate and to prevent further delinquent behavior.
D. provide due process, as required by the United States and State of Illinois constitutions .
IV. SECURE CUSTODY
A. No juvenile under 10 years of age will be detained in secure custody in a police facility.
B. No minor under 12 years of age will be detained in secure custody in a police facility for more that 6 hours.
C. No juvenile who is 12 years of age or older will be detained in secure custody in a police facility for more than 12 hours unless the offense is a crime of violence in which case the minor may be detained up to 24 hours. NOTE: A "crime of violence" means murder, voluntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, armed robbery, robbery, arson, aggravated arson, kidnapping, aggravated battery, or any other felony which involved the use of force or threat of physical force or violence against another individual (720 ILCS 301/1-10).
Revised February 2017
115
D. Unless sooner released, a minor taken into secure temporary custody must be brought before a judicial officer within 40 hours for a detention or shelter care hearing to determine whether he or she shall be further held in custody.
E. Taking a juvenile into a lockup area for the purpose of fingerprinting and photographing does not automatically begin the time restriction limits listed below; it is the act of placing the juvenile in secure custody that initiates the clock.
NOTE: In all cases, the 40-hour time period includes Saturdays, Sundays, and court designated holidays.
F. The below two events will delay the commencement of the 40-hour time period:
1. if the minor is hospitalized, the 40-hour time period will not commence until the minor is released from the hospital or other place of treatment.
2. if the minor gives false information to law enforcement officials regarding the minor's identity or age, the 40-hour period will not commence until the court rules that the minor is subject to the Juvenile Court Act and not subject to prosecution under the criminal laws of this State.
G. Upon a motion filed by counsel and granted by the court, time allowed for the minor's counsel to prepare for the detention or shelter hearing will NOT count toward the 40-hour time period.
H. The time involved in any other delay shall be counted toward the 40-hour time period.
I. Any juvenile so confined will be under periodic supervision and will not be permitted to come into contact or remain with adults in custody in the police facility,
J. whenever it is necessary to take a person under the age of 18 into a police facility for any offense, Department members will avoid, if practical, handcuffing a juvenile to a stationary object or placing a juvenile in a locked room. The time-restriction clock automatically begins with any of these actions.
NOTE: Department members will not jeopardize their own safety, that of the arrestee, or others to conform to this policy
K. A juvenile may be taken to a county jail or a municipal lockup under the direct and constant supervision of a detective for the purpose of appearing in a physical lineup. The appropriate area detective unit will be notified prior to the lineup so that a detective can be assigned. The lineup will not be conducted without a detective present.
NOTE: For the purposes of appearing in a physical lineup and processing a juvenile, the sight and sound provisions shall not apply (705 ILCS 405/5-410).
L. Any adult arrested for a juvenile warrant, or an adult arrested for an offense committed when he or she was a juvenile will be processed consistent with the requirements of the Juvenile Court Act and the Department directive entitled "Processing An Adult Arrested for a Juvenile Warrant or for an Offense Committed When He or She was a Juvenile."
V. JUVENILE MIRANDA AND CUSTODIAL INTERROGATION
Effective 01 January 2017, and pursuant to Public Act 099-0882 of the State of Illinois:
Revised February 2017
116
A. the Juvenile Miranda Warning will be given prior to any custodial interrogation of a juvenile arrestee.
1. The Department member will read the following statement in its entirety, exactly as written and without pausing to verify comprehension.
a. "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."
2. After reading the above statement, the Department member will ask the juvenile the following questions and wait for the juvenile's response to each question:
a. "Do you want to have a lawyer?"
b. "Do you want to talk to me?"
3. The responses provided by the juvenile will be recorded on the appropriate report.
B. juveniles under 18 years of age in custody for felony offenses and misdemeanor Sex Offenses under
C. juveniles under 15 years of age at the time of the commission of an offense listed below will have their custodial interrogation electronically recorded and must be represented by legal counsel during the entire interrogation.
1. 720 ILCS 5/9-1 First Degree Murder
2. 720 ILCS 5/9-1.2 Intentional Homicide of an Unborn Child
3. 720 ILCS 5/9-2 Second Degree Murder
4. 720 ILCS 5/9-2.1 Voluntary Manslaughter of an Unborn Child
5. 720 ILCS 5/9-3 Involuntary Manslaughter and Reckless Homicide
6. 720 ILCS 5/9-3.2 Involuntary Manslaughter and Reckless Homicide of an Unborn Child
7. 720 ILCS 5/9-3.3 Drug Induced Homicide
8. 720 ILCS 5/11-1.20 Criminal Sexual Assault
9. 720 ILCS 5/11-1.30 Aggravated Criminal Sexual Assault
10. 720 ILCS 5/11-1.40 Predatory Criminal Sexual Assault of a Child
11. 720 ILCS 5/11-1.50 Criminal Sexual Abuse
12. 720 ILCS 5/11-1.60 Aggravated Criminal Sexual Abuse
D. the public defender must be notified and legal representation must be present for the custodial interrogation of a juvenile arrestee who is under 15 years of age and taken into custody for an offense listed in Item V-C of this directive.
Revised February 2017
117
1. Arresting members will telephone Cook County Public Defender's Office at 312-603-0500 (twenty-four hours a day, seven days a week) to notify the on call public defender of any juvenile under 15 years of age at the time of the commission of an offense listed in Item V- C.
2. Notifying members will ensure that the notification and the results are documented in the appropriate report.
VI. DEPARTMENT MEMBER RESPONSIBILITIES
A. Department members will:
1. follow the procedures outlined in Department directives entitled "Digital Recording of Interrogations" when the juvenile custodial interrogation will be electronically recorded.
2. ensure the Juvenile Miranda Warning is given to juvenile arrestees prior any custodial interrogation.
3. ensure the public defender is notified and legal representation is present for the custodial interrogation of a juvenile arrestee under 15 years of age in custody for an offense listed in Item V-C of this directive (705 ILCS 05/5-107).
NOTE: Arresting members will telephone Cook County Public Defender's Office at 312 -603-0500 (twenty-four hours a day, seven days a week) to reach the on call public defender and document the notification results on the appropriate report.
4. make reasonable efforts to ensure a parent or legal guardian is present for a custodial interrogation of a juvenile arrestee under 15 years of age in custody for any felony offense.
a. Reasonable efforts to locate a parent/guardian will include conducting a personal visit to the person's home or the parent/guardian's place of work if telephonic contact cannot be made.
b. If reasonable efforts have failed to ensure the presence of a parent or legal guardian, a detective assigned to the appropriate area detective unit will be present during the interrogation. NOTE: The requirement of having a parent or legal guardian present during an interrogation will not apply if the offense being investigated involves a victim who is a family member of the minor or the parent or legal guardian is a co-offender of the minor.
c. The member who has made reasonable efforts to have a parent or legal guardian present will document the efforts and results on the appropriate case report
d. The member conducting the interrogation will document on the appropriate case report all individuals present during the interrogation including the identity of the parent or legal guardian. B. Bureau of Detectives personnel will follow internal Bureau of Detective protocol for specific procedures on processing juveniles.
Revised February 2017
118
NOTE: Bureau of Detective personnel will notify the parent/legal guardian of a juvenile directed to court with the correct date and time of the the hearing.
C. District/Unit Supervisors will ensure: 1. members follow the procedures outlined in Department directives entitled "Digital Recording of Interrogations" when the juvenile custodial interrogation will be electronically recorded.
2. the Juvenile Miranda Warning was given to the juvenile arrestee prior to any custodial interrogation.
3. the public defender has been notified and legal representation is present for a custodial interrogation of a juvenile under 15 years of age and arrested for an offense listed in Item VC.
4. reasonable efforts were made to ensure a parent or legal guardian is present for a custodial interrogation of a juvenile arrestee under 15 years of age in custody for any felony offense.
5. the Daily Log of Juveniles Taken Into Custody form (CPD-24.518) will be maintained at each district desk under the control of the station supervisor; the log will identify the name and reason for detention for each juvenile arrested. In addition, the date and time will be recorded on the log whenever a juvenile is placed in secure custody.
6. the appropriate area detective unit will be notified prior to taking any formal statement from a juvenile arrestee when a parent / guardian is not present. The formal statement will not be taken without a parent / guardian or detective present.
7. the court information for each juvenile arrestee within the CLEAR arrest report is updated at the time that the CLEAR arrest report is in a "Ready for Court / Bond Info" status by:
a. selecting for all juvenile arrests being referred to Juvenile Court "JUVCT" in the "Court Branch" field and indicating the appropriate court date in the "Initial Court Date" field.
b. verifying for all juvenile arrests NOT being referred to Juvenile Court that the "Court Branch" and the "Initial Court Date" fields are blank. NOTE: For juvenile arrests processed at the Juvenile Intervention and Support Center (JISC), the JISC watch coordinator will ensure the required entries are properly recorded.
D. District commanders will ensure:
1. the State of Illinois Monthly Population Form For Law Enforcement (DC 1149) is completed on a monthly basis.
NOTE: The commander will designate a member to transcribe the pertinent information from the Daily Log of Juveniles Taken Into Custody onto the State of Illinois Monthly Population Form For Law Enforcement. Only data that pertains to juveniles who have been placed in secure custody will be entered on the form.
Revised February 2017
119
2. a district copy of the State of Illinois Monthly Population Form For Law Enforcement (DC 1149) is retained in the district file for one year.
3. the original and second copy of the State of Illinois Monthly Population form are submitted to the Chief, Bureau of Patrol, no later than five days after the last day of the month.
NOTE: The State of Illinois Monthly Population Form For Law Enforcement for the districts in the JISC service area will be completed by JISC personnel.
E. The Chief, Bureau of Patrol, will ensure a designated member of Bureau of Patrol Administration forwards the completed State of Illinois Monthly Population Form For Law Enforcement to the Research and Development Division no later than seven days after the last day of the month.
VII. TRAFFIC OFFENSES
In cases where a juvenile is charged with a criminal offense, in addition to traffic citations and/or traffic warrants, ALL traffic citations and warrants will be sent to Traffic Court.
A. Department members will complete all traffic-related processing in the district of arrest prior to:
1. the juvenile being processed on criminal charges; 2. the juvenile being turned over to a follow-up investigator, and;
3. transporting the juvenile to the JISC or the appropriate area.
B. Department members will list the court date, time, room number, citation number(s), and violation number (s) in the narrative portion of the Arrest Report.
C. Department members will complete all traffic warrants in the district of arrest prior to the juvenile being processed on criminal charges.
1. If a juvenile in custody on a traffic warrant is unable to post cash bail, and said warrant has been issued for a violation of the Illinois Vehicle Code or Chicago Municipal Ordinance, and is returnable to the Chicago Traffic Court, the Presiding Judge of the First Municipal District has authorized the release of the juvenile by the execution of an Individual Bond (I-Bond) in the amount of bail set on the warrant.
2. The I-Bond must be signed by the juvenile as principal and a parent or guardian must sign directly above the juvenile's signature as surety.
D. If the juvenile is in custody for a No Bond traffic warrant or a felony DUI investigation, the Department member will notify the appropriate area Special Victims investigations and follow the Youth Investigations Division current procedures.
NOTE: If DUI charges are not approved by Felony review, the case will be sent to Traffic Court and the arrestee will post cash bail or be issued an I-Bond .
