Chicago Police DepartmentGeneral Order G03-06
Officer-Involved Death Investigations
Issue Date:20 September 2017Effective Date:15 October 2017
Rescinds:30 March 2016 Version
Index Category:Field Operations
I.Purpose
This directive:
  • A.continues the procedures for investigating officer-involved deaths pursuant to the Illinois Police and Community Relations Improvement Act (50 ILCS 727).
  • B.satisfies CALEA Law Enforcement Standard Chapter 41.
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.
III.Investigative Authority
  • A.Pursuant to Section 2-78-120(e) of the Municipal Code of the City of Chicago, COPA will have jurisdiction to conduct investigations of officer-involved death incidents as defined by 50 ILCS 727/1-5.
    NOTE:
    COPA will have the jurisdiction to conduct investigations into an officer-involved death when a member is off duty but performing activities that are within the scope of his or her law enforcement duties.
  • B.The Deputy Chief assigned to the Street Operations Unit, Office of the First Deputy Superintendent (Street Deputy) will oversee the Department's on-scene investigative responsibilities into the incident and the underlying criminal conduct of non-Department members and coordinate the Department's on-scene law enforcement related activities related to:
    • 1.the preservation of public safety.
    • 2.the investigation of any underlying criminal offenses by non-Department members.
    • 3. the Department's response, actions, and, if applicable, investigative responsibility, for other non-criminal incidents resulting in an officer-involved death (e.g., suicide in custody).
    • 4.motor vehicle crashes resulting in an officer-involved death (as defined by the Police and Community Relations Improvement Act, 50 ILCS 727) for which COPA will serve as the lead investigative agency.
  • C.Officer-involved death investigations remain bound by the involved members' respective collective bargaining agreement(s) and the Department directive entitled "Department Member's Bill of Rights," including the timeliness of documented formal statements.
  • D.COPA will conduct the officer-involved death investigation consistent with the Police and Community Relations Improvement Act (50 ILCS 727). The on-scene COPA personnel will coordinate with the Street Deputy any investigative activity that is pursued at the scene that relates to the officer-involved death incident.
  • E.When an officer-involved death incident requires more than one concurrent investigation, the responsibilities of the lead agencies are as follows:
    • 1.Any on-scene activities required to ensure public safety will be commenced immediately and led and coordinated by Department personnel. These activities will take precedence over any investigation.
    • 2.The investigation of the underlying criminal offense involving non-Department members will be led and coordinated by Department personnel. This investigation will:
      • a.not interfere with the investigation conducted under the requirements of 50 ILCS 727/1-10;
      • b.be conducted by the Bureau of Detectives Investigative Response Team (IRT) which will report to and coordinate with the assigned Street Deputy;
      • c.be assisted by the appropriate Bureau of Detectives Area personnel who will report to and coordinate with the assigned Street Deputy;
      • d.be conducted independently and consistent with the procedures established by the Chief, Bureau of Detectives.
    • 3.The investigation into the actions of any Department member in relation to the officer-involved death will be conducted by COPA personnel.
      NOTE:
      Nothing in the Police and Community Relations Improvement Act (50 ILCS 727) prevents the Department from conducting an internal review of use of force incidents to address Department policy, training, tactical, and equipment considerations.
  • F.To ensure the proper coordination of activities and investigations, the assigned Street Deputy, appropriate Bureau of Detectives Area supervisor, IRT supervisor, and responding COPA personnel will confer at the scene about the conduct of on-scene investigative activity.
  • G.When 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, and the action or omission does not otherwise fall within COPA's jurisdiction, the Street Deputy will coordinate the investigation of the incident and confer with COPA's investigative personnel to assess what, if any, investigative activities shall be led by or otherwise involve COPA personnel.
  • H.For any officer-involved death incident involving a law enforcement officer employed by a law enforcement agency other than the Department, the Chicago Police Department will conduct all investigative activities related to the incident and perform all of the duties required by the Police and Community Relations Improvement Act (50 ILCS 727). Federal law enforcement agencies and law enforcement agencies from outside of Illinois are not governed by the act and any investigation into an officer-involved death incident or the use of deadly force will be investigated under the jurisdiction of the involved agency. The Chicago Police Department will provide assistance, as needed.
IV.Initial Responsibilities
  • A.For incidents involving the death of or life threatening injuries to one or more members of the public, where such death or injury 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.immediately request medical attention for the injured, and may provide appropriate medical care consistent with their training.
      • b.immediately notify the Office of Emergency Management and Communications providing all relevant information and requesting additional resources.
