Chicago Police DepartmentDepartment Notice D15-09
Cook County State's Attorney's Alternative Prosecution and Drug Deferred Prosecution Program
Issue Date:16 October 2015Effective Date:19 October 2015
Rescinds:
Index Category:Department Notice
I.PURPOSE
  • A.This directive informs Department members of the Cook County State’s Attorney’s Alternative Prosecution Program for misdemeanor possession of cannabis, and the Cook County State's Attorney's Drug Deferred Prosecution Program (DDPP) for felony possession of cannabis and felony possession of a controlled substance.
  • B.In order to keep low-level, nonviolent drug offenders out of the criminal justice system, the alternative prosecution programs seek to provide drug treatment and social services programs in lieu of traditional prosecution and sentencing for repeat, nonviolent felony offenders.
  • C.Members are reminded that the Cook County State's Attorney's Alternative Prosecution Program will not diminish, nor impair members' duties and responsibilities for the enforcement of all laws and ordinances. Members will continue to take the the appropriate actions when a violation of the law occurs regarding possession of a controlled substance including arrest, when probable cause exists.
  • D.Members will continue to enforce all applicable laws and ordinances relating to the possession of cannabis, including citing persons found in possession of less than 15 grams of cannabis with an Administrative Notice of Ordinance Violation (ANOV) rather than a physical arrest unless aggravating factors are present, the violator is ineligible for an ANOV citation, or extenuating circumstances exist.
II.GENERAL INFORMATION
  • A.Cook County Alternative Prosection Program Guidelines
    • 1.Under the Cook County Alternative Prosecution Program for misdemeanor offenses:
      • a.the State's Attorney's Office may decline to prosecute defendants charged with a first or second offense, of possession of less than 30 grams of cannabis who have no significant violence in their backgrounds, and fewer than 3 prior cannabis arrests.
      • b.defendants charged with possession of less than 30 grams of cannabis, who have three or more prior cannabis arrests, and no significant violence in their backgrounds will be referred to the Drug School Program, or other alternative sentencing and will have their cases dismissed once the program requirements are met.
    • 2.The Cook County State's Attorney's Office alone will make the decision to offer eligible defendants the opportunity to participate in the Alternative Prosecution Program.
  • B.Cook County Drug Deferred Prosecution Program
    • 1.Under the Drug Deferred Prosecution Program (DDPP), at Bond Court, the Cook County Prosecutor may offer defendants with:
      • a.prior nonviolent felony convictions charged with a Class 4 Felony amount of possession of cannabis (30-500 grams), an opportunity to have their court cases diverted.
      • b.any number of felony convictions charged with less than one gram of a controlled substance, an opportunity to have their court cases diverted.
      • c.fewer than five previous felony convictions charged with possession of one to three grams of a controlled substance, an opportunity to have their court cases diverted.
    • 2.Upon successful completion of the Drug Deferred Prosecution Program (DDPP) requirements, eligible defendants will have their court cases dismissed.
    • 3.Defendants who meet the terms of the Drug Deferred Prosecution Program (DDPP), will be eligible for participation in the program a maximum of three times.
      NOTE:
      Defendants charged with Delivery of Cannabis, Delivery of a Controlled Substance, or Delivery of Methamphetamine are not eligible for participation for the Drug Deferred Prosecution Program (DDPP).
    • 4.The Cook County State's Attorney's Office alone will make the decision to offer eligible defendants the opportunity to participate in the Drug Deferred Prosecution Program (DDPP).
III.MEMBERS RESPONSIBILITIES
Members will refer to and comply with all relevant Department directives, including but not limited to the following:
IV.ADDITIONAL INFORMATION
If station supervisors believe that the Cook County State’s Attorney’s Office should be informed of circumstances relative to the deferment of any offender, they may document this in the “Watch Commanders Comments” section of the CLEAR Automated Arrest Application.
V. COOK COUNTY STATE'S ATTORNEY'S ALTERNATIVE SENTENCING AND DRUG DEFERRED PROSECUTION PROGRAM GUIDELINES
OffenseEligibility Guidelines

Possession of Cannabis (<2.5 grams)
720ILCS 550/4(a)
Class C Misdemeanor

Possession of Cannabis (2.5 - 10 grams)
720ILCS 550/4(b)
Class B Misdemeanor

Possession of Cannabis (10 - 30 grams)
720ILCS 550/4(c)
Class A Misdemeanor

1st, 2nd offense: CCSAO may decline prosecution

3rd / subsequent offense: Possible Drug School or other Alternative Prosecution/Sentencing Program
*
Possession of Cannabis (30-500 grams) with one or more previous felony convictions 720ILCS 550/4(d) Class 4 Felony

Possession of Cocaine/Heroin/Ecstasy less than one gram with one or more felony convictions, or 1-3 grams with fewer than 5 previous felony convictions of 720ILCS 570/402(c) Class 4 Felony

Possession of Methamphetamine less than one gram with one or more felony convictions, or 1-3 grams with fewer than 5 previous felony convictions 720ILCS 646/60(b)(1) Class 3 Felony






*Drug Deferred Prosecution Program or other Alternative Prosection/Sentencing Program
*for individuals with no significant violence in their recent criminal histories not charged with Manufacturing/Delivery 
NOTE:
Department members will not make a physical arrest or use an Illinois Compiled Statutes (ILCS) charge for possession of less than 15 grams of cannabis, unless aggravating factors are present, the violator is ineligible for an ANOV citation, or extenuating circumstances exist. Department members will refer to the Special Order titled "Alternative Cannabis Enforcement Program" for additional procedures.
Garry F. McCarthy
Superintendent of Police
15-128 CPM