Chicago Police DepartmentSpecial Order S06-04-03
Processing Juvenile Arrestees Charged As Adults
Issue Date:07 January 2013Effective Date:08 January 2013
Rescinds:Version dated 15 September 2004; G98-11-03B
Index Category:Processing Persons
I.Purpose
This directive sets forth the procedures for processing a juvenile arrestee charged with an offense which, by state statute, requires that the juvenile be processed as an adult.
II.Charges Requiring the Juvenile Arrestee to be Processed as an Adult
  • A.A juvenile who is at least 15 years of age at the time an alleged offense is committed and is charged with any of the following offenses will be processed as an adult:
    • 1.First Degree Murder (720 ILCS 5/9-1);
    • 2.Aggravated Criminal Sexual Assault (720 ILCS 5/12-14);
    • 3.Aggravated Battery with a firearm where the minor personally discharged a firearm as defined in Section 2-15.5 of the ILCS;
    • 4.Armed Robbery when the armed robbery was committed with a firearm [720 ILCS 5/18-2(a)(2)];
    • 5.Aggravated Vehicular Hijacking when the hijacking was committed with a firearm [720 ILCS 5/18-4(a)(4)]; or
    • 6.Unlawful Use of a Weapon, 720 ILCS 5/24-1, section (a)(1), (a)(3), (a)(4), or (a)(10) only, while in school, regardless of the time of day or time of year, or on the real property comprising any school, regardless of the time of day or the time of year.
  • B.Any juvenile who is at least 13 years of age at the time of an offense and who is charged with first degree murder committed during the course of either the offense of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping will be processed as an adult. However, this does not include a juvenile charged with first degree murder based exclusively upon the accountability provisions of the ILCS as follows:
    NOTE:
    Districts' processing at the Juvenile Intervention and Support Center (JISC) will not transport the juvenile to the JISC. Members will follow procedures outlined in Item III of this directive.
    • 1.having a mental state described by the statute defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state: or
    • 2.either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he or she solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense. However, a person is not so accountable, unless the statute defining the offense provides otherwise, if:
      • a.he or she is the victim of the offense committed; or
      • b.the offense is so defined that his conduct was inevitably incident to its commission; or
      • c.before the commission of the offense, he or she terminates his or her effort to promote or facilitate such commission, and does one of the following: wholly deprives his or her prior efforts of effectiveness in such commission, or gives timely warning to the proper law enforcement authorities, or otherwise makes proper effort to prevent the commission of the offense.
  • C.When a juvenile is subject to prosecution as an adult as a result of being charged with any of the offenses outlined in Item II-A of this directive or is subject to prosecution under the provisions of 705 ILCS 405/5-125, and is charged with either of the following offenses, the juvenile will be charged as an adult:
    • 1.Escape; failure to report to a penal institution or to report for periodic imprisonment [720 ILCS 5/31-6(a)]; or
    • 2.Violation of bail bond (720 ILCS 5/32-10).
      NOTE:
      705 ILCS 405/5-125, "Concurrent Jurisdiction," provides that any minor alleged to have committed a traffic, boating or fish and game law, or a municipal or county ordinance may be prosecuted for the violation without reference to the procedures set out within Article V. ("Delinquent Minors") of the Juvenile Court Act. Any detention of the minor, however, must be in compliance with the provisions of Article V.
III.Responsibilities
  • A.The arresting officer will:
    • 1.transport or arrange for the transportation of the juvenile arrestee to the nearest district facility. A juvenile arrestee suspected of a homicide will be transported to the appropriate Bureau of Detectives Area facility encompassing the district where the homicide occurred.
      NOTE:
      Male arrestees will not be transported with female arrestees in the same compartment. Juveniles will not be transported with adults in the same compartment.
    • 2.if warranted, respectfully treat transgender, intersex, and gender nonconforming (TIGN) individuals in manner appropriate to the juvenile's gender expression.
    • 3.refrain from questioning juvenile arrestees outside the presence of a parent, guardian, interested person, or a member of the Bureau of Detectives, Special Victims Unit.