VIII. PROSTITUTION RELATED OFFENSES
A. Any Department member taking a juvenile into temporary protective custody for a juvenile prostitution-related incident will:
Revised February 2017
120
1. not charge a person under the age of 18 with any prostitution-related violation. It is the policy of the Chicago Police Department to follow the precedent established under 720 ILCS 5/11-14(d) whereby a person under the age of 18 is immune from prosecution for a prostitution offense.
NOTE: Juveniles who have been taken into protective custody for prostitution are immune from prosecution for the offense of prostitution only and will be processed for any other committed offenses. 2. complete the appropriate case report documenting the incident and necessary notifications.
3. notify the Illinois Department of Children and Family Services State Central Register which will conduct an investigation within 24 hours.
4. notify the Department Human Trafficking Team (HTT) 24-hour hotline. A member of the HTT will respond to interview the juvenile and conduct a follow-up investigation. NOTE: Only after having been interviewed by a member of the Department HTT will the juvenile be released without charging.
5. ensure the juvenile is remanded to the custody of the Department HTT or the Illinois Department of Children and Family Services for further processing.
IX. TRANSPORTATION OF JUVENILES ARRESTEES WHO ARE TO BE DETAINED
A. When required, the arresting officer or transporting officer will be responsible for transportation of juvenile arrestees who are to be detained, including those arrested on juvenile arrest warrants, to the Juvenile Temporary Detention Center (JTDC).
B. Department members will adhere to the following schedules and procedures when transporting juvenile arrestees to the JTDC:
1. during regularly scheduled court days between the hours of 0600 and 1100:
a. members will report with the juvenile arrestees to the CPD Police Room and submit the necessary court paperwork to court section personnel assigned to the CPD Police Room.
b. following review of court paperwork, officers will remain with the juvenile arrestees until physical custody is transferred to the Cook County Sheriff.
2. during Saturdays, Sundays, and designed court holidays between the hours of 0600 and 0800:
a. members will report with the juvenile arrestees to the CPD Police Room and submit the necessary court paperwork to court section personnel assigned to the CPD Police Room.
b. following review of court paperwork, officers will remain with the juvenile until physical custody of youth is transferred to the Cook County Sheriff.
Revised February 2017
121
NOTE: The CPD Police Room at the JTDC will be staffed by court section personnel each day, including Saturdays, Sundays, and designed court holidays.
3. during regularly scheduled court days, Saturdays, Sundays, and court holidays that fall outside of the above-mentioned hours in Items IX-B-1 and IX-B-2.
a. members will report with juveniles to the Intake Department and submit the necessary court paperwork to JTDC staff assigned to the Intake Department.
b. following review of court paperwork, officers will remain with the juvenile until physical custody is transferred to JTDC staff.
X. MEDICAL CLEARANCE OF ARRESTED JUVENILES WHO ARE TO BE DETAINED
When necessary, the arresting officer or transporting officer will be responsible for obtaining medical clearance for juvenile arrestees prior to their admission to the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
A. The presiding judge of the Juvenile Justice Division has authorized Department members to sign for the medical examination and treatment of any juvenile in their custody who will be admitted to the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
B. Juveniles who are injured, seriously ill, taking medication, under the influence of drugs or narcotics, displaying bizarre behavior, or suffering from illnesses such as epilepsy, diabetes, asthma, etc., will be examined at a hospital prior to admission to a detention facility.
C. Particular attention must be given to eye injuries, head injuries, dog bites, open wounds, and sutures. If a Department member is aware of any injury or illness, this information should be provided to hospital personnel in order to assist them in providing appropriate medical care.
D. Department members should use Cook County Hospital facilities; however, a medical clearance from any approved hospital, as listed in the current directive entitled "Approved Medical Facilities," will suffice. The medical clearance will be obtained from the attending physician.
E. The medical clearance must be written, legible, and address the specific injuries, illnesses, or complaints. F. The medical clearance will be taken with the arrest documents and the juvenile to the Intake Department of the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
G. If the results of the medical clearance examination require that the juvenile be admitted to the hospital, the arresting/transporting officer will:
1. notify the appropriate area Special Victims Investigations or the JISC processing detective to determine if a prisoner guard detail is needed.
NOTE: Detectives will follow procedures outlined in the Juvenile Court Act, 705
ILCS 405/5-401 and 5-405 (2016) to determine the court date and the
necessity of a prisoner guard detail.
Revised February 2017
122
2. notify Crime Prevention and Information Center (CPIC) who will notify the Commander of Youth Investigations Division to help facilitate the needed assistance from the Juvenile Probation Department, State's Attorney, and Juvenile Court.
3. follow the provisions of the directive entitled "Hospitalized Arrestees."
XI. RELEASE OF INFORMATION REGARDING ARRESTED JUVENILES
A. Department members will not disclose the identity of any juvenile when releasing information to the general public relating to the arrest, investigation, or disposition of any case involving a juvenile.
NOTE: The Juvenile Court Act of 1987 enumerates limited exceptions regarding the disclosure of the identity of a juvenile charged with certain crimes; however, it is the policy of the Chicago Police Department to not disclose the identity of a juvenile when releasing information to the general public [705 ILCS 405/5-905(b)].
B. Inspection and copying of law enforcement records maintained by the Department regarding the arrests of juveniles before their 18th birthday will be restricted to the following individuals:
1. a judge of the circuit court and members of the staff designated by the judge.
2. law enforcement officers, probation officers, prosecutors, or their staff.
3. the arrested juvenile, the juvenile's parents / legal guardian and their attorneys, but only when the juvenile has been charged with an offense.
4. adult and juvenile prisoner review boards.
5. authorized military personnel. 6. persons engaged in bona fide research, with the permission of a judge of the juvenile court,provided that the publication of such research results in the nondisclosure of the identity of a juvenile.
7. persons responsible for supervising and providing temporary or permanent care and custody of the minor pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing the information will not be disclosed to any other party.
8. the appropriate school official only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds.
XII. CHILD WITH DISABILITIES ARRESTED AT A SCHOOL OR OTHER AGENCY
Pursuant to the Federal Individuals with Disabilities Education Improvement Act of 2004, when a school or other agency reports a crime committed by a child with a disability, and the child is subsequently arrested, the reporting administrator is required to ensure that copies of the child's
Revised February 2017
123
special education and disciplinary records are given to the arresting officer to be included in the arrest packet for consideration by the authorities who will adjudicate the incident. Arresting officers will:
A. accept any packet of information regarding special education status and disciplinary records that the administrator at the school or agency provides.
B. ensure that the packet provided by the school or agency is given to the detective assigned to the case for inclusion in the juvenile court paperwork.
C. in all instances, included a copy of the packet provided by the school or agency in the juvenile file following existing retention schedules.
(Items indicated by italic/double underline were added or revised)
Authenticated by: AK Eddie T. Johnson
Superintendent of Police
16-114 SDR
GLOSSARY TERMS:
1. Station Adjustment - Informal
(705 ILCS 405/5-301)
A procedure used by an investigator when it is determined that there is probable cause to believe the minor committed an offense. A juvenile will be given no more than 3 informal station adjustments statewide for a misdemeanor or a felony offense within 3 years without the prior approval of the State’s Attorney’s Office. A juvenile will be given a combined total of no more than 5 informal station adjustments statewide during his minority.
2. Station Adjustment - Formal
(705 ILCS 405/5-301)
A procedure used by an investigator when it is determined that there is probable cause to believe the minor committed an offense and there is an admission by the juvenile of involvement in the offense. A juvenile will be given no more than 3 formal station adjustments statewide for a misdemeanor offense and no more than 2 formal station adjustments for a felony offense within a 3 year period without the State’s Attorney’s Office approval. The total for formal station adjustments within the period of minority may not exceed 4 without State’s Attorney’s Office approval. 3. Status Offense
Any offense committed by a seventeen year old that would not be illegal if committed by an adult.
4. Secure Custody
A period of detention which begins when a person is placed in a locked room, police lockup, cell or handcuffing a person to a stationary object such as a cuffing rail or desk.
Revised February 2017
124
APPENDIX L
LEGAL REMINDER G04-03 JUVENILE RIGHT TO COUNSEL
Revised February 2017
125
APPENDIX M
RESTORATIVE JUSTICE HUBS
Lawndale Christian Legal Center 1530 South Hamlin Avenue Chicago, IL 60623 773-762-6381 (Office) 773-762-9121 (Fax)
New Life Centers Urban Life Skills in Little Village 4101 W. 51st St. Chicago, IL 60632 312-772-6675 (Office)
Precious Blood Ministry of Reconciliation in Back of the Yards 5114 S. Elizabeth St. Chicago, IL 60609 773-952-6643 (Office)
Community Justice for Youth Institute 3435 S. State St. Room 3C3-1 Chicago, IL 60616 312-842-5345 (Office)
Institute on Public Safety and Social Justice at Adler University 17 N. Dearborn St. Chicago, IL 60602 312-662-4000 (Office)
Austin Coming Together 5049 W. Harrison St. Chicago, IL 60644 773-417-8612 (Office) 773-378-8928 (Fax)
Mansfield Institute at Roosevelt University 430 S. Michigan Ave. Chicago, IL 60605 312-341-3500 (Office)
Circles and Ciphers (At United Church of Rogers Park) 1545 West Morse Avenue, Chicago Illinois, 60626 773-392-5165 (Office)
Revised February 2017
126
APPENDIX N
CALL SHEET
Revised February 2017
127
Revised February 2017
128
APPENDIX O
DOR
Revised February 2017
129
APPENDIX P
INJURY LOG
FDLA CLIENT INJURY LOG
Client’s Full Name: ______Date of Visit: ______
Attorney: ______Attorney Phone: ______
Indicate location of observable injuries on diagrams below using the following codes:
1) Bruise 2) Cut 3) Abrasion 4) Burn 5) Puncture 6) Fracture 7) Other (describe below)
7) Other (describe): ______
______
Circumstances of Physical Injury (How initiated/received): ______
______
Did client receive medical attention? YES NO Where and by whom? ______
______
Revised February 2017
130
APPENDIX Q
711 CONSENT FORM
RULE 711 CONSENT FORM
I, ______(“Client”), have been informed
that ______, a law student (“Rule 711 Counsel”), is
authorized to interview and counsel clients pursuant to Illinois Supreme Court Rule 711, and
that ______wor ks for and is supervised by attorneys at
First Defense Legal Aid, an authorized legal aid agency.
I, ______, he reby consent to be represented
by ______for preliminary consultation while in the
custody of law enforcement for this case, until such time as the Office of the Public Defender is
appointed, I retain private counsel, or I am released.
______Client
______Rule 711 Counsel
______Date
The above named Client has been read and understands this Consent Form, but was unable to sign his / her name.
______Rule 711 Counsel
Revised February 2017
131
APPENDIX R
BRINGING CONTRABAND INTO A PENAL INSTITUTION: 720 ILCS 5/31A- 1.1
Sec. 31A‑1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.
(a) A person commits the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
(b) A person commits the offense of possessing contraband in a penal institution when he possesses contraband in a penal institution, regardless of the intent with which he possesses it.
