Chicago Police DepartmentSpecial Order S06-04-09
Processing Curfew Violators
Issue Date:02 December 2016Effective Date:02 December 2016
Rescinds:01 February 2015 Version
Index Category:Processing Persons
I.Purpose
This directive:
  • A.outlines the procedures for processing curfew violators.
  • B.places the responsibility of issuing an Administrative Notice of Ordinance Violation (ANOV) to the parent, legal guardian, foster parent, or other adult having the legal care/custody of a repeat curfew violator on the Department member issuing the Curfew Violation Report.
  • C.continues the Early Intervention Curfew Program (EICP), which offers family support services designed to assist them in their roles as caregivers.
  • E.discontinues the (Rev. 12/14) version of the Curfew Violation Report (CPD-24.111) and introduces a revised Curfew Violation Report [CPD-24.111 (Rev. 10/16)].
II.Curfew Laws
  • A.The term “curfew laws” refers to the City of Chicago Curfew Ordinance, MCC Section 8-16-020 through 8-16-022.
  • B.The City of Chicago Curfew Ordinance - Verbatim Text
    • 1.The provisions of Section 8-16-020, “Curfew hours for minors.”
      • a.Definitions. Whenever used in this section.
        • (1)“Curfew Hours” means:
          • (a)For minors 12 through 16 years of age, 10:00 pm on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 am of the following day; and
          • (b)For minors 12 through 16 years of age, 11:00 pm on any Friday, or Saturday and until 6:00 am of the following day; and
          • (c)For minors younger than 12 years of age, 8:30 pm on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 am of the following day; and
          • (d)For minors younger than 12 years of age, 9:00 pm on any Friday, or Saturday and until 6:00 am of the following day.
        • (2)“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
        • (3)“Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
        • (4)“Guardian” means:
          • (a)A person who, under court order, is the guardian of the person of a minor; or
          • (b)A public or private agency with whom a minor has been placed by a court.
        • (5)“Minor," under the Municipal Code, means any person under 17 years of age.
        • (6)“Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or the partners of an association or partnership and the officers of a corporation.
        • (7)“Parent” means a person who is:
          • (a)A natural parent, adoptive parent, or step-parent of another person; or
          • (b)At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
        • (8)“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, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
        • (9)“Remain” means to:
          • (a)Linger or stay; or
          • (b)Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
        • (10)“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
      • b.Offenses.
        • (1)A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
        • (2)A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
        • (3)The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
      • c.Defenses.
        • (1)It is a defense to prosecution under subsection (b) that the minor was:
          • (a)Accompanied by the minor’s parent or guardian;
          • (b)On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
          • (c)In a motor vehicle involved in interstate travel;
          • (d)Engaged in employment activity, or going to or returning home from employment activity, without any detour or stop;
          • (e)Involved in an emergency;
          • (f)On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
          • (g)Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civil (sic) organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
          • (h)Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; or
          • (i)Married or had been married or is an emancipated minor under the Emancipation of Mature Minors Act, as amended.
        • (2)It is a defense to prosecution under subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
      • d.Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent violator's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (c) is present.
      • e.Penalties. A person who violates any provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00 or an order to perform community service pursuant to Section 1-4-120 of this Code, or both. Any person who violates any provision of this section three times in any twelve-month period shall be subject to up to three times the maximum monetary fine set forth in this subsection for any subsequent violation of this section within the twelve-month period, as an alternative or in addition to a requirement to perform community service.
      • f.For purposes of this subsection only, community service may include attending supportive social services.
    • 2.The provisions of Section 8-16-022, “Custody Procedure.”
      Any police officer who finds a minor in violation of 8-16-020 is authorized to take such minor into custody until such time as the minor’s parent, legal guardian, or other adult having legal care or custody of the minor is located and notified of the violation, and takes custody of the minor from the police. If no such person can be located within a reasonable period of time, the minor shall be referred to the appropriate juvenile authorities.
III.Illinois Traffic and Curfew Violators
The provision of 625 ILCS 5/6-110, "Licenses Issued To Drivers."
  • A.If the licensee is under the age of 18, the license shall be invalid for the operation of any motor vehicle during the following hours unless one of the defenses listed in Item II-B-1-c applies:
    • 1.10:00 pm until 6:00 am on any Sunday, Monday, Tuesday, Wednesday, and Thursday.
    • 2.11:00 pm until 6:00 am on Friday and Saturday.
