Chicago Police DepartmentSpecial Order S04-22-06
ANOV Defaults and Failure to Appear
Issue Date:17 June 2015Effective Date:17 June 2015
Rescinds:5 June 2013 Version
Index Category:Preliminary Investigations
I.Purpose
This directive outlines the procedures and responsibilities for enforcement of 1-4-145 MCC - "Failure to Appear."
II.General Information
  • A.Effective 18 May 2013, the Municipal Code of Chicago (MCC) 1-4-145, "Failure to Appear," makes it an ordinance violation for any person to fail to pay the fine or appear at the original hearing before Department of Administrative Hearings (DAH) when served with a notice of violation for an alleged violation of the below ordinances:
    • 1.7-24-099 MCC - Possession of Cannabis
    • 2.8-4-030 MCC - Drinking on the public way
    • 3.8-4-081 MCC - Public urination or defecation
    • 4.8-12-010 MCC - Gambling
    NOTE:
    A person who violates MCC 1-4-145 shall be subject to a fine equal to the maximum fine for the underlying offense or imprisonment for a period of not more than six months for each violation.
  • B.When a respondent in a Department of Administrative Hearings (DAH) hearing defaults (e.g., failure to appear, failure of payment) on an ANOV citation issued for for an alleged violation of an ordinance listed in Item II-A, a Hot Desk alert will be created to inform Department member's that the violator is subject to arrest for 1-4-145 MCC - "Failure to Appear."
III.Enforcement of Failure to Appear, 1-4-145 MCC
  • A.Department members placing a violator into custody for the charge of Failure to Appear, MCC 1-4-145, based on a Hot Desk alert of "ORDINANCE VIOLATION - PLACE INTO CUSTODY" will follow the procedures outlined in the Department directive entitled "Processing Persons under Department Control." Department members will:
    • 1.complete an Automated Arrest Report to document the incident citing 1-4-145 MCC - "Failure to Appear."
      NOTE:
      Department members will document on the arrest report that the violator failed to pre-pay the fine and failed to appear at the original hearing date before the Department of Administrative Hearings.
    • 2.use Class "C" Misdemeanor / Ordinance Violation Complaint form for the 1-4-145 MCC violation, including the following information:
      • a.Violator's last name, first name, middle initial, date of birth, sex, and race;
      • b.The place of the offense as the Department of Administrative Hearings, 400 West Superior, Chicago, IL;
      • c.Original incident information indicated on the Hot Desk alert, including the:
        • (1)original MCC charge in which the arrestee was issued an ANOV,
        • (2)original hearing date.
      • d.The fact that the violator failed to pre-pay the fine and failed to appear at the original hearing date before the Department of Administrative Hearings.
      NOTE:
      The Class "C" Misdemeanor / Ordinance Violation Complaint form will be signed by the Department member placing the violator into custody.
  • B.A case report is not required for incidents where the violation of MCC 1-4-145, "Failure to Appear," is the only crime reported.
  • C.Arrestees taken into custody for the 1-4-145 MCC "Failure to Appear" violation will be scheduled to the appropriate branch court consistent with the Department directives entitled "Court Citing and Attendance – Non-Traffic Misdemeanor and Municipal Ordinance Cases" and "Court Call Schedule."
    NOTE:
    Members will select a court date for each arrest using their assigned Traffic Court key letter designation with the Court Citing Date Card - For the Case Assignment Category Entitled "Misdemeanor & City Ordinances" (CPD-11.562).
  • D.Department members will:
    • 1.inform the arrestee their arrest is pursuant to a previous default on an ANOV citation for one of the ordinances listed in Item II-A.
    • 2.direct arrestees to contact DAH for further information or resolution of their ANOV "default" status.
  • E.Arresting officers must notify the  Field Services Section, Records Division , when a subject is taken into custody for the charge of Failure to Appear, MCC 1-4-145, based on a Hot Desk alert of "ORDINANCE VIOLATION - PLACE INTO CUSTODY."
IV.Additional Responsibilities
  • A.District station supervisors will:
    • 1.verify a Hot Desk alert exists for Failure to Appear, prior to approving probable cause for the charge of MCC 1-4-145.
    • 2.ensure arrestees charged with MCC 1-4-145 "Failure to Appear," based on a Hot Desk alert are processed in accordance with the Department directives entitled "Processing Persons under Department Control."
    • 3.ensure arrestees are properly bonded in accordance with the Department directives entitled "Bond Procedures."
      • a.The appropriate bond for a municipal ordinance violation, including MCC 1-4-145, "Failure to Appear," is $120.
      • b.I-Bonds can be issued for MCC 1-4-145, "Failure to Appear," consistent with guidelines outlined in the Department directives entitled "Gang Violence Reduction Strategy" and "Bond Procedures."
  • B.Information Services Division (ISD) will develop a process for:
    • 1.collecting and reporting information contained on completed ANOVs.
    • 2.receiving and disseminating disposition information from cases in which the ANOV was used as the complaint.
    • 3.receiving reports from the Department of Administrative Hearings (DAH) listing all default judgments of those who have not paid the fine or appeared before a hearing officer.
    • 4.ensuring each default judgment issued by DAH for a violation listed in Item II-A of this directive will be entered as a Hot Desk alert indicating "ORDINANCE VIOLATION - PLACE INTO CUSTODY."
      • a.The charge will be Failure to Appear, MCC 1-4-145.
      • b.The Hot Desk alert will contain the information required to complete the Class "C" Misdemeanor / Ordinance Violation Complaint form as outlined in Item III-A-2.
    • 5.ensuring Hot Desk alerts are cancelled when:
      • a.reports received from the Department of Administrative Hearings (DAH) eliminates a default judgment of those who have paid the fine or appeared before a hearing officer.
      • b.a subject is arrested for the charge of Failure to Appear, MCC 1-4-145, based on a Hot Desk alert of "ORDINANCE VIOLATION - PLACE INTO CUSTODY" for a specific docket number.
  • C.Director, Records Division, will ensure Hot Desk alerts are cancelled when notified of a subject arrested for the charge of Failure to Appear, MCC 1-4-145, based on a Hot Desk alert of "ORDINANCE VIOLATION - PLACE INTO CUSTODY."
(Items indicated by italics/double underline have been added or revised)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-089 MWK
PHONE BOOK:
1.
Field Services Section (Hot Desk), Records Division
PAX 0262