(c) For the purposes of this Section, the words and phrases listed below shall be defined as follows:
(1) "Penal institution" means any penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half‑way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.
(2) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined in Section 1‑3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in subsection (a) of Section 3 of the Cannabis Control Act.
(iii) "Controlled substance" as such term is defined in the Illinois Controlled Substances Act.
(iii‑a) "Methamphetamine" as such term is defined in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
(v) "Weapon" means any knife, dagger, dirk, billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
(vi) "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
Revised February 2017
132
(A) any pneumatic gun, spring gun, or B‑B gun which expels a single globular projectile not exceeding .18 inch in diameter, or;
(B) any device used exclusively for signaling or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(C) any device used exclusively for the firing of stud cartridges, explosive rivets or industrial ammunition; or
(D) any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render them incapable of normal functioning, commonly referred to as a stun gun or taser.
(vii) "Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
(A) any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(B) any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
(viii) "Explosive" means, but is not limited to, bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means, but is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
(x) "Cutting tool" means, but is not limited to, hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.
(d) Bringing alcoholic liquor into a penal institution is a Class 4 felony. Possessing alcoholic liquor in a penal institution is a Class 4 felony.
(e) Bringing cannabis into a penal institution is a Class 3 felony. Possessing cannabis in a penal institution is a Class 3 felony.
Revised February 2017
133
(f) Bringing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act into a penal institution is a Class 2 felony. Possessing any amount of a controlled substance classified in Schedule III, IV, or V of Article II of the Controlled Substance Act in a penal institution is a Class 2 felony.
(g) Bringing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act into a penal institution is a Class 1 felony. Possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.
(h) Bringing an item of contraband listed in paragraph (iv) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (iv) of subsection (c)(2) in a penal institution is a Class 1 felony.
(i) Bringing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) in a penal institution is a Class 1 felony.
(j) Bringing an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a penal institution is a Class X felony. Possessing an item of contraband listed in paragraphs (vi), (vii), or (viii) of subsection (c)(2) in a penal institution is a Class X felony.
(k) It shall be an affirmative defense to subsection (b) hereof, that such possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued pursuant thereto.
(l) It shall be an affirmative defense to subsection (a)(1) and subsection (b) hereof that the person bringing into or possessing contraband in a penal institution had been arrested, and that that person possessed such contraband at the time of their arrest, and that such contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of their arrest.
(m) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
(Source: P.A. 96‑1112, eff. 1‑1‑11.)
Revised February 2017
134
APPENDIX S
CHICAGO POLICE DEPARTMENT DEPARTMENT NOTICE D16-04: ILLINOIS ALTERNATIVE CANNABIS ENFORCEMENT FOR POSSESSION OF NOT MORE THAN 10 GRAMS OF CANNABIS
I. PURPOSE
This directive:
A. informs Department members of the changes to the Cannabis Control Act enacted as part of Illinois Senate Bill 2228.
B. introduces the:
1. Civil Law Violation - Violator Information (CPD-12.128) notice.
2. Transfer Listing for Civil Violations Complaints (CPD-22.808).
II. GENERAL INFORMATION
The changes to the Cannabis Control Act enacted as part of Illinois Senate Bill 2228 are effective immediately and are outlined below:
A. 720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams of any substance containing cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
NOTE: SB2228 makes possession of not more than 10 grams of cannabis a civil law violation punishable by a fine, instead of a misdemeanor with possible jail time. This is not an arrestable offense and is enforceable by citation only which does not require a bond.
B. 720 ILCS 550/4(b) Possession of Cannabis - more than 10 grams but not more than 30 grams of any substance containing cannabis is a Class B misdemeanor.
C. 720 ILCS 550/4(c) Possession of Cannabis - more than 30 grams but not more than 100 grams of any substance containing cannabis is a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony.
Revised February 2017
135
D. 720 ILCS 550/4(d) Possession of Cannabis - more than 100 grams but not more than 500 grams of any substance containing cannabis is a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony.
E. 720 ILCS 600/3.5(c) Possession of drug paraphernalia - Drug paraphernalia seized from a person in possession of up to 10 grams of cannabis shall constitute a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
NOTE: SB2228 makes possession of drug paraphernalia in conjunction with not more than 10 grams of cannabis a civil law violation punishable by a fine, instead of a misdemeanor with possible jail time. This offense is not an arrestable offense and is enforceable by citation only which does not require a bond.
F. 720 ILCS 550/5.3(a) Unlawful use of cannabis-based product manufacturing equipment – possession, procurement, transportation, storage, or delivery of any equipment used in manufacturing cannabisbased products such as cannisters of butane gas is a Class 2 felony.
NOTE: This does not include the legal possession of such manufacturing equipment by licensed medical cannabis cultivation centers.
III. ENFORCEMENT PROCEDURES FOR POSSESSION OF NOT MORE THAN 10 GRAMS OF CANNABIS
A. If a conflict exists, the procedures outlined in this directive take precedence over the procedures outlined in the Special Order S04-26-12 entitled "Alternative Cannabis Enforcement Program," Special Order S04-23 entitled "Ordinance Complaint Form," and Special Order S04-18 entitled "Processing Narcotics Cases" when enforcing the possession of not more than 10 grams of cannabis.
B. When encountering a subject in possession of not more than 10 grams of cannabis, Department members will:
1. take custody of the cannabis.
2. while on the scene, issue the violator a Cook County Ordinance Complaint form for the civil offense of 720 ILCS 550/4(a) consistent with the procedures outlined in the Department directive entitled "Ordinance Complaint Form." The issuing Department member will:
a. complete the "CNT 1" (Count 1) section of the Ordinance Complaint form using the Chapter "720 ILCS 550/4(a)" charge.
NOTE: Department members will not cite Municipal Code of Chicago (MCC) violations on a Cook County Ordinance Complaint form.
b. indicate the "Offense Committed" as "Possession of Cannabis - not more than 10 grams."
c. ensure that the "In that (Describe Actions)” section is completed with a detailed description that accurately corresponds to the charge cited and indicates that the cannabis recovered was not more than 10 grams.
Revised February 2017
136
d. complete the "Court Appearance" information for both adults and juveniles using the following criteria:
(1) The court date will be scheduled not less than 30 days but within 45 days from the date of issuance of the Cook County Ordinance Complaint form.
(2) The court branch will be "Traffic Court" and the court time and courtroom will be based on the member's assigned Traffic Court Minor Courtroom and time.
(3) The court address will be 50 W. Washington St., Chicago, IL.
NOTE: The issuing member is not required to appear at the initial scheduled court date. Members are reminded that any appearance in court or judicial-related proceeding requires an official notification and prior authorization.
3. issue the violator an Ordinance Complaint form regardless of whether any of the restrictions in Item II-B-3 of the Department directive entitled "Ordinance Complaint Form" apply, including a refusal to sign the citation, inability to produce valid identification, or subsequently charged with other offenses. The only mechanism Department members have to enforce 720 ILCS 550/4(a) is the Ordinance Complaint form. 720 ILCS 550/4(a) WILL NOT be listed on any Arrest report, long-form complaint, or other citation.
4. not notify the juvenile's parents/guardians of the issuance of the Ordinance Complaint, because 720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams is a civil violation.
5. not detain the violator any longer than necessary to complete the Ordinance Complaint form. Members will not detain the violator solely pending the result of a name check.
6. if appropriate, complete the appropriate Investigatory Stop Report, Curfew Violation Report, or School Absentee Report. A case report and arrest report will NOT be completed for violations of 720 ILCS 550/4(a).
7. provide the violator with:
a. the "Defendant's Copy" (yellow) of the Ordinance Complaint form.
b. a copy of the Civil Law Violation - Violator Information (CPD-12.128) notice, until such time as this information is available on the citation.
NOTE: The issuing member will document the issuance of the Civil Law Violation - Violator Information (CPD-12.128) notice by noting "Violator information given" at the end of the "In that (Describe Actions)” section of the citation.
8. without undue delay after issuing the Ordinance Complaint form, proceed with the recovered cannabis into the appropriate district station where the cannabis will be
Revised February 2017
137
inventoried. Department members will inventory the cannabis in an Evidence Bag (green) (CPD-11.511) and:
a. use the issued Ordinance Complaint form number in the "Incident Type" field.
NOTE: Department members will not include a Central Booking (CB) number or Records Division (RD) number in the "Incident Type" field when inventorying cannabis associated with a violation of 720 ILCS 550/4(a) Possession of Cannabis – not more than 10 grams.
b. select "Other" for the "Item Type" in eTrack for the cannabis.
c. indicate 720 ILCS 550/4(a) "Possession of Cannabis" charge.
d. document the violator's name and demographics in the "Recovered From" fields.
e. indicate that the inventory will be held as evidence until disposition of the case.
9. ensure the "Court Copy" of the inventory is attached to the original "Complaint" copy of the Ordinance Complaint form.
10. make the appropriate notifications when the respondent is a City of Chicago employee consistent with the Department directive entitled "City of Chicago Employee Arrest Notification."
11. compile and submit the Complaint Copy (white) and two Department Copies (goldenrod and pink) of the Ordinance Complaint form, and the "Court Copy" of the inventory to the appropriate supervisor of the unit of assignment or detail prior to the completion of the tour of duty during which the Ordinance Complaint form was issued.
C. When enforcing 720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams, Department members will:
1. not make a physical arrest.
2. not impound the vehicle.
3. not field test the cannabis.
NOTE: 725 ILCS 5/115-23 "Admissibility of cannabis" allows for the cannabis to be admitted into evidence for a violation of 720 ILCS 550/4(a) based upon the opinion testimony of a peace officer based on the officer's training and experience as qualified by the court. A field test of the cannabis is not required.
D. Department members are reminded that the exemptions and restrictions to receiving a citation listed in Item II-B-3 of the Department directive entitled "Ordinance Complaint Form" and Item IV of Department directive entitled "Alternative Cannabis Enforcement Program," DO NOT APPLY to a violation of Possession of Cannabis - not more than 10 grams, 720 ILCS 550/4(a), or Possession of Drug Paraphernalia ,720 ILCS 600/3.5(c). Both of these violations
Revised February 2017
138
will only be enforced by the issuance of a Cook County Ordinance Complaint form in ALL situations, including if:
1. Subjects are in the act of smoking cannabis.
2. Subjects are under the influence of cannabis and in control of a motor vehicle.
3. Subjects are in a school or on school grounds or property.
4. Subjects are in a public park, playground, beach, or all other publicly accessible property under Chicago Park District Control.
5. Subjects are found violating the 720 ILCS 550/4(a) during the execution of a search warrant.
E. Supervisors will ensure:
1. members under their command have an adequate supply of Ordinance Complaint forms available for use.
2. the proper enforcement and documentation of violations of 720 ILCS 550/4(a).
3. inventory procedures are conducted consistent with this and other relevant Department directives, including "Processing Narcotics Cases" and "Processing Property Under Department Control." Cannabis inventories for violations of 720 ILCS 550/4(a) will be:
a. placed in the narcotics safe.
b. listed on a separate property manifest from other narcotics and will indicate a destination of "167N - ERPS - VAULT D /NARCOTICS."
NOTE: The cannabis inventoried under this program will be sent to the Evidence and Recovered Property Section (ERPS). The inventoried cannabis will not be sent for testing to the Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C) .