  • B.The Department member initiating a traffic stop of a curfew violator will:
    • 1.initiate safe and courteous traffic and investigatory vehicle stops as outlined by existing Department procedures and training.
    • 2.process the traffic-curfew violator in accordance with the procedures established in the Department directive entitled “Citing Traffic Violations and Attending Traffic Court.”
    • 3.issue a traffic citation when a licensee under the age of 18 violates 625 ILCS 5/6-110.
    • 4.process traffic-curfew violators in accordance with the provisions of this directive and the Bail Bond Manual.
      NOTE:
      Department members will not impound a vehicle solely for a violation of the Chicago Curfew Ordinance. The Chicago Curfew Ordinance does not include a provision for impounding a curfew violator’s vehicle.
IV.Procedures for Processing Curfew Violators
  • A.Prior to enforcing the curfew ordinance, Department members must have a reasonable belief, under the circumstances, that a violation of the curfew ordinance has occurred and that none of the nine defenses listed in Item II-B-1-c applies.
  • B.A member who takes any curfew violator into custody will complete one Curfew Violation Report (CPD-24.111) for each curfew violator and:
    • 1.run a computer name check, by entering his or her PC number and password into the CLEAR system via the PDT, if so equipped, or through OEMC to determine if the curfew violator is missing, wanted, or a runaway.
    • 2.verify if the minor has previous curfew violations by selecting "Juvenile Curfew" in the Record Management box. Click on "Query Juvenile Curfew" and then enter the minor's information in the requested fields.
    • 3.issue an ANOV citation, consistent with Item VI of this directive, to the parent, legal guardian, foster parent, or adult having legal care or custody of the minor when:
      • a. the curfew violator was taken into custody for any criminal offense; or
      • b.the violator has three or more violations (including the current violation) within twelve months from the current date.
    • 4.affix his or her signature in the “Officer’s Signature” box, affirming, under the penalty of perjury, that the facts contained within the report are accurate and it was determined that none of the defenses apply.
    • 5.escort the curfew violator home, if he or she lives in the district of apprehension or lives at an address in an adjacent district which is closer than the station in the district of apprehension and:
      • a.inform the adult accepting responsibility for the curfew violator that the child has violated the City of Chicago Curfew Ordinance.
      • b.release the juvenile to the custody of the parent, guardian, or other adult accepting responsibility for custody and inform them of the available referral support services on the reverse side of the report.
        NOTE:
        Under NO circumstances will a curfew violator be left at home without adult supervision or released to go home without being accompanied by the parent, guardian, or other adult accepting responsibility for the minor.
      • c.enter the relationship of the adult, verify the identity of the adult, and obtain the adult’s signature in the “Released To" signature box to signify receipt of the Curfew Violation Notice. If the responsible adult refuses to sign, the officer will enter “Refused” in the “Released To (Signature)" box.
      • d.issue the “Parent / Guardian” (yellow) copy to the parent , legal guardian, or adult having legal care or custody of the curfew violator. Department members will not issue the “Parent / Guardian” copy when the adult accepting responsibility for the juvenile is not the parent, legal guardian, or adult having legal care or custody of the minor.
        NOTE:
        The “Parent / Guardian” copy of the Curfew Violation Report will be left attached to the “Youth Investigations Division" (white) copy when not served and returned with the completed report to the station supervisor/designated unit supervisor.
    • 6.complete an Investigatory Stop Report when the member initiates an investigatory stop with the purpose of determining a subject's age and whether a curfew violation exists. The investigating member will:
      • a.complete an Investigatory Stop Report (ISR) detailing the reasonable articulable suspicion of why the minor was stopped for a curfew violation investigation.
      • b.record a narrative as to the circumstances which led to the stop on the Investigatory Stop Report (ISR). The narrative will include what the member observed; a description of the location where the minor was found; the duration of time the member observed the minor at the location; what the minor told the member was the reason he or she was out after curfew; and, if the minor was found in an establishment; the name of the establishment; name of the owner or operator of the establishment; and other relevant information concerning the establishment where the minor was found.
      NOTE:
      Only when an arrestee was placed into custody for circumstances not otherwise requiring the completion of an ISR and the individual is subsequently discovered to be a juvenile who is violation of the curfew ordinance, will an ISR not be required. In such cases, the circumstances of the curfew violation will be noted in the Arrest Report.
    • 7.complete an Arrest Report when the minor is taken into custody for any criminal offense.
