Chicago Police DepartmentSpecial Order S06-01
Processing Persons Under Department Control
Issue Date:29 January 2015Effective 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 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 witness 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 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 criterion 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.
    • 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 entitledArrestee 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
      • 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.
    • 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:
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:
ADDENDA:
1.S06-01-01 - Releasing Arrestees Without Charging and Waiving Fingerprint Results
2.S06-01-02 - Detention Facilities General Procedures and Responsibilities
3.S06-01-04 - Arrestee Identification Process
4.S06-01-05 - Miscellaneous Detention Facility Topics
5.S06-01-06 - Arrest Report and Related Documents
6.S06-01-07 - Required Lockup Standards and Reporting
7.S06-01-08 - Duty Judge Procedures
8.S06-01-09 - Transportation of Arrestees Requiring Wheelchairs
9.S06-01-10 - Placing Additional Charges on Inmates in Cook County Jail
10.S06-01-11 - CLEAR Automated Arrest System
11.S06-01-12 - Processing Persons Under Department Control - DuPage County