4. the submitted Complaint Copy (white) and two Department Copies (goldenrod and pink) of the Ordinance Complaint form, and the "Court Copy" of the inventory are reviewed for completeness and forwarded to the unit citation clerk for processing.
F. The Commander, General Support Division, will ensure that the Equipment and Supply Section has an adequate supply of Ordinance Complaint forms available for use by sworn Department members.
G. The commanding officer, Evidence and Recovered Property Section, will ensure items inventoried under this program are processed according to the procedures outlined in this directive and the Department directive entitled "Processing Property Under Department Control."
H. When encountering a subject in possession of:
1. drug paraphernalia in conjunction with possessing not more than 10 grams of cannabis, Department members will issue an Ordinance Complaint form for a violation of 720
Revised February 2017
139
ILCS 600/3.5(c). The officer will obtain an Evidence - Property Envelope (CPD-34.559) and the paraphernalia will be inventoried and sent to the Evidence and Recovered Property Section (ERPS) to be held as evidence.
2. more than 10 grams but not more than 15 grams of cannabis, Department members will continue to follow the existing procedures outlined in Special Order S04-26-12 entitled "Alternative Cannabis Enforcement Program".
3. over 15 grams of cannabis, Department members will continue to follow the existing Department procedures outlined in Special Order S04-18 entitled "Processing Narcotics Cases."
IV. ORDINANCE COMPLAINT FORM PROCESSING
A. Only Ordinance Complaint forms issued for the civil violations of Possession of Cannabis - not more than 10 grams, 720 ILCS 550/4(a), or Possession of Drug Paraphernalia, 720 ILCS 600/3.5(c), will be processed using the following procedures. Ordinance Complaint forms issued for criminal violations will be processed according to the the procedures outlined in Special Order S04-23 entitled "Ordinance Complaint Form."
B. Unit citation clerks will:
1. complete a Transfer Listing For Civil Violation Complaints (CPD-22.808) on a daily basis (excluding holidays) by listing the submitted Ordinance Complaint forms. When completing the Transfer Listing, the unit citation clerk will ensure:
a. the Complaint Copy (white) and Department Copies (pink and goldenrod) of the Ordinance Complaint form, and the "Court Copy" of the inventory have been submitted for processing.
b. only one Ordinance Complaint form is listed per line and no lines are skipped.
c. the Transfer Listing contains the signature of both the preparing member and the station supervisor/unit commanding officer.
2. promptly forwarded the original and one copy of the completed Transfer Listing, the Complaint Copy (white) and Department Copy (pink) of the Ordinance Complaint form, and the "Court Copy" of the inventory to the Traffic Court Unit (148), via the Police Document Section.
3. maintain a copy of the Transfer Listing until the "receipted" copy of the Transfer Listing is returned to the unit from the Traffic Court Unit. The "receipted" copy of the Transfer Listing will be retained in accordance with existing records-retention requirements.
4. retain the Department Copy (goldenrod) of the Ordinance Complaint form with the associated Citation Control Sheet.
C. The commanding officer, Traffic Court Unit, will ensure:
1. the Complaint Copy (white) and Department Copy (pink) of the Ordinance Complaint form, and the "Court Copy" of the inventory received are properly listed on the Transfer
Revised February 2017
140
Listing. Any discrepancies will be brought to the attention of the originating unit commanding officer.
2. a "receipted" copy of the Transfer Listing is returned to the originating unit.
3. the "Complaint" Copy (white) of the Ordinance Complaint form and the "Court Copy" of the inventory are forwarded to the Cook County Clerk of the Circuit Court.
4. the Department Copy (pink) and the original Transfer Listing are retained in accordance with existing records-retention requirements.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
Revised February 2017
141
APPENDIX T
CPD SPECIAL ORDER S06-08: APPROVED MEDICAL FACILITIES
I. PURPOSE
This directive:
A. lists medical facilities:
1. designated by the Illinois Department of Public Health as approved to provide emergency room services as part of the State of Illinois Emergency Medical Services System.
2. designated by the Illinois Department of Human Services (IDHS) Division of Mental Health as the mental health intake facilities approved to provide emergency mental health evaluation, treatment, or hospitalization for patients transported by Department members.
3. designated to provide the Illinois Department of Children and Family Services (IDCFS) nonemergency initial health screening for juveniles to be turned over to the custody of IDCFS.
B. lists the IDHS state-operated mental health centers.
C. introduces the Cook County Community Triage Center located at 200 E. 115th Street. This facility will initially serve residents of the 005th District. This facility will provide officers with a place to take anadult, who in the officer's opinion, may need mental health or substance abuse assessment and referral services and has committed no crime for which arrest is mandatory . The CTC is available for CPD drop offs and walk -ins twenty-four (24) hours, seven (7) days a week.
II. APPROVED MEDICAL FACILITIES
A. Procedures for all persons in need of medical treatment transported by Department members.
1. Department members transporting an arrestee or other person not under arrest to an emergency room for medical treatment will transport them to the nearest approved facility listed in Items II-C, D, or E of this directive.
Revised February 2017
142
NOTE: If a trauma center and a comprehensive care hospital are approximately equidistant, the transport will be made to the trauma centers listed in Items II-C or D of this directive based on the age of the individual transported.
2. If an ambulance does the transport, the arrestee or other person not under arrest will be transported to the medical facilities deemed appropriate by the responding ambulance personnel.
3. The assigned Department members will follow the procedures outlined in the Department directives entitled “Hospitalized Arrestees,” “Miscellaneous Incident Reporting Procedures,” and “Restraining Arrestees” as appropriate.
B. If an approved medical facility refuses to accept or provide treatment for a patient brought in by a Department member, the member will follow the procedures outlined in the Department directive entitled “Liaison with Hospitals, Detoxification Facilities, and Mental Health Facilities.”
C. Department members assigned to designated districts bordering on the suburbs or Indiana will be responsible for responding to service requests that require a preliminary investigation from hospitals that may not be included in this directive, consistent with the Department directives entitled “Communication Systems and Devices” and “Preliminary Investigations.”
D. Adult Trauma Centers
Advocate Christ Medical Center Advocate Illinois Masonic Medical Center Advocate Lutheran General Hospital John H. Stroger, Jr. Hospital of C.C. Mount Sinai Hospital Medical Center Northwestern Memorial Hospital Saint Francis Hospital of Evanston
E. Pediatric Trauma Centers (Persons 15 Years of Age and Younger)
Advocate Christ Medical Center Advocate Lutheran General Hospital *Ann & Robert H. Lurie Children's Hospital of Chicago John H. Stroger, Jr. Hospital of C.C. Mount Sinai Hospital Medical Center Saint Francis Hospital of Evanston University of Chicago Hospital
F. Comprehensive Care Hospitals
Advocate Trinity Hospital Franciscan Saint Margaret Health
Revised February 2017
143
Holy Cross Hospital Jackson Park Hospital and Medical Center Little Company of Mary Hospital *Loretto Hospital MacNeal Hospital Mercy Hospital and Medical Center MetroSouth Medical Center Norwegian American Hospital *Our Lady of the Resurrection Med. Cntr. Provident Hospital of Cook County Resurrection Medical Center Roseland Community Hospital Rush University Medical Center Saint Anthony Hospital Saint Bernard Hospital Saint Joseph Hospital Saint Mary and Saint Elizabeth Medical Center *South Shore Hospital Swedish Covenant Hospital *Thorek Hospital and Medical Center University of Chicago Hospital University of Ill. Hospital and Health Sciences System Weiss Memorial Hospital West Suburban Hospital Medical Center *Not an obstetrics facility
III. DESIGNATED MENTAL HEALTH INTAKE FACILITIES A. Arrestees and persons not under arrest brought to the facilities identified in Item III of this directive by Department members will be accepted at any time on a no-decline basis.
1. If the facility refuses to evaluate the patient, the Department member at the facility will request through the Office of Emergency Management and Communications (OEMC) that a supervisor respond to the facility.
2. The responding supervisor will request that the patient be evaluated. If the facility still refuses the supervisor will notify the station supervisor/designated unit supervisor.
3. The station supervisor/designated unit supervisor will determine the next course of action if the issue cannot be resolved at the scene.
4. If a designated mental health intake facility refuses to accept or provide treatment for a patient brought in by a Department member, the member will follow the procedures outlined in the Department directive entitled “Liaison with Hospitals, Detoxification Facilities, and Mental Health Facilities.”
Revised February 2017
144
B. Procedures for arrestees charged with misdemeanors, ordinance violations, felonies, or offenses requiring a judge’s bond and in need of mental health evaluation, treatment, or hospitalization. The assigned Department members will:
1. transport him or her to the designated mental health intake facilities listed in the tables in Items III-E or F of this directive, based on the age of the arrestee, the district of occurrence, and the charge type.
2. follow the procedures outlined in the Department directives entitled “Handling Persons in Need of Mental Treatment,” “Hospitalized Arrestees,” “Miscellaneous Incident Reporting Procedures”, and “Restraining Arrestees.”
C. Procedures for persons not under arrest needing mental health evaluation, treatment, or hospitalization.
1. The assigned Department members will:
a. transport him or her to the designated mental health intake facilities listed in the tables in Items III-E or F of this directive based on the age of the non- arrestee and the district of occurrence. Non-arrestee adults will be transported according to the table in Item III-E using the “Charge Type” categories of “All” or “Misdemeanor or Ordinance Violations.”
b. follow the procedures outlined in the Department directive entitled “Handling Persons in Need of Mental Treatment” including completing and submitting any required petitions and reports, if applicable.
2. Whenever possible, prior to transporting a violent arrestee or a person not under arrest requiring mental evaluation, treatment, or hospitalization, Department members will request the Office of Emergency Management and Communications (OEMC) notify the receiving facility of the impending arrival. If no telephone extension number is indicated, ask the facility switchboard operator for the “Adult Psychiatric Intake.”
3. If the mental health intake facility determines that the person not under arrest is in need of state-operated hospitalization, that mental health intake facility will be responsible for transporting the patient to the IDHS state-operated mental health center.
D. Transports by Department members to the IDHS state-operated mental health centers identified in Item III-G of this directive will only be done in the following instances:
1. by court order in accordance with the procedures outlined in the Department directive entitled “Handling Persons in Need of Mental Treatment” or,
2. for an adult on an unauthorized absence (UA) in accordance with the procedures outlined in the Department directive entitled “Handling Persons in Need of Mental Treatment” or,
Revised February 2017
145
3. with a supervisor’s approval and the approval of the IDHS state-operated mental health center.
E. Adults (Male and Female)
NOTE: The Cook County Community Triage Center accepts adult walk-in and Department transported individuals who are NOT under arrest and in need of a crisis behavioral health assessment (mental health and substance abuse) and referral services. The Cook County Community Triage Center (CTC) will serve as an alternative facility for treating adults living with mental illness, adults living with substance abuse disorders, and those with co-occurring conditions as opposed to hospital Emergency Rooms. The CTC will serve as a resource for Department members who encounter adult individuals who are in crisis.
F. Minors (Male and Female)
For mental health purposes and for the purpose of this directive, the Illinois Department of Human Services Mental Health and Developmental Disabilities Code (405 ILCS 5/1-117) defines “Minor” as a person under 18 years of age.
