Chicago Police DepartmentSpecial Order S06-01-01
Releasing Arrestees Without Charging and Waiving Fingerprint Results
Issue Date:25 July 2013Effective Date:25 July 2013
Rescinds:07 June 2002 version; G02-03-03
Index Category:Processing Persons
I.Purpose
This directive identifies:
  • A.Department policy and procedures for waiving fingerprint results.
  • B.responsibilities and procedures when releasing an arrestee without charging.
II.Waiving Fingerprint Results
  • A.It is the policy of the Chicago Police Department to hold all arrestees until the completion of the identification process; therefore, station supervisors will waive fingerprint results only under exigent circumstances and must be prepared to justify the decision to waive fingerprint results when releasing an arrestee.
  • B.When waiving fingerprint results, station supervisors will ensure that the arrestee:
    • 1.has not been arrested for an offense that is a felony or can be upgraded to a felony or has voluntarily surrendered on a misdemeanor warrant;
    • 2.is ready to post bond; and
    • 3.possesses sufficient personal identification.
  • C.Additionally, station supervisors will:
    • 1.ensure that it is reasonably certain that the arrestee is not wanted for another offense or Investigative Alert (i.e., arrestee checks clear via the district land-based terminal).
    • 2.ensure that all required information is entered in the Arrest Report application prior to releasing the subject.
    • 3.describe the justification for waiving fingerprint results in the section titled "Watch Commander Comments" in the Arrest Report application.
    • 4.complete the booking process.
III.Releasing Arrestees Without Charging
  • A.When the arresting officer or investigating officer determines that there is insufficient reason to further detain an arrestee, the officer will immediately:
    • 1.advise his or her station supervisor or immediate supervisor of the reason the arrestee should be released.
      NOTE:
      If the arresting officer's station supervisor is not the station supervisor in charge of the detention facility, the arresting officer will also advise the station supervisor of the detention facility.
    • 2.notify his or her unit commanding officers or area coordinators of the reason the arrestee should be released.
    • 3.complete all necessary reports and reporting procedures outlined in existing Department directives.
  • B.The station supervisor will:
    • 1.ensure that a Central Booking (CB) number is obtained whenever an arrestee is released without charging; however, the arrestee will not be fingerprinted or photographed unless those processes were already completed prior to the decision to release the arrestee.
    • 2.describe the justification, including the time the decision was made to release the arrestee without charging and the time arrestee was released from custody, in the "Reason For Release Without Charge" section of the Arrest Report application.
  • C.When station supervisor of the detention facility determines that there is insufficient reason to further detain an arrestee, the station supervisor will:
    • 1.notify the arresting officer(s) when an arrestee is released without charging. When the arresting officers are from a unit other than the unit of detention, the station supervisor of the unit of detention will notify the unit of arrest, who will notify the arresting officers.
    • 2.follow the procedures identified in Items II-C-1, II-C-2, and III-B of this directive.
    NOTE:
    The station supervisor in charge of a detention facility has the authority and discretion to order the release of an arrestee without charging based upon all the available evidence.
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
13-009 TRH