Chicago Police DepartmentDepartment Notice 18-03
Narcotics Arrest Diversion Pilot Program—011th District
Issue Date:20 February 2019Effective Date:20 February 2019
Rescinds:09 July 2018 Version
Index Category:Department Notice
I.Purpose
This directive:
  • A.continues the Narcotics Arrest Diversion Pilot Program for the 011th District;
  • B.informs Department members of new program eligibility, disqualifying factors, and processing procedures;
  • C.continues responsibilities pertinent to the pilot program;
  • D.continues the Log of Persons Referred to the Narcotics Arrest Diversion Pilot Program—011 District form (CPD-21.185); and
  • E.satisfies CALEA Law Enforcement Standard Chapter 1.
II.Policy
A sworn member that makes an arrest for possession of a controlled substance in the amount of one gram or less in total weight within the boundaries of the 011th District will screen the arrestee for eligibility into the Narcotics Arrest Diversion Pilot Program. The Narcotics Arrest Diversion Pilot Program directs an eligible arrestee, upon consent of the arrestee, to a Department-approved addiction counselor. The Department-approved addiction counselor will direct the arrestee to a Department-approved treatment provider or social service agency in lieu of criminal charges.
III.Narcotics Arrest Diversion Program Eligibility
An arrestee will be eligible for participation in the Narcotics Arrest Diversion Pilot Program ONLY when:
  • A.the arrestee is 18 years of age or older;
  • B.the arrest occurred within the geographic boundaries of the 011th District;
  • C.the arrestee is present in the 11th District while a counselor is on-site and available;
  • D.the arrest is for possession of heroin or cocaine under 720 ILCS 570/402 in the amount of one gram or less in total weight; and
  • E.the arrestee indicates an addiction problem and consents to a consultation with a Department-approved addiction counselor for screening and entry into a treatment program.
NOTE:
An arrestee eligible for participation in the Narcotics Arrest Diversion Pilot Program will not be held past the assigned court call or court transport to comply with this program.
IV.Program Disqualifiers
An individual meeting the program requirements outlined in Item III of this directive will be considered ineligible if the arrestee:
  • A.has no legal identification and identity cannot be established via a Department database;
  • B.is being charged with any violation of the Illinois Controlled Substance Act other than 720 ILCS 570/402;
  • C.utilized the Narcotics Arrest Diversion Pilot Program on a previous arrest;
  • D.has a serviceable arrest warrant from any jurisdiction;
  • E.is being charged with any additional felony or any arrestable misdemeanor offense involving a victim;
  • F.exhibits behavior that requires the completion of a Tactical Response Report (TRR);
  • G.requires medical treatment;
  • H.is named as the target on a search warrant;
  • I.has been convicted of illegal possession of a firearm;
  • J.has a felony conviction for a crime of violence;
  • K.is a convicted sex offender; or
  • L.has been convicted of any domestic-violence-related offense.
V.Procedures and Responsibilities
  • A.When arresting an offender that meets the criteria established in Item III of this directive, the arresting officer will:
    • 1.transport the arrestee to the 011th District for processing;
    • 2.perform a name check of the arrestee in the Hot Desk and LEADS to determine eligibility;
    • 3.secure the arrestee, complete the first screen of the CLEAR Automated Arrest Report, and save the report in "Preliminary Booking" status;
    • 4.inventory suspect controlled substance consistent with the Department directive titled "Inventorying Narcotics Evidence."
    • 5.evaluate the arrestee, review the arrestee's criminal history, and review the disqualifiers to determine arrestee eligibility;
    • 6.verify an arrestee's eligibility into the Narcotics Arrest Diversion Pilot Program via the Hot Desk and document the verification in the narrative portion of the arrest report;
    • 7.if program eligible, notify the district station supervisor that the arrestee qualifies for the program;
    • 8.complete all required reports including:
      • a.case reports
      • b. eTrack inventory reports
      • c.complaints
      • d.Felony 101s
      • e.Vehicle Tow Reports (CPD-11.413) or Vehicle Impound/Seizure Reports (CPD-34.347).
        NOTE:
        Tow/impound reports will be filled out but not called in. If the arresstee's evaluation does not allow for acceptance into the program, the DSS will ensure the tow is called in. If a vehicle was impounded prior to the counselor being on-site the vehicle will remain impounded.