    • 4.record the pertinent information on the Daily Log of Juveniles Taken Into Custody (CPD-24.518) for each juvenile taken into custody.
    • 5.if warranted, process TIGN juveniles in accordance with procedures outlined in the Department directive entitled"Interactions with Transgender, Intersex, and Gender Nonconforming (TIGN) Individuals."
    • 6.complete the Arrest Report in accordance with procedures outlined in the Department directive entitled "CLEAR Automated Arrest System" and any other related reports as necessary for each juvenile arrestee who will be charged as an adult.
    • 7.immediately make every reasonable attempt to notify the juvenile's parent, other person legally responsible for the juvenile's care, or the person with whom the juvenile resides. If notification:
      • a.is made record the notification name and time in the narrative portion of the Arrest Report and on the Daily Log of Juveniles Taken Into Custody (CPD-24.518).
      • b.is not successful, members will record the actions taken to notify the parent or person legally responsible for the juvenile's care in the narrative portion of the Arrest Report.
    • 8.notify the appropriate Bureau of Detectives Area responsible for the follow-up investigation of the offenses enumerated in Item II-A of this directive.
    • 9.notify the Special Investigations Unit at the Chicago Children's Advocacy Center for the follow-up investigation of cases of Aggravated Criminal Sexual Assault only when the juvenile arrestee is a member of the victim's family or the victim is 0 through 12 years of age.
    • 10.submit the completed Arrest Report to the station supervisor in the district of arrest for review and initial approval of probable cause for the arrest. In the event the juvenile arrestee is suspected of a homicide, the arresting officer will submit the completed Arrest Report to the station supervisor in the district of the appropriate Bureau of Detectives Area where the juvenile arrestee is being interrogated.
    • 11.after the approval of the station supervisor, escort the juvenile into the district lockup for fingerprinting and photographing in accordance with the Department directive entitled "Arrestee Identification Process."
    • 12.maintain control of the juvenile arrestee until the arrival of the appropriate area investigative personnel.
    • 13.assist the assigned detective in completing the investigation and arrest procedures.
  • B.The investigating member will:
    • 1.respond to the district of arrest for offenses enumerated in Item II-A of this directive. In the event the juvenile arrestee is suspected of a homicide, the investigating member will respond to the appropriate Bureau of Detectives Area facility encompassing the district where the homicide occurred.
    • 2.take custody of the juvenile arrestee from the arresting officer for further processing of the arrestee.
    • 3.contact the assistant state's attorney, Felony Review, for approval of felony charges.
    • 4.fax a copy of the Arrest Report to the Youth Investigations Division.
    • 5.prepare a Supplementary Report (CPD-11.411-B) and any other reports as required.
    • 6.notify the district station supervisor when further investigation reveals there is not sufficient probable cause to believe that the juvenile arrestee committed any offense(s);
      • a.which requires prosecution as an adult in the criminal court.
      • b.and the juvenile arrestee should be released without charging. This information will be recorded in the "Release Without Charging" box on the Arrest Report.
    • 7.notify the appropriate area Special Victims Section when felony approval is not obtained and the arrestee is to be processed as a juvenile.
      NOTE:
      Districts' processing at the JISC will immediately transport the arrestee once it's determined the arrestee is to be processed as a juvenile.
  • C.The Special Victims Section follow-up detective will:
    • 1.respond to the district of arrest to assist the assigned detective with the investigation. In the event the juvenile arrestee is suspected of a homicide, the Special Victims Section follow-up detective will respond to the appropriate Bureau of Detectives Area facility encompassing the district where the homicide occurred.
    • 2.take custody of the arrestee from the assigned detective or arresting officer when felony approval is not obtained and the offender is to be processed as a juvenile.
  • D.The Special Investigations Unit (SIU), Youth Investigations Division. will take custody of the arrestee and complete the follow-up investigation for cases of Aggravated Criminal Sexual Assault when the juvenile arrestee is a member of the victim's family and the victim is under 18 years of age.
