Chicago Police DepartmentSpecial Order S06-14-02
Procedures for the Arrest and Detention of Foreign Nationals
Issue Date:10 April 2002Effective Date:11 April 2002
Rescinds:S02-05-02
Index Category:Processing Persons
I.Purpose
The purpose of this directive is to establish procedures for handling the arrest and detention of foreign nationals.
II.Policy
It is the policy of the Chicago Police Department to comply with the terms agreed upon by signatory members of the Vienna Convention. Therefore, whenever a reasonable belief exists that a person being arrested or detained for a jailable offense is a foreign national, the subject will be informed of the right to have the appropriate consular officer notified. Whenever possible, all required consular notifications will be made within twenty-four hours after a foreign national has been detained by a Department member.
III.General Information
  • A.The Vienna Convention is a multi-national treaty entered into by the Government of the United States that establishes minimum standards with respect to the treatment of foreign nationals.
  • B.For the purposes of this directive, a foreign national is any person who is not a United States citizen, including permanent resident aliens, illegal aliens, and undocumented aliens.
  • C.The bilateral agreements of the Vienna treaty require Department members to inform foreign nationals of their right to have their consular officer notified upon arrest or in the event of a qualifying detention.
    NOTE:
    A qualifying detention is one in which the foreign national is arrested for a jailable offense, including jailable traffic violations, or is being held as a suspect in a jailable offense.
  • D.Department members will consider the following factors when determining whether a reasonable belief exists that the person in custody is a foreign national:
    • 1.Possession of a foreign passport;
    • 2.Alien registration documentation;
    • 3.A foreign drivers license or similar documents; or
    • 4.An unfamiliarity with the English language.
      NOTE:
      The enforcement of immigration law rests with the Immigration and Naturalization Service and not with state and local police.
IV.Procedures for the Arrest and Detention of Foreign Nationals
  • A.Once a Department member reasonably believes that a person in custody is a foreign national, the member will immediately:
    • 1.inform the subject of the right to have the appropriate consular officer notified and determine if the subject requests or refuses that this notification be made. Members will indicate in the narrative portion of the Arrest Report, if applicable, the:
      • a.country of citizenship of the foreign national arrested.
      • b.date and time the arrestee was informed of the right to have their consular officer notified.
      • c.date and time of refusal in the narrative portion of the Arrest Report, if applicable, if the subject refuses to have the consular officer notified.
    • 2.notify the desk sergeant in the district of detention that a foreign national is being arrested or detained.
  • B.The desk sergeant of the district of detention, or the responsible investigating member under the circumstances defined in Item IV-E of this directive, will:
    • 1.access the Consulate List Web Site from the CLEAR homepage and determine if the foreign national in custody is from a mandatory-reporting country or from a non-mandatory-reporting country.
    • 2.if the foreign national is from a mandatory-reporting country, make consular notification without exception, regardless of the wishes of the subject.
    • 3.if the foreign national in custody is from a non-mandatory reporting country, make consular notification only when the subject specifically requests that notification be made.
    • 4.complete the Notification to Consular Officers of Arrest or Detention (NCOAD). The appropriate version of the NCOAD will be completed whenever a foreign national from a mandatory-reporting country is being arrested or detained for a jailable offense OR a foreign national from a non-mandatory-reporting country is being arrested or detained for a jailable offense AND specifically requests consular notification be made.
      • a.If the foreign national being detained is from a mandatory-reporting country, the NCOAD - Mandatory Reporting Country version (CPD 11.714-A) will be completed, regardless of the wishes of the subject.
      • b.If the foreign national being detained is from a non-mandatory-reporting country and the subject specifically requests that consular notification be made, the NCOAD - Non-Mandatory- Reporting Country version (CPD 11.714-B) will be completed.
        NOTE:
        Online versions of the Notice to Consular Offices of Arrest or Detention (NCOAD) - Mandatory Reporting Country and the NCOAD-Non-Mandatory-Reporting Country are available from the Consulate List Web Site and the Department Directives System (DDS).
    • 5.notify the watch commander of the district of detention:
      • a.that a foreign national is being arrested or detained for a jailable offense, and
      • b.whether the subject is a foreign national of a mandatory-reporting country or is from a non-mandatory-reporting country and requesting a consular notification be made.
        NOTE:
        If notification is required and a facsimile message cannot be sent, the desk sergeant, or an authorized designee, will make the notification by telephone. If notification attempts by facsimile and telephone are unsuccessful, the desk sergeant or investigating member will confer with the Special Events and Liaison Section and attempt to find an accurate contact number. If notification cannot be made, the NCOAD will be sent via facsimile with a To-From- Subject report to the Special Events and Liaison Section, indicating that a consular notification could not be made.
    • 6.preserve the original NCOAD by:
      • a.attaching the properly completed document to the Permanent Records - Records Division copy (white) of an Arrest Report if one has been completed, or
      • b.forwarding the document to the Special Events and Liaison Section, if a foreign national has been detained under circumstances where no Arrest Report was subsequently completed, but an NCOAD is required.
  • C.Any consulate notification required by this addendum, under the procedures outlined in Item IV-B, will be considered completed if the sending Department fax machine provides the member sending the fax with:
    • 1.a confirmation printout.
    • 2.a digital display indicating "Send Complete."
  • D.The watch commander of the district of detention, prior to the final approval of charges involving an identified foreign national, will ensure that:
    • 1.a facsimile of the NCOAD has been sent to the appropriate consulate office, as required, or when necessary, an alternative method of notification is made as outlined in Item IV-B-5.
    • 2.to the extent possible, the notification process is initiated within twenty-four hours after a foreign national is detained by a Department member.
    • 3.consular officials are allowed reasonable access to a foreign national in custody.
  • E.Investigative Personnel
    • 1.Whenever a member, acting in an investigative capacity, reasonably believes that a foreign national is being detained for a jailable offense, or is holding a foreign national as a suspect in a jailable offense, the member will inform the person in custody of the right to have the appropriate consulate office notified.
    • 2.Whenever consular notification is required, and the foreign national in custody has not finished the booking process within twenty-four hours, or a Central Booking Number (CB) has not been obtained within twenty-four hours, it will be the responsibility of the investigating officer to initiate the consular notification process by fulfilling the responsibilities enumerated in Item IV-B of this directive. If the investigating officer is unavailable, this responsibility will rest with the investigating officers immediate supervisor.
  • F.Special Events and Liaison Section
    Whenever a consular notification cannot be made, the Special Events and Liaison Section will:
    • 1.attempt to determine the appropriate contact information by contacting the US Department of State, Command Center.
    • 2.if the attempt to locate consulate office contact information is unsuccessful, forward a photocopy of the NCOAD by US mail to the last known address of the appropriate consulate office.
  • G.Records Services Division
    The Records Services Division will ensure that the NCOAD remains on file with the Permanent Records - Records Division copy (white) of the Arrest Report.
Terry G. Hillard
Superintendent of Police
00-153 VPT(PMD)