Chicago Police DepartmentSpecial Order S06-04-04
Arrestees Processed As Adults and Later Determined To Be Juveniles
Issue Date:31 December 1998Effective Date:01 January 1999
Rescinds:G98-11-04
Index Category:Processing Persons
I.Purpose
This directive establishes the procedures for processing a juvenile who was processed as an adult and appears at a judicial hearing at which it is determined that the arrestee is actually a juvenile.
II.Arresting / Investigating Officer Present at a Judicial Hearing
If the arresting and/or investigating officer is present at a judicial hearing in which it is determined that the arrestee processed as an adult is in fact a juvenile, and the arrestee has not been detained in a Cook County Department of Corrections facility, the arresting and/or investigating officer will:
  • A.inform the on-duty watch commander of the member's unit of the circumstances of the case.
  • B.contact the Office of Emergency Management and Communications (OEMC) and arrange for transportation of the juvenile arrestee to the area Special Victims Section which services the district of arrest, for processing by an investigator.
  • C.take custody of all pertinent reports and the juvenile, until the juvenile is turned over to the transporting officer.
  • D.notify the appropriate area Special Victims Section that the arrestee is being transported to the Area for processing as a juvenile.
  • E.advise the parents / guardians, complainants and witnesses present in court of the location of the area Special Victims Section where the juvenile arrestee will be processed.
  • F.report to the appropriate area Special Victims Section and assist the assigned investigator.
III.Arresting / Investigating Officer Not Present at a Judicial Hearing
If the arresting and/or investigating officer is not present at a judicial hearing in which it is determined that the arrestee processed as an adult is a juvenile, and the arrestee has not been detained in a Cook County Department of Corrections facility, the court sergeant will:
  • A.contact the OEMC and arrange for the transportation of the juvenile arrestee to the area Special Victims Section which services the district of arrest, for processing by an investigator.
    NOTE:
    The district of original arrest will be responsible for transporting the arrestee to the appropriate area Special Victims Section.
  • B.take custody of all pertinent reports and the juvenile, until the juvenile is turned over to the transporting officer.
  • C.notify the appropriate area Special Victims Section that the arrestee is being transported to the Area for processing as a juvenile.
  • D.advise the parents / guardians, complainants and witnesses present in court of the location of the area Special Victims Section where the juvenile will be processed.
IV.Arrestee Detained in a Cook County Department of Corrections Facility
When an arrestee detained in a Cook County Department of Corrections facility pending court appearance is alleged to be a juvenile, Cook County Department of Corrections policy requires that the arrestee be returned to the court of jurisdiction by County personnel for a court determination of the arrestee's correct age. If the arrestee is proven to be a juvenile, County personnel are required to return the arrestee to the Cook County Department of Corrections facility for deprocessing.
  • A.The court sergeant will:
    • 1.ascertain from Cook County Department of Corrections officials the time the arrestee was returned to the Cook County Department of Corrections facility for deprocessing.
    • 2.notify the area Special Victims Section which services the district in which the original arrest was made and request an investigator be assigned to reprocess the individual now determined to be a juvenile.
    • 3.inform the parents, complainants and witnesses present in court which area Special Victims Section that the juvenile will be delivered to and reprocessed.
    • 4.arrange for the delivery of all related reports, and if available, documentary proof of age, to the appropriate area Special Victims Section in the most expeditious manner.
  • B.The Youth Investigations Section personnel will, upon notification of such a case:
    • 1.contact the Cook County Department of Correction (DOC) facility, place a hold on the arrestee and request that they be notified when the DOC completes deprocessing the arrestee.
    • 2.pick up or arrange for transportation of the juvenile to the appropriate area Special Victims Section for processing.
Terry G. Hillard
Superintendent of Police
94-069 EEM/JKH