Revised February 2017
146
NOTE: Whenever possible, prior to transporting a minor in need of mental evaluation, treatment, or hospitalization, Department members will request that OEMC notify the receiving facility of the impending arrival.
G. Local IDHS State-Operated Mental Health Centers
1. For the purpose of this directive, there are two IDHS state-operated mental health centers:
a. Chicago-Read Mental Health Center
b. Madden Mental Health Center
2. Transports to the IDHS state-operated mental health centers will only be allowed in instances outlined in Item III-D of this directive.
IV. IDCFS INITIAL HEALTH SCREENING
A. Policy
1. Whenever a juvenile will be turned over to IDCFS and a transport to a hospital for nonemergency medical treatment or health evaluation is required, Department members will transport the juvenile to the approved Initial Health Screening Provider (IHSP) listed in Item IV-B of this directive:
a. if the IHSP is located within the district of occurrence, or
b. if the IHSP is located in a district adjacent to the district of occurrence, with a supervisor’s approval.
Revised February 2017
147
2. If the IHSP is not located within the district or in an adjacent district to the district of occurrence, members will transport the juvenile for non-emergency medical treatment or health evaluation to the nearest approved medical facility listed in Items II-C, D, or E of this directive.
B. Initial Health Screening Providers (IHSP)
**Children’s Reception Center
John H. Stroger, Jr. Hospital of C.C.
**La Rabida Children’s Hospital
*Loretto Hospital
Mount Sinai Hospital Medical Center
Provident Hospital of Cook County
Roseland Community Hospital
**Saint Anthony Hospital
**Preferred IHSP
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
16-058 SDR
Revised February 2017
148
APPENDIX U
WITNESS RIGHTS
WHEN COPS ASK QUESTIONS, STATE LAW MAY BE FOIL
April 9, 2003 Timothy P. O'Neill
In the 1940s Capt. Louis Renault referred to it as "rounding up the usual suspects."
In the 1950s TV cops called it "bringing them downtown for questioning."
Regardless, the Miranda decision in the 1960s changed forever the way police interrogate suspects.
Yet two recent decisions here in Illinois show there are issues that remain unresolved in this area of the law.
First, let's review the basics.
Generally, police are free to question anyone they please about any subject. Restrictions apply, however, when police want to interrogate a person in custody. Before there can be "custodial interrogation," the famous Miranda warnings must be given and the suspect must properly waive their rights. Miranda v. Arizona, 384 U.S. 436 (1966).
Note that police do not have to give Miranda warnings before they interrogate someone not in custody; nor do they have to give Miranda warnings if they merely take someone into custody and do not try to interrogate.
Miranda applies only to custodial interrogation.
"Custody" means that the police are restraining a person from leaving. Thus, if the police are merely asking questions of a person who is free to leave the police station at any time, they do not have to give Miranda warnings.
This, however, leads to the problem presented in a recent 7th U.S. Circuit Court of Appeals case: First Defense Legal Aid v. City of Chicago, 319 F.3d 967 (7th Cir. 2003). The case deals with people interrogated by the Chicago police who exist in a legal "twilight zone."
First Defense Legal Aid expressed concern that police “invite” to the station persons they suspect of crime but lack the evidence to charge with offenses, ask these persons for information, and keep them cooped up because they, not being formally in custody, do not receive either Miranda warnings or direct notice that they are free to leave." At 970. The opinion referred to these people as "witnesses."
First Defense, a group of volunteer lawyers seeking to represent these "witnesses," obtained a permanent injunction from the U.S. District Court ordering the Chicago police and Cook County state's attorney to both notify the "witness" when an attorney arrives at the station purporting to represent him and to allow the attorney to confer privately with that person.
Revised February 2017
149
The 7th Circuit reversed. The appeals court first noted that not only does a person being questioned in a non- custodial setting have no right to be notified that an attorney is at the station and wants to see him, but that even a person in custody and eligible for Miranda warnings has no such right under the U.S. Supreme Court's decision in Moran v. Burbine, 475 U.S. 412 (1986). Moreover, attorneys have no independent constitutional right to demand access to these witnesses, for the latter have no right to counsel under either Miranda or the Sixth Amendment.
If a witness -- who by definition is not a custodial suspect and is thus free to leave -- is refused his request to leave, the witness himself may indeed be able to obtain damages against the police. But this possibility does not mean that an attorney has any enforceable right to demand access to such a witness while he is at the police station.
Thus, the decision in First Defense does nothing to help either the witnesses or attorneys.
However, a recent decision from the 1st District Appellate Court reminds us that Illinois grants more rights to custodial suspects than does the U.S. Supreme Court. And in doing so it may grant more rights to "witnesses" as well.
Vernon Woods was taken into custody and read his Miranda rights on the afternoon of Nov. 5, 1999. People v. Woods, 2003 Ill.App. LEXIS 321 (1st Dist., March 19). Woods waived his rights and voluntarily answered questions from the police.
He was still in custody the following afternoon when attorney John Nocita arrived at the station. Woods' girlfriend had retained Nocita to represent Woods. The police refused Nocita's request to see Woods. Nocita then wrote a note telling Woods that he (Nocita) is a lawyer and advising him not to speak with the police without an attorney present. The desk officer agreed to make sure that Woods got the note.
That evening one Agent Delaney arrived at the station to continue interrogating Woods. Delaney was given Nocita's note and business card; after reading the note, he threw it away. He then told a fellow agent named Ward-Hudson that an attorney had come to see Woods and had left his business card.
Ward-Hudson in turn told Woods that an attorney had come to see him. She also told Woods that if he wanted to talk with the attorney, then she would be unable to speak with him again. Woods responded that he wanted to speak with her -- not the attorney. About 30 hours later, Woods made and signed in incriminating statement.
In attempting to suppress the statement, Woods claimed that his rights were violated when the police refused Nocita's request to see Woods at the police station.
There is no question that Woods has no such right under federal law. In Moran v. Burbine, supra, the U.S. Supreme Court specifically rejected this argument for two reasons. First, a custodial suspect who has not previously been charged with an offense has no right to counsel under the Sixth Amendment.
Second, there is no Miranda violation; the custodial suspect's Miranda waiver is not affected by whether or not an attorney happens to be at the police station. Under Moran Woods loses.
Yet Illinois has rejected Moran.
The Illinois Supreme Court grants custodial suspects more rights. It has held that a custodial suspect's rights under the state Constitution are violated when officers fail to tell the suspect that an attorney is at the station and when officers refuse an attorney who is at the station access to the suspect. People v. Chapman, 194 Ill.2d
Revised February 2017
150
186 (2000), and People v. McCauley, 163 Ill.2d 414 (1994).
This is true even if the suspect has not personally retained the attorney. For example, the family of the defendant in McCauley, unbeknown to him, retained the attorney who came to the station.
The Illinois Supreme Court has found this right to counsel in two different provisions of the Illinois Constitution: the due process clause (Article I, section 2) and the self-incrimination clause (Article I, section 10).
Thus, the police refusal to let Nocita see Woods must result in the suppression of the statement.
Yet the Woods court found a second, separate reason for suppression. It held that the failure of the police to show Woods the note from Nocita advising him not to answer questions without an attorney also violated both the Illinois due process and self-incrimination principles.
Lawyers from First Defense Legal Aid should carefully read the Woods opinion. True, Woods deals only with "custodial suspects," not "witnesses." And neither the 7th Circuit case nor Woods will prevent the police from manipulating so-called witnesses by denying they are in custody and thus refusing to read them Miranda warnings before interrogation.
But Woods does provide First Defense with a tactic. If the First Defense lawyer is refused access to one of these witnesses, the lawyer should nevertheless leave a note with the police and direct that it be given to the person. Like the note in Woods, it should warn the person not to answer any questions without a lawyer. If the witness at some point turns into a custodial suspect, Woods mandates that the police will have to show him the lawyer's note before any interrogation takes place. Moreover, if the lawyer is still at the police station at that time, the lawyer must be given immediate access.
If, however, the police later obtain incriminating statements from the witness, yet insist that Miranda warnings were unnecessary because he was never in custody, evidence of the undelivered note might cast doubt on the good faith of the police and might help the witness make the argument that he was actually in custody. The statements could then be suppressed under Woods.
Woods is a perfect example of how defendants can sometimes obtain more rights under state law than they can through the U.S. Constitution.
Reprinted with the permission of Timothy O’Neill and the Law Bulletin Publishing Company. O’Neill is a professor of law at The John Marshall Law School in Chicago. FDLA Volunteer Attorneys are encouraged to visit his Web log and archives at www.jmls.edu/oneill.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Plaintiff: KYLE DAVIS, individually and on behalf of a class of similarly situated persons;
V.
CITY OF CHICAGO, a municipal corporation and PHIL CLINE, Superintendent of the Chicago Police Department,
Revised February 2017
151
Defendants: Judge James F. Holderman, Magistrate Judge Michael T. Mason
RELEASE AND SETTLEMENT AGREEMENT
Plaintiff Kyle Davis, on behalf of a class of similarly situated persons, by his attorneys, Craig Futterman and Locke Bowman, and the defendant City of Chicago, by its attorney, Mara S. Georges, Corporation Counsel of the City of Chicago, herein stipulate and agree to the following:
1. This action has been brought by plaintiff Kyle Davis, on behalf of a class of similarly situated persons, against the defendant City of Chicago, and makes certain allegations contained in plaintiff s complaint.
2 Defendant denies each and every allegation of wrongdoing as stated in plaintiff s complaint, and, further, denies liability.
3. The parties and their respective attorneys acknowledge that settlement of this claim is not an admission of liability, or of unconstitutional or illegal conduct by or on the part of any defendant and/or the City of Chicago's future, current or former officers, agents and employees, and shall not serve as evidence or notice of any wrongdoing by or on the part of any defendant and/or the City of Chicago's future, current or former officers, agents and employees. The parties and their respective attorneys further acknowledge that settlement is made to avoid the uncertainty of the outcome of litigation and the expense in time and money of further litigation and for the purpose of judicial economy. Plaintiff and his attorneys agree that he or any firm with which said attorney is affiliated or with which said attorney may later become affiliated shall not use this settlement as notice of misconduct on the part of any defendant and/or the City of Chicago's future, current or former officers, agents and employees, or for any other purpose in any other litigation, and that any such use is inconsistent with the terms of this Release and Settlement Agreement.
4. In consideration of the hereinafter indicated settlement entered pursuant to this Release and Settlement Agreement, and upon advice of counsel, plaintiff Kyle Davis, on behalf of a class of similarly situated persons, agree to dismiss with prejudice all of the class claims against the Defendant City of Chicago. Concerning costs and attorneys' fees, defendant City of Chicago does not object to plaintiff Kyle Davis, on behalf of a class of similarly situated persons, filing a fee petition with the Court not to exceed the amount of $250,000.00.
5. Plaintiff Kyle Davis, on behalf of a class of similarly situated persons, accepts the terms enunciated below in Paragraph (6) as a full and final settlement from defendant City of Chicago.
