Chicago Police DepartmentSpecial Order S04-29
Illinois Sexual Assault Incident Procedures Act
Issue Date:17 January 2019Effective Date:17 January 2019
Rescinds:16 June 2017 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.introduces limited immunity from prosecution for certain offenses when reporting a sexual assault or when seeking emergency medical services or medical forensic services for a victim of sexual assault based upon Illinois State Senate Bill 3404, effective 1 January 2019, which amends the The Liquor Control Act of 1934 [235 ILCS 5/6-20] and The Illinois Controlled Substance Act [720 ILCS 570/415] .
  • B.continues the Department's sexual assault and sexual abuse procedural requirements in compliance with the Illinois Sexual Assault Incident Procedure Act, 725 ILCS 203, effective 1 January 2017.
  • C.continues the use of the Sexual Assault Incident Notice [CPD-23.404], also available in Spanish and Polish.
  • D.continues the Alternate Response Section procedures for receiving and responding to reports of criminal sexual assault or abuse that took place in Chicago but were reported to law enforcement agencies outside of Chicago.
  • E.continues the use of the "Confirmation of Transfer of Sexual Assault Report to Law Enforcement Agency Having Jurisdiction" [CPD-32.604].
II.POLICY
Law enforcement's response to sexual assault and sexual abuse can directly impact a victim's ability to heal as well as his or her willingness to participate in the successful identification and prosecution of sexual offenders, thereby enhancing public safety. To ensure compliance with the Illinois Sexual Assault Incident Procedure Act, 725 ILCS 203, Department members conducting a preliminary investigation of a sexual assault or abuse incident will follow the procedures established in this directive.
III.Illinois "Sexual Assault Incident Procedure Act" Mandates
The Illinois "Sexual Assault Incident Procedure Act," effective 1 January 2017, mandates that:
  • A.by 1 January 2020, all sworn Department members receive specific training in responding to or investigating complaints of sexual assault or sexual abuse.
  • B.regardless of when or where the offense occurred, a written report must be completed when receiving information about a sexual assault or sexual abuse from a victim, hospital, or medical personnel, or a witness or a third-party reporter under certain conditions.
  • C.third-party reporting is accepted under certain conditions consistent with Section IV-B of this directive.
  • D.if the incident occurred outside of Chicago but is being reported in Chicago, the Department member receiving the information will prepare a case report. A copy of the case report will be immediately sent via fax or email to the law enforcement agency having jurisdiction. See Section VI of this directive for district procedures.
  • E.if the incident occurred in Chicago but is being reported to the CPD by another law enforcement agency, the Alternate Response Section must prepare a CPD case report and must send a notice of receipt (CPD-32.604) of the outside agency report to the sending law enforcement agency within 24 hours of receipt (See Section V-C of this directive).
  • F.a victim will not be required to submit to an interview. In the absence of an interview, Department members will nevertheless prepare a report and document any information made available to the member.
    NOTE:
    Department members may introduce themselves to the victim, give the victim the Sexual Assault Incident Notice (CPD-23.404), and let the victim know they are there to assist. If an introduction is not possible, give the Sexual Assault Incident Notice to the hospital staff attending the victim and request that it be given to the victim.
  • G.If transportation is needed by the victim, Department members completing the preliminary report will offer to provide or arrange accessible transportation for the victim to:
    • 1.a hospital for emergency and forensic services, including contacting emergency medical services.
    • 2.the nearest available circuit judge or associate judge so the victim may file a petition for an emergency civil no contact order under the Civil No Contact Order Act or an order of protection under the Illinois Domestic Violence Act of 1986.
      NOTE:
      During the hours that court is in session and a judge is available, Department members will assist the victim with transportation to the Domestic Violence court to obtain a protection order consistent with with Department directive "Domestic Incidents."
  • H.If requested, a hospital must complete an evidence kit up to seven days after the assault.