    • 8.notify the appropriate area Bureau of Detectives responsible for the follow-up investigation when the minor is taken into custody for a felony offense as outlined in the Department directive entitled "Processing of Juveniles and Minors Under Department Control" and if appropriate, "Processing Juvenile Arrestees Charged as Adults."
    • 9.submit the completed Curfew Violation Report, and all related documents to the station supervisor/designated unit supervisor for approval.
  • C.Units that are processing at the Juvenile Intervention and Support Center (JISC) will also follow procedures outlined in Items IV through Item VI of this directive.
    • 1.The Juvenile Intervention and Support Center (JISC) does not accept curfew ONLY violators if unable to locate the parent/guardian. Those violators will be transported to the district station and if still unsuccessful, the appropriate area Special Victims Investigations personnel will be notified consistent with V-D-7.
    • 2.When the curfew violator has been arrested in the JISC service area for a criminal offense other than a traffic violation or an offense not listed as an exception in the Department directive entitled "Juvenile Intervention and Support Center," the curfew violator will be transported to the JISC.
    • 3.Any ANOV citations or copies should be brought back to the member's unit for processing. This includes any ANOV citations that the District Review Office will mail to the parent or guardian as described in Item VI-E of this directive.
  • D.The member's station supervisor/designated unit supervisor will:
    • 1.ensure an ANOV citation is issued to the parent, legal guardian or adult having legal care or custody of curfew violator if the curfew violator meets the criteria outlined in Item VI-A of this directive. If an ANOV citation was issued by the member, the station supervisor/designated unit supervisor will ensure the:
      • a.ANOV information is included on the Curfew Violation Report.
      • b.citation is processed according to the procedures outlined in Item VI of this directive.
    • 2.receive and review all submitted reports and citations for completion.
    • 3.approve the properly completed reports by affixing his or her signature in the “Supervisor's Approval” box on all Curfew Violation Reports received at the district desk.
    • 4.ensure the Curfew Violation Reports are processed according to the following procedures:
      • a.Collect all Curfew Violation Reports from the designated repository once each day during the 1st watch.
      • b.Prepare a Transmittal / Curfew Violation-School Absentee (CPD-24.112) in duplicate, entering on it the total number of curfew arrests made by each unit. Each unit will also prepare a transmittal sheet listing the curfew violators apprehended by personnel of that unit.
      • c.Detach and file chronologically the “District” (pink) copy of the submitted Curfew Violation Reports with the duplicate copy of the Transmittal / Curfew Violation-School Absentee in the district file. The “District” copy of all Curfew Violation Reports prepared by personnel from other units will be forwarded to the district of occurrence for inclusion in the district file.
      • d.Forward the "Youth Investigations Division" copy and the "Parent / Guardian" copy, if applicable, of all Curfew Violation Reports collected that day with the original Transmittal / Curfew Violation-School Absentee to the Youth Investigations Division, Unit 184, in time to arrive prior to 0800 hours.
  • E.The designated Youth Investigations Division member will process the reports and transmittals in accordance with current Youth Investigations Division procedures.
V.CURFEW VIOLATORS BROUGHT TO DISTRICT STATION
  • A.The investigating member will transport the curfew violator into the station when:
    • 1.the curfew violator was taken into custody for any criminal offense;
    • 2. no responsible adult is available to accept custody of the curfew violator; or
    • 3.the curfew violator does not live in the district of apprehension or the curfew violator’s residence in an adjacent district is farther than the station in the district of apprehension.
  • B.The investigating member who transports a minor into the district station is responsible for the completion of the reporting procedures outlined in Item IV-B of this directive, including the Curfew Violation Report, ANOV citation, Arrest Report, and Investigatory Stop Report (ISR), as appropriate.
  • C.When a minor has been arrested in the JISC service area for a criminal offense other than a traffic violation or an offense not listed as an exception in the Department directive "Juvenile Intervention and Support Center," the curfew violator will be transported to the JISC in accordance with Item IV-C of this directive.
  • D.notify the appropriate area Bureau of Detectives responsible for the follow-up investigation when the minor is taken into custody for a felony offense as outlined in the Department directive entitled "Processing of Juveniles and Minors Under Department Control" and if appropriate, "Processing Juvenile Arrestees Charged as Adults."
  • E.The station supervisor/designated unit supervisor will:
    • 1.assume custody of all curfew violators brought into the district station and be responsible for their safekeeping. Curfew violators will ordinarily be detained in the desk or office area of the station until released to their parents, guardians, or other adult accepting responsibility for their custody.
