Chicago Police DepartmentGeneral Order G03-06
Officer-Involved Death Investigations
Issue Date:30 March 2016Effective Date:30 March 2016
Rescinds:
Index Category:Field Operations
I.Purpose
This directive introduces the procedures for investigating officer-involved deaths pursuant to the Illinois Police and Community Relations Improvement Act (50 ILCS 727).
II.Verbatim Text Of Pertinent Sub-Sections From Illinois Compiled Statutes (ILCS)
  • A.50 ILCS 727/1-5 "Definitions". As used in this Act:
    • 1."Law enforcement agency" means an agency of this State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
    • 2."Law enforcement officer" or "officer" means any person employed by a State, county, or municipality as a policeman, peace officer, or in some like position involving the enforcement of the law and protection of public interest at the risk of the person's life.
    • 3."Officer-involved death" means any death of an individual that results directly from an action or directly from an intentional omission, including unreasonable delay involving a person in custody or intentional failure to seek medical attention when the need for treatment is apparent, of a law enforcement officer while the officer is on duty, or otherwise acting within the scope of his or her employment, or while the officer is off duty, but performing activities that are within the scope of his or her law enforcement duties. "Officer-involved death" includes any death resulting from a motor vehicle accident, if the law enforcement officer was engaged in law enforcement activity involving the individual or the individual's vehicle in the process of apprehension or attempt to apprehend.
  • B.50 ILCS 727/1-10 Investigation of officer-involved deaths; requirements.
    • 1.(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency.
    • 2.(b) Each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator. The lead investigator shall be a person certified by the Illinois Law Enforcement Training Standards Board as a Lead Homicide Investigator, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Department of State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. No investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer involved in the death.
    • 3.(c) In addition to the requirements of subsection (b) of this Section, if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Department of State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. Notwithstanding the requirements of subsection (b) of this Section, the policy for a law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that law enforcement agency and who is certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist, or similar training approved by the Illinois Law Enforcement Training and Standards Board, or similar certified training approved by the Department of State Police, or similar training provided at an Illinois Law Enforcement Training and Standards Board certified school.
    • 4.(d) The investigators conducting the investigation shall, in an expeditious manner, provide a complete report to the State's Attorney of the county in which the officer-involved death occurred.
    • 5.(e) If the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report.
  • C.50 ILCS 727/1-15 Intra-agency investigations.
    This Act does not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if the internal investigation does not interfere with the investigation conducted under the requirements of Section 1-10 of this Act.
III.Investigative Authority
  • A.The assigned Deputy Chief assigned to the Street Operations Unit, Office of the First Deputy Superintendent (Street Deputy) will coordinate the Department's on scene investigations into the incident and the underlying criminal events. The Chicago Police Department will conduct all necessary investigative activity into the incident as it relates to:
    • 1.the public safety investigation of the incident.
      NOTE:
      The public safety investigation is limited to securing the scene; addressing any injuries and public safety issues; and identifying and securing any offenders, witnesses, and evidence, as described in greater detail in Item IV-C of this directive.
    • 2.any underlying criminal offenses associated with the officer-involved death consistent with its existing policies.
      NOTE:
      The Street Deputy will coordinate the Department's response, actions, and if applicable, investigative responsibility, for other non-criminal incidents resulting in an officer-involved death (e.g., transports, suicide in custody).
    • 3.traffic crashes involving Department members resulting in an officer-involved death; in coordination with the on-scene IPRA investigative personnel.
    • 4.the Department's internal investigation in situations involving life threatening injuries to one or more members of the public that resulted directly from an action or intentional omission of a Department member who was on-duty or otherwise acting within the scope of his or her employment. This investigation will not interfere with the investigation conducted by IPRA.
    REMINDER:
    Officer-involved death investigations remain bound by the involved members' collective bargaining agreement and the Department directive entitled "Department Member's Bill of Rights," including the timeliness of documented formal statements. Compelled statements cannot be used in criminal proceedings.
  • B.Independent Police Review Authority (IPRA) will conduct the officer-involved death investigation consistent with the Police and Community Relations Improvement Act (50 ILCS 727). The on-scene IPRA personnel will coordinate and direct any investigative activity that is pursued at the scene that relates to the actual officer-involved death.
  • C.When an officer-involved death incident contains multiple concurrent investigations, the below order of the investigative priority, with identified lead agencies, will be followed:
    • 1.The public safety investigation will be commenced immediately and will be led and coordinated by Department personnel. This investigation will take precedence over any other investigation.
    • 2.The investigation of the underlying criminal offense and the officer-involved death investigation will be conducted concurrently.
      • a.The investigation of the underlying criminal offense will be led and coordinated by Department personnel.
      • b.The officer-involved death investigation will be led and coordinated by IPRA personnel trained as lead homicide investigators.