  • I.collected sexual assault forensic evidence will not be used to prosecute the victim for any offense related to the use of alcohol, cannabis, or a controlled substance.
IV.Mandatory Report Writing
  • A.Department members will complete a written police report upon receiving the following, regardless of when or where the incident occurred:
    • 1.an allegation by a person that he or she has been sexually assaulted or sexually abused;
    • 2.information provided from hospital or medical personnel that a victim has been sexually assaulted or sexually abused;
    • 3.information from a witness who personally observed what appeared to be a sexual assault or sexual abuse or attempted sexual assault; and
    • 4.cases in which the victim may have been intoxicated or otherwise impaired, and is unsure if a sexual assault occurred.
      NOTE:
      For cases in which the victim of a sexual assault or sexual abuse may have been involuntarily drugged, Department members will refer to the Department directive entitled "Involuntary Delivery of a Controlled Substance."
  • B.Third-Party Reports
    A victim of sexual assault/abuse may give another person consent to provide information about the sexual assault/abuse to a law enforcement officer. A report must be completed if:
    • 1.the third-party reporter provides his or her own name and contact information, and
    • 2.the third-party reporter affirms that he or she has the consent of the victim to make the report.
      NOTE:
      At the time of initial contact with a person making a third-party report, Department members will provide the reporter with the Sexual Assault Incident Notice (CPD-23.404), advise the reporter of the information listed in Section VIII of this directive, and request that the reporter forward the Sexual Assault Incident Notice to the victim.
  • C.Department members taking a report of a sexual assault/abuse that occurred outside of Chicago will contact the agency having jurisdiction to ascertain the fax number or email address to which the report should be sent. The report will be sent to the outside agency before the end of the tour of duty.
  • D.Department members taking a report of a sexual assault/abuse that occurred in another country will notify the foreign embassy of that country and will fax or email a copy of the report to the embassy. Department members will refer to the Department directive entitled "Foreign Mission Personnel and Foreign Nations" for specific procedures.
  • E.If interpretation services are needed, Department members will refer to the Department directive "Limited English Proficiency." However, if the interpretation services are required in a hospital, the hospital will assist in providing the interpretation services.
V.Alternate Response Section (ARS) procedures
  • A.If the incident occurred in Chicago but the report was taken by another law enforcement agency, that agency will send the report by email or fax to the Alternate Response Section (ARS) at the following listings:
    • 1.ChicagoCSA@chicagopolice.org
    • 2.ARS fax number: 312-745-6820.
    NOTE:
    A law enforcement agency outside of Chicago reporting a CSA that took place in Chicago may reach ARS at phone number 312-746-9706.
  • B.ARS will:
    • 1.prepare a CPD case report;
    • 2.notify the appropriate area detective division and record the name of the person notified;
    • 3.send both the CPD report and the outside agency report to the appropriate area detective division.
  • C.ARS will, within twenty-four hours of receiving the report, send a receipt (CPD-32.604) to the sending law enforcement agency including the phone number of the area detective division to which the report was sent and the name of the person notified.
  • D.If ARS receives a phone report of a criminal sexual assault or abuse that took place in Chicago but is being reported telephonically by an individual or hospital personnel outside of Chicago, ARS will take the report and follow procedures outlined in S04-01-01 "Alternate Response Section Procedures."
    NOTE:
    Third-party reports will be accepted consistent with Section IV-B of this directive.
VI.DISTRICT PROCEDURES
  • A.If an outside law enforcement agency calls a district station with a report of a criminal sexual assault or abuse that took place in Chicago, district personnel will transfer the call to ARS.
  • B.If an individual calls a district station to report a criminal sexual assault or abuse that took place outside of Chicago, district personnel will transfer the call to ARS.
  • C.If an individual reports to a district officer or comes to a district station to report a criminal sexual assault or abuse that took place outside of Chicago, district personnel will:
    • 1.complete the report;
    • 2.give the victim the Sexual Assault Incident Notice (CPD-23.404);
    • 3.notify ARS that the report has been taken; and
    • 4.immediately fax the report to ARS.