  • E.Lock-up personnel will:
    • 1.take custody of the arrestee and ensure that the arrestee is processed as an adult in accordance with existing Department directives.
    • 2.admit the juvenile arrestee to the lockup after the adult arrestees have been secured.
    • 3.confine the juvenile arrestee in a separate cell designated for "Juveniles Only" with sight and sound separation from adult arrestees pending clearance of fingerprints and completion of the booking process.
  • F.Desk personnel in the designated booking facility will:
    • 1.enter the name of the Cook County Probation detention screening officer, as provided by the Special Victims Section personnel, in the Arrest Report.
    • 2.attach the Criminal History sheet, Identification Check Procedure Control form, or the Juvenile record Summary to the Court Copy of the Arrest Report.
    • 3.prepare a Court Complaint Transmittal Listing (CPD-11.551) and attach all required court documents.
    • 4.upon completion of the booking process, request transportation through the Office of Emergency Management Communications (OEMC) for the juvenile arrestee and the related court case file from the booking facility to the next available court for a bond hearing or to the Intake Section of the Cook County Juvenile Temporary Detention Center.
      • a.If the juvenile cannot be transferred to court for a bond hearing within the time limits set forth in the Department directive entitled "Processing of Juveniles and Minors Under Department Control", all court documents, including the court transmittal, will be sent with the juvenile to the Intake Section of the Cook County Juvenile Temporary Detention Center.
      • b.Juveniles who must be placed in secure custody until they can be transported to court or the Intake Section of the Cook County Juvenile Temporary Detention Center will be transported to and detained in the appropriate area lockup.
  • G.The district station supervisor will:
    • 1.review the Arrest Report for each juvenile being processed as an adult to ensure probable cause for the arrest and circumstances exist which require the juvenile be processed as an adult.
    • 2.review the narrative of the Supplementary Report in which the member conducting the follow-up investigation has documented circumstances supporting insufficient probable cause to believe that the juvenile arrestee should be processed as an adult for committing a criminal offense delineated in Item II-A of this directive. In such instances, the station supervisor will instruct the member conducting the follow-up investigation to request a Special Victims Section detective to process the juvenile arrestee in accordance with this Department directive.
    • 3.confer with the Department member conducting the follow-up investigation when further investigation reveals that there is insufficient probable cause to believe that the juvenile arrestee committed any offense(s) and that the juvenile arrestee should be released without charging; this information will be recorded in the "Release Without Charging" box in the Arrest Report.
IV.Procedures for Processing Juvenile Arrestees After Adult Convictions
  • A.Whenever a juvenile has been convicted of a crime under an adult or penal statute for ONLY the offenses listed below, the juvenile will be processed and charged as an adult if arrested again for any offense.
    • 1.First Degree Murder(720 ILCS 5/9-1);
    • 2.Aggravated Criminal Sexual Assault (720 ILCS 5/12-14);
    • 3.Aggravated Battery with a firearm where the minor personally discharged a firearm as defined in Section 2-15.5 of the ILCS;
    • 4.Armed Robbery when the armed robbery was committed with a firearm [720 ILCS 5/18-2(a)(2)];
    • 5.Aggravated Vehicular Hijacking when the hijacking was committed with a firearm [720 ILCS 5/18-4(a)(4)]; or
    • 6.Unlawful Use of a Weapon, 720 ILCS 5/24-1, section (a)(1), (a)(3), (a)(4), or (a)(10) only while in school, regardless of the time of day or time of year, or on the real property comprising any school, regardless of the time of day or the time of year.
  • B.In all instances when these juveniles are subsequently arrested on misdemeanor or traffic offenses that are bondable in accordance with the Department's current Bail Bond Manual, the juvenile will be the principal; however, a parent or guardian must sign above the juvenile's signature as surety.
  • C.In all instances when these juveniles are arrested on a felony offense, Department members will process the juvenile in accordance with the Department directive entitled "Processing Persons Under Department Control."
  • D.When these juvenile arrestees are required to be processed, lock-up personnel will follow the procedures outlined in Item III-E of this directive.
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
12-138 CLN/RDR