Chicago Police DepartmentSpecial Order S06-05-04
Person Determined to Pose a Clear And Present Danger
Issue Date:23 April 2018Effective Date:23 April 2018
Rescinds:
Index Category:Processing Persons
I.PURPOSE
This directive:
  • A.provides guidelines to assist Department members in recognizing persons that pose a clear and present danger as defined by the Firearm Owners Identification Card Act [430 ILCS 65/8.1(d)(2)].
  • B.introduces the Illinois State Police Person Determined to Pose a Clear and Present Danger form (ISP 2-649).
  • C.provides procedures for completing the Illinois State Police Person Determined to Pose a Clear and Present Danger form (ISP 2-649).
  • D.states the immunity provision of the Firearm Owners Identification Card Act [430 ILCS 65/8.1(d)].
II.POLICY
The Chicago Police Department is committed to upholding the statutory requirement outlined in the Firearm Owners Identification Card Act [430 ILCS 65/8.1(d)(2)] which states, "if a person is determined to pose a clear and present danger to himself, herself or to others by a law enforcement or school administrator, the law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Department of State Police that the person poses a clear and present danger."
III.STATEMENT OF LAW
The Firearm Owners Identification Act [430 ILCS 65/8.1 (d) ] states " the physician, clinical psychologist, qualified examiner, law enforcement official , or school administrator making the determination, and his or her employers shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct.
IV.PROCEDURES
  • A.The Firearm Owner Identification Card Act (430 ILCS 65.1.1) defines a person who poses a clear and present danger as one who:
    • 1.communicates a serious threat of physical violence against a reasonably identifiable victim; or
    • 2.poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or
    • 3.demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.
  • B.Any Department member who identifies an individual who poses a clear and present danger will:
    • 1.take actions consistent with the Department directive entitled "Responding to Incidents Involving Persons in Need of Mental Health Treatment."
    • 2.complete any reports required.
    • 3.complete the Illinois State Police Person Determined to Pose a Clear and Present Danger form (ISP 2-649).
    • 4.articulate the facts supporting the determination of "clear and present danger" in the narrative portion of the form. Specific behaviors and statements should be included as well as dates, times of occurrence, the names and contact information of any witnesses. Additional supporting documentation should be referenced in the narrative section.
    • 5.submit the completed Illinois State Police Person Determined to Pose a Clear and Present Danger for) to a supervising sergeant for review and approval.
    • 6.fax the approved form and any supporting documentation to the Illinois State Police per the instructions on the form within 24 hours of making the determination that the person poses a clear and present danger.
    • 7.ensure a copy of the approved ISP form and any supporting documentation are forwarded to:
      • a.District of occurrence;
      • b.Firearms Investigation Team (FIT), Unit 193; and
      • c.Crisis Intervention Team Program, Unit 124.
    • 8.forward the original ISP form and any supporting documentation to the district review office for routing to the Record Division, Unit 162.
    • 9.complete any other necessary paperwork (e.g., case report, hospitalization report, etc).
  • C.District Supervisors will:
    • 1.review the ISP form for completeness, and approve by placing initials and star number on lower right-hand corner.
    • 2.ensure the approved ISP form and any supporting documentation is faxed to the Illinois State Police within 24 hour per the instructions on the form.
    • 3.ensure copies of the approved ISP form are forwarded as outlined in Item III-B-7 of this directive.
    • 4.ensure the original ISP form and any supporting documentation is forwarded to the district review office for routing to the Record Division, Unit 162.
Authenticated by: KC
Eddie T.Johnson
Superintendent of Police
17-160 SDR