Chicago Police DepartmentSpecial Order S06-16
Processing an Adult Arrested for a Juvenile Arrest Warrant or for an Offense committed when he or she was a juvenile
Issue Date:05 April 2018Effective Date:05 April 2018
Rescinds:31 October 2016
Index Category:Processing Persons
I.Purpose
This directive clarifies the detention procedures and in-custody time limits for the arrest of:
  • A.an adult with a Juvenile Arrest Warrant.
  • B.an adult with juvenile charges.
    NOTE:
    An "adult" means anyone age 18 or older.
II.ADULT ARRESTEE WITH EITHER a JUVENILE ARREST WARRANT OR CHARGES RELATED TO AN OFFENSE COMMITTED WHILE A JUVENILE
There are three categories of adult arrestees with either a Juvenile Arrest Warrant or charges that relate to an offense committed while a juvenile:
  • A.Group A: An ADULT would be processed as an ADULT and HELD as an ADULT if arrested as an ADULT for an offense committed WHILE a juvenile, at least 16 years of age, that results in the charges of:
    • 1.First Degree Murder
    • 2.Aggravated Criminal Sexual Assault
    • 3.Aggravated Battery with a Firearm, when the then juvenile personally discharged the firearm.
      NOTE:
      If an ADULT arrestee was arrested for one of the three listed offenses, but the offense was committed WHILE the now adult was UNDER AGE 16, the arrest would fall into Group B relative to processing and will be processed consistent with Item II-B of this directive.
  • B.Group B: An ADULT (age 18 or older) arrested on a Juvenile Arrest Warrant or on charges for an offense (not meeting the criteria listed in Item II-A of this directive) committed while a juvenile.
    • 1.The ADULT arrested on a COOK COUNTY JUVENILE ARREST WARRANT or for an offense committed while a JUVENILE, should initially be held in the appropriate ADULT CPD lockup for the location of the arrest. The arrestee will be processed and held in the lockup exactly as an adult, consistent with the directive entitled "Processing Persons Under Department Control." However, the following procedures apply:
      • a.If the arrest is based upon a COOK COUNTY JUVENILE ARREST WARRANT, contact the Juvenile Intervention and Support Center (JISC) to confirm the warrant.
        NOTE:
        No adult arrestees are processed at the JISC.
      • b.Notify the appropriate Bureau of Detectives Area, Special Investigations Unit, of the valid warrant or of any NEW charges for an offense committed when the now ADULT was a juvenile. A detective will be assigned to process the warrant (or charges upon which the subject was arrested) and will determine if the arrestee is to be released on a station adjustment, released with a court date in juvenile court, or held for court.
      • c.If being held for court, the ADULT arrested on a COOK COUNTY JUVENILE ARREST WARRANT or for an offense committed while a JUVENILE should be transported BY THE HOLDING DISTRICT personnel to the Police Room of Juvenile Court to be turned over to the Cook County Sheriff on regular court days between the hours of 0600 and 1100Hrs; on weekends and court holidays, between 0600 and 0800 hours.
      • d.If the arrest of the ADULT is for NEW charges for an offense committed while the arrestee was a juvenile, the "40 Hour Rule" from the time of arrest for the arrestee would apply. As such, the arrestee will actually have to appear in court within 40-hours of arrest, or the procedures established under the Department directive entitled "Duty Judge Procedures" must be followed.
        EXCEPTION:
        The "40 hour rule" does not apply to those arrestees being charged in offenses described in Section II-A of this directive. In those cases, the "48 hour rule" applies.
  • C.Group C: An ADULT arrested for a Juvenile Arrest Warrant from an Illinois county other than Cook County or from out of state.
    • 1.The ADULT arrestee will be held in the ADULT district lockup initially, BUT if the other jurisdiction is not taking custody of the arrestee that same day/night, the adult arrestee should be turned over to the custody of the Cook County Sheriff at the Cook County jail.
    • 2.If the Cook County Sheriff refuses to take custody of the arrestee, the CPD Street Deputy will call the Cook County Sheriff to remind them of the Juvenile Court Order 2014-02, as outlined in Section III of this directive.
III.Conflict Provisions
  • A.If the Cook County Department of Corrections refuses to accept the arrestee solely on the basis that the arrestee has a juvenile warrant or juvenile charges:
    • 1.the transporting officers will notify:
      • a.the district station supervisor of the area of processing; and
      • b.the Crime Prevention and Information Center (  CPIC ).
    • 2.CPIC will notify the Street Deputy.
  • B.Upon notification, the Street Deputy will contact the Cook County Department of Corrections, 24 hours a day, at 773-674-6601, and ensure the situation is immediately resolved pursuant to the Circuit Court of Cook County Administrative General Order 2014-02.
(Items indicated by italics/double underline were revised.)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-005 SB
PHONE BOOK:
1.
Crime Prevention Information Center (CPIC)
5-6300/pax 6191
24 Hours