      NOTE:
      ARS will send the report to the outside law enforcement agency that has jurisdiction over the location of the reported criminal sexual assault or abuse.
VII.RESPONDING OFFICER DUTIES
When responding to a report of sexual assault or sexual abuse, Department members will follow procedures outlined in the Department Directive entitled "Preliminary Investigations" and will:
  • A.offer hospital emergency and forensic services, summon emergency medical assistance and, if needed, offer to provide or arrange for transportation.
    • 1.if the victim consents to a forensic medical exam, the officer will not be present during the physical exam, unless requested by the victim.
    • 2.an officer may conduct a joint interview with healthcare providers, with victim consent.
  • B.complete a General Offense Case report, including (if victim will give information) documenting;
    • 1.the victim's name or other identifier;
    • 2.the victim's contact information;
      NOTE:
      Determine the best way to contact the victim for follow-up based on the victim’s concerns about privacy, confidentiality, and safety.
    • 3.time, date, and location of the offense;
    • 4.information provided by the victim;
    • 5.the suspect's description and name, if known;
    • 6.names of persons with information relevant to the time before, during, or after the sexual assault or sexual abuse, and their contact information;
    • 7.names of medical professionals who provided a medical forensic examination of the victim and any information they provided about the sexual assault or sexual abuse;
    • 8.whether an Illinois State Police Sexual Assault Evidence Collection Kit was completed, the name and contact information for the hospital, and whether the victim consented to testing of the Evidence Collection Kit by law enforcement;
    • 9.whether a urine or blood sample was collected and whether the victim consented to testing of a toxicology screen by law enforcement;
    • 10.other relevant information.
      NOTE:
      No Department member will require a victim of sexual assault or sexual abuse to submit to an interview; however, information the victim related to medical professionals during the medical forensic examination and that the victim consented to disclose to law enforcement will be included in the police report.
    • 11.signs of physical and psychological trauma to the victim;
    • 12.any aggravating factors present;
    • 13.the victim's, witness's, and suspect's own words. Quotes will be used and the language reported to the member will not be paraphrased or "cleaned up."
    • 14.details of how a consensual encounter turned nonconsensual, including details of how and when the subject's behavior changed and how the victim expressed or demonstrated non-consent to the continued acts.
    • 15.details and descriptions of the victim's lack of consent, including the victim's description of any subtle and overt actions. Silence does not imply consent.
    NOTE:
    If the victim refuses to provide any information, a case report will be prepared with the date, time, hospital, attending physician, and any other information made
    available.
  • C.provide the victim with information
    • 1.Provide the victim with the Sexual Assault Incident Notice (CPD-23.404) and review the following content:
      • a.seeking medical attention and preserving evidence, specifically, collection of evidence during a medical forensic examination at a hospital and photographs of injury and clothing;
      • b.consenting to evidence collection, testing and storage, including the fact that the evidence will be held by the Chicago Police Department for five years from the date of the Sexual Assault Incident Notice was given or sent to the victim or until the victim's twenty-third birthday.
      • c.investigative follow-up;
      • d.Chicago Rape Crisis Hotline phone number: 1-888-293-2080;
      • e.the victim will not be required to pay out-of-pocket costs for hospital emergency and medical forensic services. If the victim is not insured there will be no charge.
      • f.Crime Victim's Compensation phone number: 1-800-228-3368;
      • g.evidence can be collected at the hospital up to seven days after the sexual assault or sexual abuse, but the longer the victim waits, the less the likelihood of obtaining evidence;
      • h.the location of nearby hospitals that provide emergency medical and forensic service and, if known, whether the hospitals employ any sexual assault nurse examiners;
      • i.a summary of procedures and relief available to victims of sexual assault or sexual abuse under the Civil No Contact Order Act or the Illinois Domestic Violence Act of 1986;
      • j.the Department member's name and star number;
      • k.at least one referral to an accessible service agency and information advising the victim that sexual assault crisis centers can assist with obtaining civil no contact orders and orders of protection; and
      • l.the address and phone number of a specific contact at the law enforcement agency having jurisdiction if the sexual assault or sexual abuse occurred in another jurisdiction.
