Chicago Police DepartmentSpecial Order S06-04-03
Processing Juvenile Arrestees Charged As Adults
Issue Date:31 December 2015Effective Date:01 January 2016
Rescinds:08 January 2013 Version
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 16 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;
      NOTE:
      These charges and all other charges arising out of the same incident shall be prosecuted under the criminal laws of the State of Illinois.
  • B.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.PRESUMPTIVE TRANSFER OF MINOR 15 YEARS OF AGE OR OLDER TO ADULT COURT
A minor 15 years of age or older may be transferred to adult court if at any time prior to commencement of the minor's trial, the Assistant State's Attorney files a petition before a Juvenile Judge to permit prosecution under the criminal laws of the State, and the petition alleges:
  • A.the minor is 15 years of age or older;
  • B.the offense constitutes a forcible felony under the criminal laws of this State;
  • C.the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state, and;
  • D.the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang, and;
  • E.if the juvenile judge assigned to hear and determine motions to transfer a case for prosecution in the criminal court determines that there is probable cause to believe that the allegations in the petition and motion are true, the judge may rule that the minor is not a fit and proper subject to be dealt with under the Juvenile Justice Reform Provision of 1988 and the case may be transferred to the criminal
    court.
IV.DISCRETIONARY TRANSFER TO ADULT COURT OF A MINOR 13 YEARS OF AGE OR OLDER
A minor 13 years of age or older may be transferred to adult court if at any time prior to commencement of the minor's trial, the Assistant State's Attorney files a petition before a Juvenile Judge to permit prosecution under the criminal laws of the State, and the petition alleges:
  • A.the minor is 13 years of age or older;
  • B.there is probable cause to believe that the allegations in the motion are true; and
  • C.it is not in the best interest of the public to proceed under the Juvenile Court Act.
V.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.email a copy of the Arrest Report to the Youth Investigations Division at: youthadmin@chicagopolice.org.
    • 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.
VI.Procedures for Processing Juvenile Arrestees After Adult Convictions
  • A.Minors previously convicted of a crime under an adult or penal statute will be processed according to the directive "Processing of Juveniles and Minors Under Department Control" unless one of the below exceptions applies:
    • 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;
(Items indicated by italic/double underline were added or revised)
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-145 SB