    • 2.ensure one Curfew Violation Report is completed for each curfew violator brought to the district station.
    • 3.obtain the name, address, and telephone number of the curfew violator’s parents, guardian, or other adult who will accept the responsibility for the curfew violator’s custody and notify that person of the curfew’s apprehension and requirement to appear at the district station.
    • 4.inform the parent, guardian, or other adult accepting responsibility for the curfew violator that the child has violated the Chicago Curfew Ordinance.
    • 5.enter the relationship of the adult, verify the identity of the adult, and obtain the adult’s signature in the “Released To" signature box to signify receipt of the Curfew Violation Notice. If the responsible adult refuses to sign, the officer will enter “Refused” in the “Released To (Signature)" box.
    • 6.issue the “Parent / Guardian” (yellow) copy to the parent , legal guardian, or adult having legal care or custody of the curfew violator. Department members will not issue the “Parent / Guardian” copy when the adult accepting responsibility for the juvenile is not the parent, legal guardian, or adult having legal care or custody of the minor.
      NOTE:
      The “Parent / Guardian” copy of the Curfew Violation Report will be left attached to the “Youth Investigations Division" (white) copy when not served and returned with the completed report to the station supervisor/designated unit supervisor.
    • 7.notify the Area Special Victims Investigations, to complete a disposition if:
      • a.attempts to contact the parent, guardian, or other adult who will accept responsibility for the curfew violator’s custody are unsuccessful.
      • b.the parent, guardian, or other responsible adult does not arrive within a reasonable period of time after being contacted.
  • F.Area Special Victims Investigations, Bureau of Detectives, personnel will:
    • 1.follow the procedures outlined in Item IV to process curfew violators he or she apprehends in the field.
    • 2.process curfew violators received from the district station supervisor/designated unit supervisor due to the circumstances outlined in Item V-D-7 as follows:
      • a.attempt to contact a parent, guardian, or other adult who will accept responsibility for the curfew violator’s custody; and
      • b.inform that person to appear at the station as required, or
      • c.determine why the responsible adult has not come to the station for the curfew violator after having been contacted.
    • 3.perform a computer name check on the curfew violator. If the curfew violator is wanted or is a missing / runaway juvenile, process him or her in accordance with current procedures relative to these types of cases.
    • 4.proceed according to existing policy as outlined by the Juvenile Court and by Youth Investigations Division directives, if the parent, guardian, or other adult willing to accept responsibility for the custody of the curfew violator cannot be reached or has not come to the district station after having been contacted.
VI.Issuing an Administrative Notice of Ordinance Violation (ANOV) Citation
  • A.An ANOV citation will be issued to the parent, legal guardian, foster parent, or adult having legal care or custody of the minor for a violation of MCC 8-16-020(b)(2) in accordance with the procedures outlined in the Department directive entitled “Municipal Administrative Hearings” when:
    • 1.the curfew violator was taken into custody for ANY criminal offense, or
    • 2.if it appears that the juvenile’s parent, legal guardian, foster parent, or other adult having legal care or custody of the minor knowingly permitted the juvenile to violate curfew three or more times (including the current violation) within twelve months from the current date.
  • B. The member completing an ANOV citation will:
    • 1.use the information from the Curfew Violation Report to complete the section for the respondent.
    • 2.insert any other information about the curfew violator’s parent or legal guardian ascertained from the parent or Curfew Violation Report.
    • 3.insert MCC 8-16-020(b)(2) in the "OFFENSE" box.
    • 4.insert the phrase, “the above respondent, has legal care or custody of, (curfew violator’s name), a minor, who violated MCC 8-16-020(b)(1) on (date and time of curfew), at (location of curfew)" in the section entitled “Step 2” of the ANOV citation. The member will also insert the phrase “See attached Investigatory Stop Report and/or Arrest Report” in the same section, as appropriate.
    • 5.be aware of the Curfew Violation Exceptions listed in the Department directive entitled "Exemptions and Restrictions for Issuing ANOV Citations"
    • 6.be aware that the parent, legal guardian, foster parent, or adult having legal care or custody of the minor (respondent) served with an ANOV citation written for curfew-related violations is not required to:
      • a.produce a valid picture identification card, or
      • b.sign the ANOV citation.
    • 7.provide the parent, legal guardian, foster parent, or adult having legal care or custody of the minor with the "Respondent Copy" of the ANOV Citation and the "Parent / Guardian Copy" of the Curfew Violation Report.
