Chicago Police DepartmentGeneral Order G08-03
Prohibition on Associations with Criminal Organizations
Issue Date:24 January 1997Effective Date:25 January 1997
Rescinds:G97-01
Index Category:Professionalism
I.Purpose
This directive establishes Department policy and provides guidelines relative to prohibiting Department members from membership in or affiliation with criminal organizations and from association with known members of criminal organizations.
II.Policy
The presence of criminal organizations, including, but not limited to, street gangs, poses a substantial threat to the citizens of the City of Chicago and directly impedes the Department’s efforts to provide for public safety. Membership in, or affiliation with, criminal organizations, or association with known members of criminal organizations, including criminal street gangs, is inconsistent with the oath administered to all sworn members and interferes with the mission of the Department to fairly and impartially enforce the law and maintain public order. In order to maintain public order and ensure that public confidence is maintained, Department members are prohibited from membership or affiliation with, criminal street gangs and other criminal organizations defined in this directive. Additionally, members are prohibited from association with known members of criminal street gangs and other criminal organizations defined in this directive.
NOTE:
This directive shall be construed as allowing conduct protected by the First Amendment. Nothing in this directive applies to the activities of Department members in organizations, associations or groups having political, educational, cultural, philosophical, religious or scientific purposes, unless such affiliation involves the type of fraternizing or associating with criminal organizations or known members which undermines the public’s confidence in the Department. Only that conduct which is detrimental to the ability of the Department to achieve its stated mission is prohibited by this directive. Under no circumstances shall a member be disciplined for engaging in activities involving the advocacy of any idea or the practice of any belief through lawful joint action on behalf of any idea or belief.
III.Specific Prohibitions
The following activities are specifically prohibited by this directive and any violations by a Department member shall subject the member to disciplinary action:
  • A.Membership in or affiliation with any criminal organization, provided that the existence of such criminal organization has been identified by the Gang Investigation Section and/or Intelligence Section and published internally by the Department.
  • B.Association with any member of a criminal organization, provided that:
    • 1.the Department member knew or should have known that the person with whom the member was associating was a member of a criminal organization; or
    • 2.the Department member has previously received a specific order from the Department to refrain from associating with a person who has been identified by the Department as a member of a criminal organization.
IV.Determining and Substantiating Violations of This Directive
  • A.Criminal organizations shall be identified on the basis of specific, documented and reliable information, including but not limited to:
    • 1.analysis of crime pattern information.
    • 2.observations by Department members.
    • 3.witness interviews.
    • 4.interviews of admitted criminal street gang members.
    • 5.information received from informants who have proven to be reliable and whose information can be independently corroborated.
  • B.Membership in or affiliation with a criminal organization must be substantiated by specific, documented and reliable information, including but not limited to:
    • 1.the individual's admission of membership or affiliation.
    • 2.the wearing of distinctive emblems, tattoos, or similar markings indicative of a specific criminal organization, but only when such emblems, tattoos or similar markings would not reasonably be expected to be displayed by any individual except a member of that specific criminal organization.
      NOTE:
      Membership may not be established solely because an individual is wearing specific items of clothing which are available for sale to the general public.
    • 3.the use of signals or symbols indicative of a specific criminal organization.
    • 4.the identification of the individual as a member or affiliate of a specific criminal organization by an individual who has provided reliable information to the Department in the past and whose information can be independently corroborated.
    • 5.the identification of the individual as a member or affiliate of a specific criminal organization by another member of the Department based on the criteria established in Item III of this directive.
  • C.Association with a member of a criminal organization requires a two-part determination:
    • 1.First, it must be determined that the person with whom the Department member allegedly is associating is a member of a criminal organization. That element must be substantiated by specific, documented and reliable information such as described in Item III-B of this directive.
    • 2.Second, the Department member's association with such criminal organization member must be substantiated by specific, documented and reliable information, including but not limited to:
      • a.the Department member's admission of the association.
      • b.the identification of the Department member as a person who associates with or has been associating with a specific criminal organization member by an individual who has provided reliable information to the Department in the past and whose information can be independently corroborated.
      • c.the identification of the Department member as one who associates or has been associating with a specific criminal organization member, by another member of the Department.
V.Responsibilities
  • A.Department members will:
    • 1.refrain from membership in or affiliation with criminal organizations identified by the Gang Investigation Section and/or Intelligence Section and included in the listing published internally by the Human Resources Division.
    • 2.refrain from association with known members of criminal organizations.
    • 3.conform with the Department directive entitled "Complaint and Disciplinary Procedures" and:
      • a.immediately notify a supervisory member, and prepare a written report to the member's commanding officer of any alleged violation of Items III-A-1 or 2 of this directive.
      • b.if the member has command or supervisory responsibilities, initiate a complaint register investigation whenever a violation of Items III-A-1 or 2 of this directive is alleged.
    • 4.when in doubt about the status of an organization, contact the Human Resources Division to determine if an organization is included on the listing of organizations which the Department's Gang Investigation Section and/or Intelligence Section has identified as being criminal in nature.
  • B.The Gang Investigation Section will:
    • 1.prepare and forward to the Human Resources Division, at least annually, a complete listing of all criminal organizations identified by the Gang Investigation Section.
    • 2.periodically update the list of criminal organizations as additional information becomes available, and forward the additional information to the Human Resources Division.
  • C.The Intelligence Section will:
    • 1.prepare and forward to the Human Resources Division, at least annually, a complete listing of all criminal organizations identified by the Intelligence Section.
    • 2.periodically update the list of criminal organizations as additional information becomes available, and forward the additional information to the Human Resources Division.
  • D.The Human Resources Division will:
    • 1.maintain a current listing of all criminal organizations identified by the Department which have been provided by the Gang Investigation Section and/or Intelligence Section.
    • 2.publish a current listing, at least annually, and include any subsequent updates received from time to time from the Gang Investigation Section and the Intelligence Section.
      NOTE:
      An annual listing will be disseminated to Department members. Updates to this listing will be published in the Daily Bulletin. The listing with updates will be retained in the Human Resources Division as a reference document.
    • 3.assist any Department member to determine whether a specific organization is included in the list of organizations which the Department's Gang Investigation Section and/or Intelligence Section have identified as a criminal organization.
  • E.Command Staff Members/unit commanding officers will:
    • 1.order any Department member under their command to refrain from membership in or affiliation with criminal organizations or from associating with known members of criminal organizations, when it comes to their attention that a member under their command has become a member of or is affiliated with a criminal organization, or has associated with a known member of a criminal organization. All such orders shall be in writing and a copy of each such order shall be sent to the Internal Affairs Division.
    • 2.comply with Item V-A-3 of this directive.
Matt L. Rodriguez
Superintendent of Police
96-049 MU(AJB)