      • c.The Department's internal investigation will be led and coordinated by Department personnel but will not interfere with the IPRA investigation.
  • D.To ensure the proper coordination of activities and investigations, the assigned Street Deputy, appropriate Bureau of Detectives Area Commander, and responding IPRA personnel will confer at the scene about the conduct of the investigations.
  • E.Where a member of the public has sustained life threatening injuries that resulted directly from an action or intentional omission of a Department member who was on-duty or otherwise acting within the scope of his or her employment, which action or omission does not otherwise fall within IPRA's jurisdiction, the Street Deputy shall coordinate the investigation of the incident and will confer with IPRA investigative personnel to assess what, if any, investigative activities shall be led by or otherwise involve IPRA personnel.
IV.Initial Responsibilities
  • A.In situations involving life threatening injuries to one or more members of the public that resulted directly from an action or intentional omission of a Department member who was on-duty or otherwise acting within the scope of his or her employment or duty, the:
    • 1.involved member(s) will:
      • a.request medical attention for the injured, and also offer immediate medical aid commensurate with their training, experience, and available equipment.
      • b.notify their immediate supervisor and the Office of Emergency Management and Communications.
      • c.secure the scene and request additional resources, until the arrival of the responding supervisory personnel.
    • 2.OEMC will notify the:
      • a.Crime Prevention and Information Center (CPIC) of the incident.
      • b.station supervisor of the District of occurrence.
      • c.involved member’s commanding officer.
    • 3.involved member's immediate supervisor will:
      • a.immediately respond to the scene.
      • b.ensure CPIC is notified of the incident and request the assignment of the Street Deputy and additional Department resources, if necessary.
      • c.notify the Medical Examiner's Office of the officer-involved death and obtain an ME number.
    • 4.Crime Prevention and Information Center (CPIC) will notify the Street Deputy and IPRA via email and phone communication. If appropriate, the
      • a.Department's investigative members will be responsible for notification to the Cook County State's Attorney's Office Felony Review concerning the underlying criminal investigation.
      • b.IPRA investigators will be responsible for notification to the Cook County State's Attorney's Office Special Prosecution Bureau concerning the officer-involved death investigation.
  • B.Upon notification of an officer-involved death incident as defined by 50 ILCS 727, IPRA personnel will immediately respond to the scene.
  • C.Prior to the arrival of IPRA personnel, Department members will perform all actions necessary to address the immediate needs of the scene, including:
    • 1.seeking medical attention for the injured and rendering aid to the extent possible based on the officer's training and the available equipment
    • 2.securing the scene of the incident.
    • 3.locating and apprehending any offenders.
    • 4.identifying and securing evidence and witnesses.
V.Procedures
The following procedures will be followed for all officer-involved death investigations, after the scene has been secured, notifications have been made, and investigative personnel have arrived at the scene.
  • A.All involved Department personnel will remain on the scene and be available for assignment by or consultation with the Street Deputy until formally released.
    NOTE:
    Any involved member in need of medical treatment will be made available as soon as possible for consultation with the Street Deputy.
  • B.The involved member's activated Department-issued recording equipment (e.g., In-Car Video Systems, Body Worn Cameras) will be disengaged at the direction of an on-scene supervisory member the rank of lieutenant or above.
    NOTE:
    The Body Worn Camera of the involved member will be secured consistent with the Department directive entitled "Body Worn Cameras."
  • C.The involved member(s) of an officer-involved death incident will:
    • 1.cooperate with the public safety investigation conducted by the Street Deputy by providing an ORAL response to the public safety questions. The public safety investigation will consist of general incident safety questions concerning:
      • a.Any injuries sustained by the member or other individuals.
      • b.Whether or not weapons were discharged, either by Department members or other individuals, what type of weapons, and the direction of the discharges.
      • c.Whether or not subjects are still at large and their descriptions, direction of travel, and alleged criminal offense(s).
      • d.The identification and location of any evidence or witnesses.
    • 2.provide any other statements or answer any other on scene questions on a voluntary basis.
      NOTE:
      CPD personnel shall not compel any statements from an officer who's direct action or omission resulted in life threatening injuries to one or more members of the public when the member was on duty or otherwise acting within the scope of his or her employment or duties.
      • a.This prohibition does not apply to members who witnessed the incident.
      • b.When IPRA compels a statement from a member, only then may Department members compel a statement.
    • 3.continue to follow the existing procedures based on the nature of the incident, including but not limited to:
    • 4.be afforded the opportunity, prior to completing incident reports or other documentation, to listen to any audio and view any video contained on the Department-issued recording equipment (i.e., In-Car Video Systems and Body-Worn Cameras) that contains audio or video of the incident taken from the perspective of the member making the statement (i.e., the Body-Worn Camera worn by the member and In-Car Video footage taken while the member was in the relevant vehicle), provided that the member or his or her supervisor discloses in the reports and documentation the fact that he or she listened to such audio and/or viewed such video.