      NOTE:
      If the curfew violator is not released to the parent, legal guardian, foster parent, or adult having legal care or custody of the minor, members will follow the procedures outlined in Items VI-C, D, and E for distributing and serving the ANOV citation by mail.
    • 8.complete the ANOV citation information on the Curfew Violation Report.
    • 9.attach a photocopy of the Curfew Violation Report and a photocopy of the Investigatory Stop Report (ISR) and/or Arrest Report, as appropriate, to the "Department Administrative Hearings Copy" of the ANOV citation.
      NOTE:
      These documents will assist the Department of Administrative Hearings attorneys when presenting the ANOV citation for adjudication.
    • 10.submit the completed reports and citations to their station supervisor/designated unit supervisor for approval.
  • C.If the member is unable to serve the parent, legal guardian, or adult having legal care or custody of the minor with the ANOV citation, Department members will:
    • 1.complete the ANOV citation from the information on the Curfew Violation Report.
    • 2.submit the completed reports and citations to their station supervisor/designated unit supervisor for approval.
  • D.The member's station supervisor/designated unit supervisor will:
    • 1.ensure an ANOV citation is issued to the parent, legal guardian or adult having legal care or custody of curfew violator if the curfew violator meets the criteria outlined in Item VI-A of this directive.
    • 2.receive and review all submitted citations for completion.
    • 3.if the member was unable to serve the ANOV citation to the parent, legal guardian, foster parent, or adult having legal care or custody of the minor, forward a photocopy of the Curfew Violation Report and the unserved ANOV citation the to the District Review Office.
    • 4.ensure a photocopy of the Curfew Violation Report and a photocopy of the Investigatory Stop Report (ISR) and/or Arrest Report, as appropriate, is attached to the "Department of Administrative Hearings Copy" of the corresponding ANOV citation.
    • 5.ensure the ANOV citations are processed according to existing procedures.
  • E.Members assigned to the District Review Office will, prior to the end of their tour of duty:
    • 1.complete and attach the original Proof of Service by Mail form to the "Department of Administrative Hearing Copy" of the corresponding ANOV citation.
    • 2.mail the "Respondent Copy" (tan card) of the ANOV, a photocopy of the Curfew Violation Report, and a photocopy of the Proof of Service by Mail form via certified U.S. Mail to the listed parent, legal guardian, foster parent, or adult having legal care or custody of the minor.
      • a.If the minor is a ward of the State of Illinois, the above documents will be mailed via U.S. Mail to: Representative for DCFS, 17 N. State Street, 7th Floor, Chicago, IL 60602.
      • b.If the minor is a ward of the State of Illinois and temporarily placed with a foster parent, the foster parent will be issued the ANOV citation.
      • c.Special envelopes are available to be used for this purpose (Commodity Number 23-3489-5312 certified), and are available from the Equipment and Supply Section.
    • 3.forward the "Department of Administration Hearing Copy" (white) with the attached photocopy of the ISR and/or Arrest Report, when appropriate, the "Department of Law Copy" (pink) of the ANOV citation, a photocopy of the Curfew Violation Report, and the Proof of Service by Mail to the citation clerk for processing.
      REMINDER:
      A photocopy of the Investigatory Stop Report (ISR) and/or Arrest Report will not be attached to the "Respondent Copy" (tan card) when mailed to the parent, legal guardian, foster parent, or adult having legal care or custody of the minor. These documents will only be forwarded to the Department of Administrative Hearings.
VII.Social Services Component
  • A.Pursuant to MCC 8-16-20(e), the penalty for an ANOV citation issued for curfew violation may include community service or attending supportive social services.
  • B.Department members issuing any curfew violations will inform the parent, legal guardian, foster parent, adult having legal care or custody of the minor, or the adult accepting responsibility for custody of the curfew violator, of the availability of supportive social services by referring them to:
    • 1.the available referral support services indicated on the reverse side on the Curfew Violation Report;
    • 2.call 311; or
    • 3.contact their district Community Relations office.
  • C.Community Relations officers will:
    • 1.refer requests for supportive social services to Hartgrove Hospital or the Early Intervention Curfew Program (EICP), which offers supportive social services to families. The program will provide services at several locations throughout the city.
    • 2.assist Hartgrove Hospital personnel in conducting on-site supportive social services at the designated district stations.
(Items indicated by italics/double underline have been added or revised.)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
16-039 SDR