6. The City of Chicago has implemented Detective Division Special Order No. 07- 05, Treatment of Witnesses [Rescinds D.D.S.O. 06-01 and D.D.S.O. 06-0 I A; Attached hereto as Exhibit A]. The Chicago Police Department may, in its discretion and in good faith, modify, amend, rescind or revise the Detective Division Special Order and/or Training Bulletin regarding the treatment of witnesses; however, such modification, amendment, rescission, or revision will not diminish the right of a witness to leave a police facility, including informing a witness under the circumstances outlined in Special Order 07-05, §§ V D and VIII Note, of his or her right to leave a police facility, subject to a change in the governing law of police conduct pertaining to the right of a witness to be informed of his or her right to leave a police facility.
7. Nothing in paragraph 6 of the Release and Settlement Agreement shall be construed to create a consent decree between the parties or to permit this Court to retain jurisdiction, after entry of the Order of Dismissal, over the enforcement of this Release and Settlement Agreement, pursuant to Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006).
Revised February 2017
152
8. In consideration of this settlement entered pursuant to this Release and Settlement Agreement, and upon advice of counsel, plaintiff agrees to indemnify and hold harmless the City of Chicago, and its future, current, or former officers, agents and employees, from any claims, losses, damages or expenses, including attorneys' fees and costs, incurred, or which may be incurred, by reason of any lien or any other claim or interest held by any person, entity or corporation against any moneys received or to be received by plaintiff under this settlement entered pursuant to this Release and Settlement Agreement.
9. Plaintiff, upon advice of counsel, understand and agree that in consideration of the settlement entered pursuant to this Release and Settlement Agreement, plaintiff, on behalf of a class of similarly situated persons, do hereby release and forever discharge on behalf of themselves and their heirs, executors, administrators and assigns, all injunctive claims he, as a class representative, had or has against the City of Chicago, and its future, current or former officers, agents and employees, including but not limited to all claims he had, have, or may have in the future, under local, state, or federal law, arising either directly or indirectly out of the incident which was the basis of this litigation, and that such release and discharge also is applicable to any and all unnamed and/or unserved defendants.
10. This Release and Settlement Agreement and any documents that may be executed under paragraph 13 herein contain the entire agreement between the parties with regard to the • settlement of this action, and shall be binding upon and inure to the benefit of the parties hereto, jointly and severally, and the heirs, executors, administrators, personal representatives, successors, and assigns of each.
11. This Release and Settlement Agreement is entered into in the State of Illinois and shall be construed and interpreted in accordance with its laws. Terms contained herein shall not be construed against a party merely because that party is or was the principal drafter.
12. In entering into this Release and Settlement Agreement, plaintiff represents that he has relied upon the advice of his attorney, who is the attorney of his own choice, and that the terms of this Release and Settlement Agreement have been interpreted, completely read and explained to him by his attorney, and that those terms are fully understood and voluntarily accepted by plaintiff. Plaintiff also represents and warrants that no other person or entity has or has had any interest in the claims or causes of action referred to herein, that he and his attorney have the sole right and exclusive authority to execute this Release and Settlement Agreement and receive the consideration specified herein, and that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of action referred to herein.
13. All parties agree to cooperate fully and to execute a Stipulation to Dismiss and any and all supplementary documents and to take all additional actions which are consistent with and which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release and Settlement Agreement.
Revised February 2017
153
APPENDIX V
KNOW YOUR PLAYERS
Revised February 2017
154
APPENDIX W
CPD SPECIAL ORDER S03-06: SQUADROL OPERATING PROCEDURES; CPD SPECIAL ORDER DETENTION FACILITIES GENERAL PROCEDURES & RESPONSIBILITIES
I. PURPOSE
This directive outlines the functions of the squadrol and provides procedures for sworn Department members assigned to squadrol duty.
II. POLICY
The Department is committed to ensuring that arrestees and other persons requiring police intervention in obtaining medical treatment or transportation are conveyed in a safe manner. Arrestees and other persons in need of these types of services will be transported by a squadrol in most circumstances.
III. RESPONSIBILITIES
A. The primary responsibility of squadrol officers is mission-oriented patrol. These responsibilities include, but are not limited to, the following:
1. The protection of life and property.
2. The enforcement of statutes and ordinances.
B. Additional responsibilities of squadrol officers include, but are not limited to, the following:
1. The transportation of:
a. arrestees to the unit of processing, investigation, or detention.
b. sick or injured arrestees or other persons directly to an approved medical facility specified in the Department directive entitled "Approved Medical Facilities."
c. arrestees or other persons in need of mental treatment to a designated mental health intake facility specified in the Department directive entitled "Approved Medical Facilities."
Revised February 2017
155
d. public inebriates in accordance with the Department directive entitled "Alcohol and Drug Dependent Persons."
e. deceased persons, when necessary.
f. evidence and recovered property, when necessary.
g. police officers in the performance of their duties.
2. Other police purposes, when authorized by a sworn supervising member.
C. A squadrol will not be used to transport sick or injured persons:
1. from one private hospital to another private hospital.
2. from a hospital after being admitted as a patient, except as described in Item VI-D of this directive.
IV. GENERAL DUTIES
A. Squadrol officers are responsible for the safety, security, and care of persons or property under their control.
B. Two officers will be assigned to the squadrol for each tour of duty.
C. Driver responsibilities include, but are not limited to, the following:
1. inspection of the squadrol;
2. inspection and maintenance of the emergency equipment;
3. ensuring that the compartment window is kept clean;
4. safe operation of the squadrol.
NOTE: The squadrol is not authorized for use in a vehicle pursuit.
D. Attendant responsibilities include, but are not limited to, the following:
1. Assisting the driver in the safe operation of the squadrol, including directing the driver when reversing.
2. Observing through the compartment window the arrestees and other persons being transported to monitor their safety.
3. Completing proper reports when an assignment is given by the Office of Emergency Management and Communications (OEMC) or when encountering an investigation "on- view," except as described in Item VII-B-2-a of this directive.
NOTE: The attendant will not be responsible for the completion of case or arrest reports when the squadrol is assigned to assist in an investigation.
Revised February 2017
156
The assigned preliminary investigators will complete the proper reports recording the type of service that the squadrol officers provided in the narrative.
4. Riding in the rear compartment as required for the safety or security of the arrestees or other persons being transported.
E. Squadrol officers assigned to a transport out of the squadrols assigned district will return to service immediately after completing the transport by informing the OEMC dispatcher that they are en route to the district of assignment.
V. ACCEPTING AND TRANSPORTING ARRESTEES FROM THE FIELD
A. Squadrol officers will take custody of and transport arrestees from other sworn officers when:
1. an Arrest Report (CPD-11.420) and signed complaint for each arrestee is received from the arresting officer, or
2. the arresting officer accompanies the squadrol to the detention facility or to the district in which the arrest was made to complete the proper reports and complaints.
NOTE: These procedures may be modified during mass arrest situations as outlined in the Department directive entitled "Mass Arrest Procedures" or when circumstances require the arresting officer to remain at the location of arrest.
B. Squadrol officers will search all arrestees in their custody before placing them in the squadrol. Searching of arrestees will be conducted by an officer of the same sex. However, this does not prevent an officer from conducting a "search for safety" of any bags or outer garments of a member of the opposite sex.
C. Squadrol officers will search the compartment(s) after each transport and will:
1. inventory any evidence or contraband discovered consistent with the Department directive entitled "Inventory System for Property Taken into Custody."
2. inform the arresting officers of any inventory completed consistent with Item V-C-1.
D. Arrestees will be restrained in accordance with the Department directive entitled "Restraining Arrestees." Handcuffing, flex-cuffing, or ankle-cuffing an arrestee to any part of the vehicle is prohibited.
E. Male arrestees will not be transported with female arrestees in the same compartment.
F. Juvenile arrestees will not be transported with adult arrestees in the same compartment.
Revised February 2017
157
G. Individuals who are witnesses or parties to the same crime will not be transported in the same compartment.
VI. SICK OR INJURED ARRESTEES
A. A squadrol will be used to transport sick or injured arrestees when:
1. a fire department ambulance is not available, and
2. a medical emergency exists.
NOTE: A medical emergency exists when in the members professional judgment a person is in need of immediate medical attention for a sickness or injury and delay in receiving that attention may endanger their life.
B. After admission to the lockup, a sick or injured arrestee requiring nonemergency medical care will, unless transportation in another Department vehicle is authorized by the district station supervisor of the district of detention, be transported by squadrol to the nearest approved medical facility specified in the Department directive entitled "Approved Medical Facilities."
NOTE: If the arrestee requires a wheelchair, a privately owned Specially Equipped Vehicle will be ordered, as outlined in the Department directive entitled "Transportation of Arrestees Requiring Wheelchairs."
C. If the arrestee is to remain in the hospital by a physician's order, the squadrol officers will:
1. notify the district station supervisor from the district of arrest to request a hospital guard detail.
NOTE: Before furnishing the hospital guard detail, the district station supervisor in the district of arrest will ensure that CPIC is contacted for approval as outlined in the Department directive entitled "Hospitalized Arrestees."
2. remain with the arrestee until relieved of duty. The attendant will complete and submit a Miscellaneous Incident Exception Report (CPD-11.419) to the district of arrest providing the following information:
a. Name, star number, district, beat number of the relief hospital guard detail officer, and
b. Arrival time of the relief hospital guard detail officer.
D. When an arrestee is to be transferred from a private hospital to the John H. Stroger, Jr. Hospital of Cook County, the arrestee will be transported by squadrol, unless the attending physician determines the arrestees condition requires a private ambulance.
NOTE: When a private ambulance is used for an arrestee transport, the sworn Department member assigned as the arrestee’s hospital guard detail officer will accompany the arrestee in the private ambulance.
Revised February 2017
158
VII. OTHER SICK OR INJURED PERSONS - NONARRESTEES
A. Public inebriates who, in the members professional judgment do not require immediate medical attention, will be transported by squadrol in accordance with the procedures outlined in the Department directive entitled "Alcohol and Drug Dependent Persons."
B. Squadrol officers encountering a medical emergency will:
1. notify the OEMC to request an ambulance, if necessary, and
2. if informed by OEMC that no ambulance is available, immediately transport the person to the nearest approved medical facility specified in the Department directive entitled "Approved Medical Facilities."
a. If the person transported is the victim of a crime and an on-the-scene investigation is necessary, the OEMC will assign a beat or rapid response car to the incident. The assigned beat or rapid response unit will complete the preliminary investigation and related reports.
b. If no on-the-scene investigation is required, squadrol officers will complete the report required consistent with the Incident Reporting Guide (CPD-63.451).
VIII. ARRESTEES OR OTHER PERSONS IN NEED OF MENTAL TREATMENT
A. Arrestees or other persons in need of mental treatment will be transported individually by squadrol to an approved mental health intake facility in accordance with the Department directives entitled "Handling Persons in Need of Mental Treatment" and "Approved Medical Facilities."
NOTE: The Circuit Court of Cook County may issue a court order directing the Department to transport a person in need of mental treatment to a particular mental-health facility within Cook County. The squadrol officers will obtain a copy of the order prior to the transport in accordance with the Department directive entitled "Handling Persons in Need of Mental Treatment."
B. Restraining devices will be used if necessary or required. Handcuffing, flex-cuffing, or ankle- cuffing a person to any part of the vehicle is prohibited.