  • D.The on-scene Street Deputy will:
    • 1.conduct the public safety investigation at the scene of the incident.
    • 2.ensure the involved officer (s) are removed from the scene as soon as practicable and, where there are two or more involved officers, ensure they are separated from each other.
    • 3.ensure the appropriate notifications and reporting requirements are completed, including the notification to the Medical Examiner's Office and the completion of the secondary case report.
    • 4.coordinate the Department's response into any officer-involved death and may direct additional investigatory actions.
  • E.Upon the arrival of IPRA personnel, the Street Deputy will provide a narrative of the incident to the IPRA investigators based on the information available at that time, including but not limited to:
    • 1.walking through the incident scene.
    • 2.providing information obtained from the "public safety" interview conducted with the involved member.
    • 3.disclosing any evidence and witnesses identified by Department personnel.
  • F.Crime Scene Access and Evidence Collection
    • 1.The IPRA investigative personnel will have access to all areas of the crime scene consistent with their investigative responsibility.
      NOTE:
      The Street Deputy shall consult with IPRA investigative personnel to determine when and the extent to which IPRA personnel shall have access to the scene.
    • 2.Department members will continue to identify, secure, protect, collect, and process evidence at the incident scene consistent with the Department directive entitled "Crime Scene Protection and Processing."
      • a.Department members assigned to the Forensics Services Division may mark and photograph evidence at the scene prior to the arrival of the IPRA investigative personnel. Evidence will not be collected or processed until the arrival of the IPRA personnel.
      • b.Additional evidence identified by the on-scene IPRA investigative personnel will be collected by the Forensics Services Division with the concurrence and approval of the IPRA investigative personnel.
      • c.Any and all items of evidence identified by either the Department or IPRA will be photographed, collected, and processed by the Forensics Services Division.
      • d.A member of the IPRA investigative team must be present, when practicable, for the collection and examination of any firearms recovered at the scene.
  • G.Witness Handling
    • 1.Department members will continue to identify and transport civilian witnesses to the appropriate Bureau of Detectives Area for the purpose of conducting interviews.
      NOTE:
      Although all witnesses will be encouraged to be transported to the appropriate Bureau of Detectives Area office to be interviewed, witnesses who refuse to do so, but are willing to be interviewed on scene should be accommodated, and if appropriate, given safety and security considerations. Witnesses will not be held or detained against their will at a district station or other Department facility consistent with the Department directive entitled "Preliminary Investigations."
    • 2.IPRA, and if appropriate the ASA, will interview any available civilian witnesses.
    • 3.If the Department is conducting a concurrent investigation, the witness interviews will be conducted concurrently by the Department and IPRA. The Street Deputy and the IPRA investigative personnel will confer to determine whether interviews will be conducted jointly or independently.
      NOTE:
      If necessary, the determination of the priority of interviews will be made jointly by the Street Deputy and the IPRA investigative personnel, after consultation with the Bureau of Detectives personnel.
  • H.Deceased Removal
    • 1.At any time during the course of the investigation, if the highest ranking on-scene Bureau of Patrol supervisor determines that the safety of officers or the public is in jeopardy, the supervisor may request the immediate removal of the decedent from the scene.
    • 2.If an immediate removal is deemed necessary, the decedent will not be removed until the Chicago Fire Department paramedics inform the supervisor that the receiving hospital has approved termination of resuscitation. Once the termination of resuscitation has been approved, the supervisor will:
      • a.order the ambulance to take the decedent to the nearest trauma center for pronouncement, or
      • b.if the CFD paramedics have left the scene, order the squadrol remove the decedent to the Cook County Medical Examiner's Office for pronouncement consistent with the Department directive entitled "Processing and Transportation of Deceased Persons."
      NOTE:
      The decedent can only be removed from the scene if the termination of resuscitation has been approved.
  • I.Reporting Requirements
    The assigned Bureau of Detectives personnel will complete a secondary case report, consistent with the classifications outlined in the Incident Reporting Guide (CPD-63.451), to document the Department's internal officer-involved death investigation.
    NOTE:
    The assigned Bureau of Detectives personnel will ensure the secondary case report is associated with the Records Division (RD) number of the original incident case report.
VI.Conflict Provision
  • A.As soon as it becomes apparent, any conflict of opinion between the Street Deputy and IPRA investigative personnel will be raised up the respective chains of command for resolution.
  • B.If this directive conflicts with any other Department directive, this directive will take precedence.
Eddie T. Johnson
Interim Superintendent of Police
16-017 MWK