    • 2.Inform the victim that he or she does not need to make a decision about participating in the criminal justice process at this time but that a case report with an identifying number will be completed under which case evidence will be stored.
    • 3.inform the victim that the sexual assault forensic evidence collected will not be used to prosecute the victim for any offense related to the use of alcohol, cannabis, or a controlled substance;
    • 4.Contact or assist hospital personnel in contacting an agency social worker or victim advocate, if available, or identify other resources for the victim, including the National Sexual Assault Hotline (1-800-656-4673).
  • D.If responding to a report of sexual abuse or sexual assault of a child (under 18 years of age) or of an older adult at risk, members will follow procedures outlined in Department directives "Abused, Neglected, Dependent or Abandoned Children Coming Under Department Control" "Children's Advocacy Center", or "Older Adults at Risk."
  • E.Responding officers will, first and foremost, focus on the needs and concerns of the victim to ensure compassionate and sensitive delivery of services in a nonjudgemental manner.
VIII.Victim Notification regarding evidence testing
Department members will:
  • A.advise the victim of the five-year window for written consent for the sexual assault evidence to be analyzed by law enforcement.
    • 1.A victim shall have ten years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or ten years from the age of eighteen, whichever is longer, to sign a written consent to allow the sexual assault evidence to be tested by law enforcement.
    • 2.If the victim or a person authorized under Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act does not sign the written consent at the completion of the medical forensic examination, he or she may sign the written consent at the law enforcement agency having jurisdiction, or in the presence of a sexual assault advocate who may deliver the written consent to the law enforcement agency having jurisdiction.
    • 3.The victim may provide verbal consent to law enforcement and will verify consent via email or fax.
      NOTE:
      The assigned Department member will ensure the consent form is completed and sent with the evidence kit to the appropriate state police laboratories.
    • 4.Upon receipt of written or verbal consent, the law enforcement agency having jurisdiction shall submit the sexual assault evidence for testing in accordance with the Sexual Assault Evidence Submission Act. No law enforcement agency having jurisdiction may refuse or fail to send the sexual assault evidence for testing that the victim has released for testing.
    • 5.Per Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act:
      • a.in the case of a victim who is a minor 13 years of age or older, evidence and information concerning the sexual assault may be released at the written request of the minor.
      • b.if the victim is a minor who is under 13 years of age, evidence and information concerning the sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.
      • c.if the survivor is an adult who has a guardian, a healthcare surrogate, or an agent acting under a healthcare power of attorney, then consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault.
      • d.if the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a healthcare power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.
      NOTE:
      A sexual assault advocate may deliver the written consent to law enforcement.
  • B.advise and provide a written notice to a victim who does not sign a written consent to analyze the sexual assault evidence prior to discharge from the hospital with the following information:
    • 1.that the sexual assault evidence will be stored by the Chicago Police Department for a minimum of ten years;
    • 2.that the victim may sign a written consent to test the sexual assault evidence at any time during the ten-year period by contacting the Chicago Police Department or by working with a sexual assault advocate;
    • 3.the name, phone number, and email address of the Chicago Police Department; and
    • 4.the name and phone number of a local sexual assault crisis center.
  • C.advise the victim of the Department procedure for those who may, in the future, want to sign a written consent to analyze the sexual assault evidence and for those who want to be notified or have a designee notified prior to the end of the ten-year period.