IX. ARRESTEES OR OTHER PERSONS INFECTED WITH CONTAGIOUS DISEASES
A. An arrestee or other person infected with a contagious disease and requiring transport by a Department vehicle will be transported in accordance with Items VI-A and B, VII-A and B, or VIII-A of this directive as appropriate.
B. Members exposed to contagious diseases will follow the procedures outlined in the Department directives entitled "Communicable Diseases and Infection Control" and "Medical Policy."
C. A squadrol used to transport persons infected with a contagious disease will not be returned to service until it is decontaminated by the Department of Fleet Management.
Revised February 2017
159
X. EQUIPMENT
A. When a squadrol becomes inoperative during a tour of duty, squadrol officers will transfer the equipment to a replacement squadrol. If the replacement vehicle already contains equipment or if there is no replacement vehicle, the equipment will be turned in for storage at a secure location within the unit of assignment designated by the station supervisor.
NOTE: Squadrol officers will ensure a full accounting of all required equipment prior to storing the equipment in the location designated by the station supervisor. All discrepancies will be brought to the attention of the station supervisor for investigation in accordance with the Department directive entitled "Department Vehicles."
B. Replacement body bags and shrouds may be obtained from the Equipment and Supply Section, using normal material requisitioning procedures.
(Items indicated by italics/double underline were added or revised)
Authenticated by: RMJ
02-064/12-003 AOG(PMD) [dw]/AMR
Garry F. McCarthy Superintendent of Police
Revised February 2017
160
APPENDIX X
SPANISH TRANSLATIONS
What if I Don’t Speak Spanish?
If you receive a call to represent a client who does not speak English, ask the answering service to contact an interpreter. The interpreters are available to interpret over the telephone. Refer to the phrases below to communicate with the client at the police station.
SPANISH PHRASES FOR FDLA ATTORNEYS
I am your attorney. My name is ______. The name of my organization is First Defense Legal Aid (Ayuda Legal de Primera Defensa).
Yo soy tu abogado. Mi nombre es ______. El nombre de mi organización es Ayuda Legal de Primera Defensa (First Defense Legal Aid).
Your family retained me to represent you while you are in police custody.
Tu familia me contrató para representarte en la estación de policía.
I do not speak Spanish but the interpreter is on the way to the police station.
Yo no hablo español pero el intérprete está de camino y va a venir a la estación de policía.
It is very important that you do not answer any questions from police officers, detectives, assistant state’s attorneys or anyone else who works for the police department.
Es muy importante que no contestes ninguna pregunta que haga ningún policía, detective, Asistente al Fiscal o ningún otro empleado de la policía.
You should not sign anything or submit to a lie detector test.
Tampoco debes firmar nada ni someterte a una prueba de detector de mentira.
This is a Notice of Representation and Declaration of Rights; it explains your rights while in police custody and tells the police that you’re represented by First Defense Legal Aid. Please read & sign it.
Este Aviso de Representación y Declaración de Derechos explica tus derechos mientras estás bajo arresto y le dice a la policía que estás representado por First Defense Légal Aid. Por favor léalo y fírmelo.
Revised February 2017
161
IF THE CLIENT IS CALLING FROM THE POLICE STATION
Si el cliente está llamando de la estación de policía What is your name and date of birth?
¿Cuál es su nombre y su fecha de nacimiento?
Which police station are you at right now?
¿En cuál estación de policía está ahorita?
I am on my way to the police station now.
Voy en camino a la estación de policía ahorita.
Do not speak to anyone at the police station until I arrive.
No hable con nadie en la estación de policía hasta que llegue.
The only statement you should make to police is “I will not talk; I want my lawyer.” Then remain silent.
La única cosa que debe decir a la policía es “I will not talk; I want my lawyer.” (No voy a hablar, quiero a mi a abogado), luego guarda silencio.
IF THE CLIENT HAS BEEN CHARGED
You have been charged with ______, a misdemeanor. Being charged does not mean you are guilty of anything.
Usted ha sido formalmente acusado de ______, un delito menor. Ser acusado formalmente no quiere decir que usted ha sido hallado culpable de nada.
You have been charged with ______, a felony. Being charged does not mean you are guilty of anything.
Usted a sido formalmente acusado de ______. Ese es un delito mayor. Ser acusado formalmente no quiere decir que usted ha sido hallado culpable de nada.
You will be released from the station (after posting bond) and given a date to appear in court.
Usted será liberado de la estación (después de pagar fianza) y le darán una fecha para aparecer en corte.
Revised February 2017
162
You will be taken to 26th and California, the county jail & court. Tomorrow, you will go to bond court where a judge will determine your bond and you will be assigned a court date for your case.
Usted será llevado a la veintiséis (26) y California, la cárcel y corte del condado. Mañana ira a corte donde un juez decidirá cuanta fianza tiene que pagar y le asignará una fecha de corte para su caso.
First Defense Legal Aid (Ayuda Legal de Primera Defensa) only provides representation at the police station. You will need a different lawyer for court.
Ayuda Legal de Primera Defensa (First Defense Legal Aid) solo provee representación en la estación de policía. Usted necesitará un abogado diferente para corte.
You can be assigned a public defender for free or you can hire a private attorney to represent you.
Usted puede ser asignado un defensor público que lo represente gratuitamente, o usted puede contratar un abogado privado.
SPANISH TRANSLATION OF COMMON CRIMINAL CHARGES
If it is an aggravated charge, add “Agravado” after the name of the offense. For example, Aggravated Battery is “Agresión Agravada”.
Arson Incendio Premeditado
Assault Asalto
Attempted Murder Asesinato Atentado
Battery Agresión
Child Abandonment Abandonamiento de Menor
Child Pornography Pornografía de Menores
Criminal Sexual Abuse Abuso Sexual Criminal
Criminal Sexual Assault Asalto Sexual Criminal
Criminal Trespass Intrusión o Entrada Criminal
Criminal Damage to Property Daño Criminal a Propiedad
Disorderly Conduct Conducta Desordenada
Revised February 2017
163
Domestic Violence Violencia Domestica
Driving under the Influence Manejando Bajo la Influencia del Alcohol o Drogas
Driving without a License Manejando sin Licencia
Forgery Falsificación
Fraud Fraude
Home Invasion Invasión de Hogar
Impersonating a Police Officer Personificar a un Oficial
Kidnapping Secuestro
Manslaughter Homicidio Involuntario
Murder/First Degree/Second Degree Asesinato / de Primer Grado / de Segundo Grado
Obstructing Justice Obstruir la Justicia
Possession of Cannabis Posesión de Marihuana
Possession with Intent to Deliver Cannabis Posesión de Marihuana con Propósito de Distribuirlas
Possession of a Controlled Substance Posesión de Drogas
Possession w/ Intent to Deliver C.S. Posesión de Drogas con Propósito de Distribuirlas
Prostitution Prostitución
Residential Burglary Robo Residencial
Resisting or Obstructing a Peace Officer Resistir o Obstruir a un Oficial
Retail Theft Robo de un Negocio
Robbery/Armed Robbery Robo / Robo a Mano Armada
Shoplifting Robo en una Tienda
Soliciting a Prostitute Solicitar a una Prostituta
Stalking
Theft Robo
Unlawful Restraint Cautiverio Ilegal
Revised February 2017
164
Unlawful Use of Weapons Uso Ilegal de un Arma de Fuego
Violation of Order of Protection Violación de una Orden Protectiva
Revised February 2017
165
APPENDIX Y
CHICAGO POLICE DEPARTMENT GENERAL ORDER G06-01-04: ARRESTEE AND IN-CUSTODY COMMUNICATIONS
I. PURPOSE
This directive:
A. informs Department members of certain procedures and restrictions regarding arrestee and in- custody communications.
B. continues the use of Attorney/711 Visitation Notification form (CPD-11.573) available on the Department Intranet.
C. satisfies CALEA standards in Chapter 72.
II. GENERAL INFORMATION
A. Department members will communicate with an arrestee and/or carry a communication from an arrestee to others for appropriate police purposes only.
B. Lockup personnel and detention aides will allow persons, including Department members, access to arrestees only with the express permission of the station supervisor.
C. An arrestee or person-in-custody will be notified as soon as practicable upon the arrival at the police facility of his or her legal representative.
D. An arrestee or person-in-custody may agree to or decline a visitation while in Chicago Police Department custody. Any visitation must be agreed to by the arrestee or person-in-custody.
E. In addition to an attorney, a person holding a valid 711 license issued by the Supreme Court of Illinois is authorized to visit an arrestee or person-in-custody as legal representation. A person holding a valid 711 license:
1. must have completed one-half of the total credits required for graduation from their law school and be in good academic standing.
2. can only use the 711 license while working at:
a. a legal aid bureau, legal assistance program, or clinic chartered by the State of Illinois, or
Revised February 2017
166
b. the office of the Cook County Public Defender, or
c. the Office of the Cook County State's Attorney, and
d. will not have been admitted to the Illinois Bar Association as an attorney.
III. VISITATION IN DISTRICT DETENTION FACILITIES AND DETECTIVE AREA DETENTION FACILITIES
A. Arrestees may be allowed a reasonable number of visitations for a reasonable period of time, except in cases of danger of escape. Visitors will not be permitted in the lockup facilities when a visitation area is available.
B. District desk or detective area personnel will:
1. immediately notify the station supervisor of the arrival of an arrestee's or person-in- custody's visitor.
NOTE: Independent Police Review Authority (IPRA) personnel conducting complaint investigations pursuant to their jurisdiction outlined in Chapter 2-57 of the Municipal Code of Chicago are allowed to visit arrestees or persons in Department custody, consistent with the provisions outlined in this directive.
2. enter the visitor information in the section entitled "Interview / Visitors Logs" available in the CLEAR Arrest Application if a CB Tracking Number has been assigned.
a. All visitors will be required to provide photo identification to verify their identity including:
(1) Attorneys are required to produce their valid Attorney Registration Card.
(2) A person holding a valid 711 license is required to produce the license.
Example:
(3) IPRA investigators are required to produce their valid IPRA credentials.
NOTE: IPRA investigators will also provide the Complaint Log (CL#) number associated with the visit to be included in
Revised February 2017
167
the section entitled "Interview / Visitors Logs" available in the CLEAR Arrest Application.
b. Visitors refusing to provide required information (i.e., name, address, telephone number, and relationship) will not be permitted to visit an arrestee or person- incustody.
3. indicate in the section entitled "Interview / Visitors Logs" available in the CLEAR Arrest Application whether or not the visit was agreed to and/or conducted.
4. if the visit is from an attorney or person holding a valid 711 license, complete an Attorney/711 Visitation Notification form, present the form to the arrestee, and follow the procedures outlined in Item V of this directive.
C. Station supervisors or designated supervisors will:
1. allow visitation by attorneys if they are licensed to practice law and possess sufficient personal and professional identification.
2. allow visitation by a person holding a valid 711 license.
NOTE: Department members will notify an arrestee or person-in-custody of the arrival of legal representation, even if the person has not requested it. However, any visitation must be agreed to by the arrestee or person- incustody from an attorney or person holding a valid 711 license.
3. allow visitation by other persons who have provided the required personal information unless, in the judgment of the station supervisor, it would not be prudent to do so at that time. In this case, the station supervisor must have a sound, articulable justification for denying the visitation request.