      • c.attend to all required emergency and security duties arising from the incident, including crime scene protection, until the arrival of responding supervisory personnel.
      • d.remain on the scene, if not injured, and report to a field supervisor from the district of occurrence upon his or her arrival.
    • 2.OEMC will notify the:
      • a.involved member's immediate supervisor.
      • b.field supervisor and the watch operations lieutenant from the district of occurrence.
      • c.Crime Prevention and Information Center (CPIC).
    • 3.Crime Prevention and Information Center (CPIC) will notify the following via email and phone communication:
      • a.the Street Deputy.
      • b.the commander of the district of occurrence.
      • c.COPA personnel.
      • d.the commander of the affected Bureau of Detectives area.
      • e.Bureau of Detectives Investigative Response Team (IRT).
      • f.the area deputy chief, Bureau of Patrol.
      • g.the involved member's commanding officer.
      • h.Major Accident Investigation Unit, when appropriate.
      • i.any other units or agencies as appropriate and consistent with CPIC procedures.
    • 4.assigned supervisor from the district of occurrence will:
      • a.immediately respond to the scene.
      • b.ensure the public safety investigation is conducted, including:
        • (1)securing the scene;
        • (2)addressing any injuries and public safety issues; and
        • (3)identifying and securing any victims, offenders, witnesses, and evidence.
      • c.ensure CPIC is notified of the incident and request the assignment of the Street Deputy and additional Department resources, if necessary.
      • d.ensure the Medical Examiner's Office is notified of the officer-involved death and a Medical Examiner (ME) number is obtained.
    • 5.IRT supervisor will, if appropriate, be responsible for notification to the Cook County State's Attorney's Office Felony Review concerning the underlying criminal investigation.
    • 6.COPA investigators will be responsible for notification to the Cook County State's Attorney's Office Special Prosecution Bureau concerning the officer-involved death investigation.
      NOTE:
      During the course of the investigation into the conduct of sworn members related to the officer-involved death, all investigatory inquiries from members of the Cook County State's Attorney's Office Special Prosecution Bureau will be responded to by an IRT supervisor.
  • B.Upon notification of an officer-involved death incident as defined by 50 ILCS 727, COPA personnel will immediately respond to the scene.
  • C.Department members will perform all actions necessary to address the immediate needs of the scene, including:
    • 1.immediately requesting medical attention for the injured. A Department member may provide appropriate medical care consistent with their training.
    • 2.securing the scene of the incident.
    • 3.locating and apprehending any offenders.
    • 4.identifying and securing evidence and witnesses.
  • D.Once the scene is safe and secure, the COPA investigative personnel will have immediate access to all areas within the designated crime scene, in coordination with the Street Deputy.
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:
    • 1.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 immediate medical treatment will seek such treatment, and thereafter, make themselves available to confer with the Street Deputy.
    • 2.separate from and avoid any contact or communication with any other involved members until released by the Street Deputy in coordination with COPA.
  • B.Department members will not disengage his or her activated Department-issued recording equipment (e.g., In-car Video Systems, Body Worn Cameras) until so directed by an on-scene supervisor in accordance with the procedures delineated in the Department directives entitled "Body Worn Cameras" and "In-Car Video Systems."
    NOTE:
    The Body Worn Camera of the involved member will be secured consistent with the Department directive entitled "Body Worn Cameras."
  • C.Department member(s) involved in an officer-involved death incident will:
    • 1.cooperate with the public safety investigation conducted by a supervisor by providing an oral response to the public safety questions. The public safety investigation will consist of general safety questions concerning:
      • a.any injuries sustained by the member or other individuals.
      • b.whether weapons were discharged, either by Department members or other individuals, what type of weapons, and the direction of the discharges.
      • c.whether subjects are still at large, their descriptions, direction of travel, and alleged criminal offense(s).
      • d.the identification and location of any victims, offenders, witnesses, or evidence.
      • e.information about any involved vehicles, including damage to vehicles or vehicle-related safety concerns.
      • f.any officer-wellness related matters.
      NOTE:
      Department members will ensure Department-issued recording equipment (e.g., In-Car Video Systems, Body Worn Camera) are deactivated before providing oral responses to the public safety questions as delineated in the Department directives entitled "Body Worn Cameras" and 'In-Car Video Systems."
    • 2.upon arrival of the Street Deputy/on scene incident commander, cooperate with any additional public-safety-related questions as consistent with examples provided above.