    • 9.complete the CLEAR Automated Arrest Report and:
      • a.state "This is a Narcotics Arrest Diversion Program eligible arrest" in the narrative portion of the report;
      • b.document the name of the Department-approved addiction counselor and the approved affiliated treatment facility in the narrative of the report; and
      • c.submit the report to the district station supervisor (DSS) and watch operations lieutenant (WOL) for review and approval.
    • 10.take the arrestee into the lock-up for processing.
      NOTE:
      Upon arrival a counselor will be informed by the DSS of any eligible arrestees that qualify for the Narcotics Diversion Program. The DSS will inform the lockup personnel that a counselor is on-site and the offender is to be placed in the lock-up interior visitation cell for interview.
  • B.The district station supervisor will:
    • 1.review arrests and ensure compliance with this directive;
    • 2.inform the on-site Department-approved addiction counselor that an arrestee meets the criteria for acceptance into the program and is available in the designated room for counselor interview;
    • 3.maintain documentation of all arrestees accepted into the program;
      NOTE:
      The district station supervisor will use the Log of Persons Referred to the Narcotics Arrest Diversion Pilot Program—011 District form (CPD-21.185) to document arrestees accepted into the program.
    • 4.immediately notify the WOL of any arrestee accepted into the program by the certified addiction counselor so the arrestee can be released without charging (RWOC) to the custody of the approved counselor;
    • 5.inform the WOL if the arrestee is not accepted into the program and call in the vehicle tow/impound, if applicable;
    • 6.ensure all arrestees meeting the diversion criteria are RWOC and released to the custody of the approved counselor;
    • 7.ensure the arrestee's arrest report is forwarded to the Records Division by e-mail at fieldservices@chicagopolice.org for any arrestee accepted into the program or not accepted into the program by the addiction counselor; and
      NOTE:
      No notification is needed for arrestees who do not initially qualify under sections III or IV of this directive.
    • 8.ensure the arrestee's released without charges Clear Automated Arrest Report is forwarded via email to the Records Division at fieldservices@chicagopolice.org.
  • C.Lockup personnel will:
    • 1.process the program-eligible arrestee without delay;
    • 2.place the arrestee in the lockup interior visitation cell after processing;
    • 3.inform the counselor that the arrestee has been processed and is available to interview; and
    • 4.inform the district station supervisor that the arrestee has been processed and is being interviewed by the counselor.
      NOTE:
      When the interview is concluded, the counselor will inform the DSS whether or not the arrestee has been accepted into the diversion program. The DSS will inform the watch operations lieutenant of the decision.
  • D.The watch operations lieutenant will:
    • 1.review all arrests and ensure compliance with this directive;
    • 2.if the arrestee has been accepted into the program:
      • a.release the arrestee without charging consistent with the Department directive titled "Releasing Arrestees Without Charging and Waving Fingerprint Results."
        NOTE:
        Once an arrestee is released without charging, the arrestee is considered released to the on-site Department-approved addiction counselor and no longer in custody.
      • b.document the reason for RWOC as the Narcotics Arrest Diversion Pilot Program in the comments section of the CLEAR Automated Arrest Report;
      • c.not tow or impound an arrestee's vehicle if a narcotic charge is the only arrestable offense; and
      • d.forward a daily list of all program diversions to the district commander.
    • 3.if the arrestee has not been accepted into the program, process the arrestee consistent with the Department directive titled "Processing Persons Under Department Control."
  • E.The district commander will:
    • 1.continuously monitor subordinate activity to ensure compliance with this directive; and
    • 2.ensure the Log of Persons Referred to the Narcotics Arrest Diversion Pilot Program—011 District form (CPD-21.185) is completed by the DSS are forwarded monthly to Bureau of Patrol Administration.
  • F.The Records Division will:
    • 1.receive the notification from the district station supervisor;
    • 2.verify participant eligibility into the Narcotics Arrest Diversion Pilot Program based on the criteria established in Item III of this directive;
    • 3.maintain a running log of eligible and ineligible participants;
    • 4.ensure all pertinent information is entered into the Hot Desk; and
    • 5.monitor fieldservices@chicagopolice.org email for all diversion-program-related documents.
VI.Pilot Program Evaluation
  • A.The Narcotics Arrest Diversion Program will be terminated on 31 August 2019.
  • B.This program will be subject for final review by the Chief, Bureau of Patrol, within 30 days prior to the termination date of the program to determine operational effectiveness.
(Items indicated by italics/double underline were revised)
Eddie T. Johnson
Superintendent of Police
19-001 JAB