  • D.provide the victim or third-party reporter with the Written Statement and Explanation of (Crime Victims’) Rights within 48 hours of initial contact to inform victims of their rights under the Illinois Constitution, the Rights of Crime Victims and Witnesses Act, and the Crime Victims Compensation Act and document in the narrative of the case report that the form was provided.
IX.Evidence Collection and Processing
The Chief, Bureau of Detectives, will establish bureau-level procedures to ensure compliance with the evidence and notification requirements outlined in the Illinois Sexual Assault Incident Procedure Act, 725 ILCS 203, including but not limited to:
  • A.taking custody of the sexual assault evidence and submitting the evidence to the Illinois State Police Crime Laboratory.
  • B.responding to victims who want to consent to the testing of evidence, in particular, after the initial collection of the evidence.
  • C.the storage of sexual assault evidence for at least five years from the completion of the kit or ten years from when the victim turns 18 years of age.
  • D.the release of information to the victim regarding the submission of the evidence for testing and the status and results of the testing.
X.Limited Immunity from from Prosecution for Certain Offenses for Victims of Sexual Assault or a Person Reporting a Sexual Assault
Illinois State Senate Bill 3404, effective 1 January 2019, amends The Liquor Control Act of 1934 [235 ILCS 5/6-20] and The Illinois Controlled Substance Act [720 ILCS 570/415] to provide limited immunity from prosecution for certain offenses when reporting a sexual assault or when seeking emergency medical services or medical forensic services for a victim of sexual assault.
  • A.Under the amended Liquor Control Act of 1934 [235 ILCS 5/6-20] a law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves the consumption, purchase, acceptance of delivery, or possession of alcohol by any person under 21 years of age, if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
    • 1.The law enforcement officer has contact with the person because the person:
      • a.reported that he or she was sexually assaulted;
      • b.reported a sexual assault of another person or requested emergency medical assistance or medical forensic services for another person who had been sexually assaulted; or
      • c.The report of a sexual assault may have been made to a health care provider, to law enforcement, including the campus police or security department of an institution of higher education, or to the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault under State or federal law.
      • d.acted in concert with another person who reported a sexual assault of another person or requested emergency medical assistance or medical forensic services for another person who had been sexually assaulted;
        NOTE:
        This provision shall not apply to more than 3 persons acting in concert for any one occurrence.
    • 2.The person who reports the sexual assault:
      • a.provided his or her full name;
      • b.remained at the scene until emergency medical assistance personnel arrived, if emergency medical assistance was summoned for the person who was sexually assaulted and he or she cooperated with emergency medical assistance personnel; and
      • c.cooperated with the agency or person to whom the sexual assault was reported if he or she witnessed or reported the sexual assault of another person.
  • B.Under the amended The Illinois Controlled Substance Act [720 ILCS 570/415] A person who is a victim of a sexual assault or a person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a substance analog:
    • 1.if evidence for the Class 4 felony possession charge was acquired as a result of the person reporting the sexual assault to law enforcement, or seeking or obtaining emergency medical assistance or medical forensic services; and
    • 2.provided the amount of substance recovered is within the below identified amounts:
      • a.Less than 3 grams of:
        • (1)heroin
        • (2)cocaine
        • (3)morphine
        • (4)lysergic acid diethylamide (LSD).
      • b.Less than 6 grams of:
        • (1)pentazocine (an opioid)
        • (2)methaqualone (a sedative sold under the name Quaalude)
        • (3)phencyclidine (angel dust)
        • (4)ketamine (sold under the brand name Ketalar - used in starting and maintaining anesthesia)
      • c.Less than 40 grams of:
        • (1)peyote
        • (2)barbituric acid
        • (3)narcotic drug schedule I
        • (4)narcotic drug schedule II.
    • 3.The limited immunity described in this Section shall not be extended if the member has reasonable suspicion or probable cause to detain, arrest, or search the person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the person taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine, or other controlled substances, drug-induced homicide, or any other crime.
(Items indicated by italic/double underline have been added or revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
18-119 SB