    • 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 (e.g., In-Car Video Systems and Body-Worn Cameras) that contains audio or video of the incident. This applies solely to audio and video captured from the perspective of the member making the statement (e.g., the Body-Worn Camera worn by the member and In-Car Video footage taken while the member was in the relevant vehicle). Any listening to such audio or viewing such video must be disclosed by the member or his or her supervisor in the reports and documentation related to the incident. Such information will be documented on the case report, Tactical Response Report (TRR), and any other applicable Department reports completed for the incident.
  • D.The on-scene Street Deputy will:
    • 1.ensure the public safety investigation at the scene of the incident is conducted.
    • 2.confer with the supervisor who conducted the initial public safety investigation and, if deemed necessary, conduct a voluntary walk through and a public safety interview with each of the involved Department member(s) without delay and outside the presence of any other individual.
    • 3.ensure that each involved member is accompanied by a supervisor of higher rank than the involved member, when feasible, who will ensure the involved member is separated and directed not to communicate with any other Department member (except as expressly permitted in accordance with the involved member's respective collective bargaining agreement) or civilian witnesses to the incident. The involved member will be removed from the scene as soon as practicable and remain accompanied by a supervisor until excused by the Street Deputy.
    • 4.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.
    • 5.otherwise coordinate the Department's on-scene response to any officer-involved death incident and may direct additional investigatory actions as deemed necessary.
  • E.Upon the arrival of COPA personnel, the Street Deputy will provide a narrative of the incident to the COPA 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(s).
    • 3.disclosing any and all evidence and witnesses identified by Department personnel.
  • F.The Street Deputy has an ongoing obligation to keep COPA personnel apprised of all relevant information or evidence identified pursuant to on-scene law enforcement activity.
  • G.Crime Scene Access and Evidence Collection
    • 1.Once the scene is safe and secure, the COPA investigative personnel will have access to all areas within the designated crime scene, in coordination with the Street Deputy.
    • 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 Forensic Services Division may mark and photograph evidence at the scene prior to the arrival of the COPA investigative personnel. Evidence will not be collected or processed until the arrival of the COPA personnel, unless exigent circumstances necessitate immediate collection and processing (e.g., inclement weather resulting in the loss or destruction of evidence).
      • b.Additional evidence identified by the on-scene COPA investigative personnel will be collected by Forensic Services Division personnel with the concurrence and approval of the COPA investigative personnel.
      • c.Any and all items of evidence identified by either the Department or COPA will be photographed, collected, and processed by Forensics Services Division personnel.
      • d.A member of the COPA investigative team must be present, when practicable, for the collection and examination of any:
        • (1)firearms recovered at the scene; and
        • (2)audio/video evidence obtained pursuant to the on-scene investigation.
  • H.Witness Interviews
    • 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, but are willing to be interviewed on scene should be accommodated and, if appropriate, afforded safety and security considerations. On-scene voluntary interviews may be facilitated by the use of Department recording devices (In-Car Video Systems, Body Worn Cameras, etc.) consistent with the Department directives entitled "Body Worn Cameras" and “Preliminary Investigations."
    • 2.Witnesses will not be held or detained against their will consistent with the Department directive entitled "Preliminary Investigations."
    • 3.COPA personnel will be afforded the opportunity to interview all witnesses as soon as practicable. If the Department is conducting a concurrent investigation of criminal conduct by non-Department members related to the officer-involved death incident, the witness interviews may be conducted concurrently, if feasible, by the Department and COPA.
    • 4.All witnesses should be informed of the opportunity to speak with investigative personnel from COPA. When known, Department personnel will notify COPA personnel before a witness leaves a Department facility or the scene of the incident. However, witnesses will not be held or detained against their will solely for the purpose of notifying COPA personnel.
    • 5.COPA, and, if appropriate, the ASA, will interview any available civilian witnesses.
    NOTE:
    If necessary, the order in which Department investigators and COPA investigators conduct witness interviews will be determined by the Street Deputy and the COPA investigative personnel, after consultation with the Bureau of Detectives personnel.
  • I.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 highest ranking on-scene Bureau of Patrol supervisor will ensure that the deceased remains are pronounced consistent with the Department directive entitled "Processing and Transportation of Deceased Persons." When removing the decedent from the scene, Department members will proceed in a respectful and private manner to the extent possible.
  • J.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 track and document the 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 COPA investigative personnel will be elevated up the respective chains of command for resolution.
  • B.If this directive conflicts with any other Department directive, this directive will take precedence.
Kevin B. Navarro
Acting Superintendent of Police
16-088 RCL/MWK/KT/TPF