D. Lockup personnel and detention aides will:
1. enter the date and time the visitor enters and leaves the lockup in the appropriate field in the Arrest Report.
2. search arrestees in accordance with Department directives, policy, and procedure prior to returning them to their cells.
3. comply with existing rules, regulations, and directives relating to arrestees and their safekeeping.
IV. VISITATION IN OTHER POLICE FACILITIES
In the event of the arrival of an attorney, a person holding a valid 711 license, or IPRA investigator at a police facility other than a district station or detective area, Department personnel assigned to the facility will:
A. immediately notify the unit's on-duty supervisor of the arrival of the attorney, a person holding a valid 711 license, or IPRA investigator.
B. All visitors will be required to provide photo identification to verify their identity including:
Revised February 2017
168
1. attorneys are required to produce their valid Attorney Registration Card or similar credentials.
2. a person holding a valid 711 license.
3. IPRA investigators are required to produce their valid IPRA credentials.
NOTE: If the visitor refuses to provide required information (i.e., name, address, and telephone number), he or she will not be permitted to visit the arrestee or person-in-custody.
C. if the visit is from an attorney or a person holding a valid 711 license, complete an Attorney/711 Visitation Notification form, present the form to the arrestee, and follow the procedures outlined in Item V of this directive.
V. ATTORNEY AND PERSONS HOLDING A VALID 711 LICENSE VISITS
The Procedures Below Apply to Attorney and Persons Holding a Valid 711 License Visits
A. Any person-in-custody, including a juvenile under the age of 18, has the right to an attorney visitation, even if the person is not going to be interviewed. However, attorneys requesting to meet with a juvenile will either have to provide a written authorization from the juvenile's parent or guardian, which can be confirmed by contacting the parent or guardian, or the parent/guardian must be present at the time the attorney meets with the juvenile.
NOTE: Department members may contact the parent/guardian by telephone to inform them of the attorney's request and to obtain permission for the attorney to meet with the juvenile.
B. An arrestee or person-in-custody may agree to or decline a visitation while in custody. When the arrestee or person-in-custody agrees to the visitation, Department personnel will:
1. have the arrestee or person-in-custody acknowledge the notification and indicate the acceptance of the visitation by checking the appropriate box and signing the Attorney/711 Visitation Notification form.
NOTE: If the arrestee or person-in-custody refuses to sign the Attorney/711 Visitation Notification form, the Department member will document the refusal by checking the "Signature Refused" box just below the signature line.
2. provide the arrestee or person-in-custody with a completed copy of the Attorney/711 Visitation Notification form.
3. allow for an on-site visitation and advise the attorney or a person holding a valid 711 license of the location of the on-site visitation area.
4. inventory the original completed Attorney/711 Visitation Notification form, separate from other items recovered when appropriate, using the procedures outlined in the Department directive entitled "Processing Property Under Department Control."
Revised February 2017
169
NOTE: Members will select the Item Type "Attorney/711 Visitation Notification" option in Step 2 of the eTrack Inventory Items drop down.
5. include a photocopy of the completed Attorney/711 Visitation Notification form in any Department file or packet completed pertaining to the arrestee or person-in-custody (i.e. arrest packet, court documents packet).
C. If the arrestee or person-in-custody declines the visitation, Department personnel will:
1. have the arrestee or person-in-custody acknowledge the notification and indicate the declination of the visitation by checking the appropriate box and signing the Attorney Visitation form.
2. provide the arrestee or person-in-custody with a copy of the Attorney Visitation form.
3. immediately notify the attorney or person holding a valid 711 license that the arrestee or person-in-custody has refused the visitation.
4. inventory the original completed Attorney/711 Visitation Notification form, separate from other items recovered when appropriate, using the procedures outlined in the Department directive entitled "Processing Property Under Department Control."
NOTE: Members will select the Item Type "Attorney/711 Visitation Notification" option in Step 2 of the eTrack Inventory Items drop down.
5. include a photocopy of the completed Attorney/711 Visitation Notification form in any Department file or packet completed pertaining to the arrestee or person-in-custody (i.e. arrest packet, court documents packet).
VI. TELEPHONE PROCEDURES
A. Arrestees will be permitted to make a reasonable number of telephone calls to communicate with their attorney, family, or friends within a reasonable period of time after their arrival at the first place of custody. If arrestees are transferred to a new place of custody, their right to communicate with an attorney, family member, or friend is renewed.
B. Members will enter the telephone number and time of the arrestee's telephone call in the box provided on the Arrest Report. Additional telephone calls will be documented in the appropriate portion of the Arrest Report.
C. Any Department member receiving any medical information regarding a person in Department custody from their attorney, family, or friends, whether it be in-person or by phone call, is responsible for immediately providing the information to the station supervisor in charge of the detention facility.
1. The station supervisor of the detention facility will:
a. document the information in the watch commander’s comments section of the Automated Arrest Report.
b. communicate the information to lockup personnel.
c. ensure the information is appropriately acted upon.
Revised February 2017
170
2. The lockup personnel will note the discussion, observations, and course of action in the lockup keepers comments section of the Automated Arrest Report.
VII. OTHER COMMUNICATION
The receipt of mail, packages, or any other written communication will be prohibited while the arrestee is in the custody of the Department.
(Items indicated by italic/double underline were added or revised)
Eddie T. Johnson Superintendent of Police 15-206 RWN
Revised February 2017
171
APPENDIX Z
CHICAGO POLICE DEPARTMENT GENERAL ORDER S04-20-01: RESPONDING TO INCIDENTS INVOLVING PERSONS IN NEED OF MENTAL HEALTH TREATMENT
I. PURPOSE
This directive provides procedures and responsibilities for responding to persons in need of mental health treatment who do not voluntarily seek treatment.
II. POLICY
A. The Chicago Police Department is committed to:
1. responding to incidents involving persons in need of mental health treatment with the foremost regard for the preservation of human life and the safety of all persons involved.
2. if a person in need of mental health treatment is dangerous to himself or others, using necessary force to prevent serious physical injury or death.
3. using physical force only to the extent necessary to restrain the subject while in Department custody.
4. only using deadly force as a last resort for the protection of life for all involved persons.
5. using time as a tactic when there is time to negotiate, de-escalate, and ensure the safety of all persons involved.
B. If a person is in need of mental health treatment, and:
1. is armed, Department members will not attempt to take the subject into custody without the specific direction of a supervisor unless there is an immediate threat of physical harm to the subject, Department members, or others.
2. is not immediately dangerous, Department members will contain the subject until assistance arrives.
3. is unarmed, not violent, and willing to leave voluntarily, Department members will take the subject into custody.
III. DEFINITIONS
Revised February 2017
172
A. A person in need of mental health treatment is an individual who appears to suffer from a mental illness or emotional disorder and is conducting himself in a manner that a Department member reasonably believes is likely to result in serious injury to himself or others.
B. Zone of safety is the distance to be maintained between the subject and the responding member(s). This distance should be greater than the effective range of the weapon (other than a firearm) and it may vary with each situation (e.g., type of weapon possessed, condition of the subject, surrounding area).
IV. PROCEDURES
A. Sworn members will not unreasonably endanger themselves or another person to conform to the procedures in this directive.
B. The first Department member on scene will:
1. assess the situation.
2. request a supervisor respond to the scene.
3. request a CIT trained officer to assist.
NOTE: Refer to Department directive entitled "Crisis Intervention Team (CIT) Response" for additional information.
4. isolate and contain the subject, if possible.
5. determine if the subject is in possession of a dangerous weapon and establish weapons control.
6. request the assistance of a SORT (Special Operations Response Team) vehicle, if appropriate.
7. establish a zone of safety.
8. use every possible means to verbally de-escalate the situation before resorting to the use of equipment, physical restraints, or other use of force options.
9. allow the subject time to process what is being said.
10. establish and maintain one on one communication with the subject and avoid giving simultaneous directions or having multiple members verbally engaging the subject to avoid confusion.
11. listen and speak in a calm and controlled tone of voice in order to gather the individual's concerns as a de-escalation strategy while helping to defuse fear, anxiety, or insecurity.
C. The Department member assigned to investigate an incident with a mental health component will:
1. complete a Mental Health - Crisis Intervention Report (CPD-15.520) only when:
a. no other report has been completed to document the incident, or
Revised February 2017
173
b. unusual circumstances exist (e.g., repeated calls to the location, history of violence).
2. when the assignment is complete, use a "Z – Zebra; Mental-Health-Related" code when requesting an RD Number for a UCR code or using the proper number-letter code from the Miscellaneous Incident Reporting Table at the conclusion of the incident.
a. When requesting an RD Number using a UCR code, a "Z - Zebra" code will be added to the UCR code, via the OEMC dispatcher or the PDT, when the incident has a mental health component.
(1) When requesting an RD Number from the OEMC dispatcher, Department members will add a "Z" to the appropriate UCR code.
EXAMPLE: "Please provide an RD Number for an 1160Z."
(2) When using the PDT, Department members will select the appropriate UCR code from the drop-down menu and will add a "Z" to the IUCR Code Box.
b. When using the proper number-letter code from the Miscellaneous Incident Reporting Table, a "Z - Zebra" code will be added to the code, via the OEMC dispatcher or the PDT, when the incident has a mental health component.
(1) When providing a number-letter code to the OEMC dispatcher, Department members will add a "Z" to the appropriate code.
EXAMPLE: "Please clear the assignment with a 19-P(Paul), Z(Zebra)."
(2) When using the PDT, members will select the appropriate incident response codes from the drop-down menus and will add a "Z" to the code in the Disposition Box.
D. Field supervisors will:
1. respond and provide supervisory guidance and support on all mental health assignments when requested, or if not requested, when feasible.
2. direct the actions of first responders, while allowing the designated member to continue interactions with the subject.
3. assess the situation to determine:
a. the appropriateness of the application of the principles of this directive and the Department's Use of Force policy.
b. whether an alternative force option is appropriate and should be considered.
c. if additional resources not already requested, including a SORT vehicle, are required.
4. establish and maintain firearms control of the Department members on scene.
Revised February 2017
174
5. designate the appropriate inner and outer perimeter for the incident.
6. continually evaluate the incident and direct appropriate actions or modification to the initial response tactics.
7. ensure that a Mental Health - Crisis Intervention Report (CPD-15.520) is completed if required under Item IV-C-1 of this directive.
8. be responsible for the collection, review, and approval of all Mental Health – Crisis Intervention Reports and the submission of the approved reports to the station supervisor.
NOTE: The station supervisor will forward all approved Mental Health – Crisis Intervention Reports to the CIT program.
9. ensure the proper use of the "Z – Zebra; Mental-Health-Related" code at the conclusion of the incident.
E. Special Weapons and Tactics (SWAT)
1. The Special Operations Response Team (SORT) are operational members of the SWAT Team assigned to mobile field patrol duties.
2. SORT has specialized training and less lethal equipment to assist district personnel in successful resolutions when handling incidents involving persons in need of mental health treatment.
3. SORT will provide a tactical response when the potential for injury or loss of life is present in cases of incidents involving persons in need of mental health treatment and the circumstances are beyond the available resources of the district response.
Eddie T. Johnson
Superintendent of Police
16-119 MWK
S04-20-01 Responding to Incidents Involving Persons in Need of Mental Health
Treatment
Revised February 2017