Chicago Police DepartmentEmployee Resource E06-05
Behavioral Intervention System
Issue Date:30 November 2017Effective Date:30 November 2017
Rescinds:22 March 2005 Version
Index Category:Personnel Support
I.Purpose
This directive:
  • A.defines specific terms that pertain to the Behavioral Intervention System.
  • B.states Department policy relating to the Behavioral Intervention System.
  • C.identifies general and specific responsibilities associated with the system.
  • D.continues the use of the:
    • 1.Department's Behavioral Intervention System.
    • 2.Behavioral Intervention System Counseling Record (CPD-11.665).
    • 3.Counseling Session Report (CPD-11.666).
    • 4.Individualized Performance Plan (IPP) (CPD-62.217).
  • E.satisfies CALEA Law Enforcement Standards Chapters 35, 26, and 22.
II.Policy
It is the policy of the Department to support members experiencing personal problems which may be affecting their work performance and offer them the counseling resources currently available through the Department.
III.General Information
  • A.The Behavioral Intervention System is designed to identify Department members that may be in need of Department assistance; it is not a disciplinary process, nor is the system designed to interfere with promotion, transfer, bidding, or other employment benefits. However, it must be understood that the behavior or performance issue which placed a member in the Behavioral Intervention System may be used by Department managers in making decisions regarding the member. Behavioral Intervention System records will be maintained separate from the Department's disciplinary records and personnel employee records.
  • B.An essential element of an effective personnel management system is the early identification of members that engage in conduct contrary to the goals of the Department.
  • C.Review of various Department records provides an effective means by which members exhibiting troublesome behavioral characteristics can be identified.
  • D.Command and supervisory members are responsible for monitoring the performance of their subordinates. The performance of all personnel will be continually monitored for both positive and negative aspects. Command and supervisory members are required to take the necessary actions to resolve unacceptable levels of performance and will ensure that all available Department resources are utilized.
IV.Placement in the Behavioral Intervention System
  • A.The Behavioral Intervention System is initiated when the Director, Human Resources Division, approves the placement of a Department member into the Behavioral Intervention System. The Director, Human Resources Division, may consider Department members for inclusion in the Behavioral Intervention System based on recommendations by any Department command staff member, the Executive Director of the Police Board, or a Department–contracted psychologist. A recommendation does not constitute automatic placement in the Behavioral Intervention System.
    NOTE:
    These recommendations will be made in writing and must set forth the reasons for the recommendation. The basis for any recommendation WILL NOT include any sustained Complaint Register investigation over five years old, Complaint Register investigations classified as unfounded or exonerated, or traffic crashes involving Department vehicles.
  • B.The following performance data are behavioral intervention indicators:
    • 1.All sustained Complaint Register investigations in which the Chief Administrator, Civilian Office of Police Accountability (COPA), or the Chief, Bureau of Internal Affairs, recommends that the Department member be included in the Behavioral Intervention System.
    • 2.Any pending Complaint Register investigations where there is evidence to support the claim and the nature of the allegation suggests that intervention may be appropriate. The decision to recommend must be made by the commanding officer of the investigating unit.
    • 3.One performance evaluation of "Requires Improvement" for sworn members and civilian members. A significant reduction in a member's performance evaluation may also be utilized as a behavioral intervention indicator.
    • 4.Any of the following categories of incidents over a twelve-month period:
      • a.Tardiness—five or more documented occurrences.
      • b.Summary Punishment Actions—four or more occurrences.
      • c.Absent Without Permission—one or more documented occurrence.
      • d.Absent Without Pay (AN)—five or more documented occurrences.
      • e.Medical roll misuse—a pattern which suggests excessive usage of the medical roll or a problem for which greater supervision is warranted.
      NOTE:
      The unit timekeeper will advise the commanding officer when a member’s non–IOD medical use totals five or more incidents. The commanding officer will consult with the Administrator, Medical Services Section. The Administrator, Medical Services Section, will determine if the reported medical roll use is for a serious medical condition. Use of medical time for a serious (as opposed to a transitory) illness is not a behavioral intervention indicator.
    • 5.Significant deviation of normal behavior or the conduct expected of the member.
    • 6.Two or more sustained Complaint Register investigations within a twelve-month period.
    • 7.Three not-sustained excessive force complaints within a twelve-month period.
    • 8.Four or more instances of “program-eligible conduct” as defined in the Department directive titled “Nondisciplinary Intervention Program.”
    • 9.A pattern of Complaint Register allegations that suggests to the commanding officer, the Chief Administrator, Civilian Office of Police Accountability (COPA), or the Chief, Bureau of Internal Affairs, that placement into the Behavioral Intervention System may be warranted.
  • C.The Behavioral Intervention System is terminated for each identified member whenever there is a twelve-month period without any behavioral intervention indicators and the member’s commanding officer certifies that the member has substantially complied with the Individualized Performance Plan (IPP).
    NOTE:
    After termination of a member’s status in the Behavioral Intervention System, all unit–level documents and counseling records pertaining to the program will be forwarded to the Director, Human Resources Division. The Director, Human Resources Division, will retain these records in accordance with the established retention schedule for such reports.
V.Responsibilities
  • A.Human Resources Division
    The Performance Management Section, Human Resources Division, is responsible for overseeing the Behavioral Intervention System, maintaining liaison with all Department units involved in managing Department members exhibiting unacceptable behavior, and establishing and maintaining a fair and consistent set of practices to ensure the cases of all personnel are treated in an equitable manner. As part of this system, the Human Resources Division will conduct a documented annual analysis of the Behavioral Intervention Program.
    The Director, Human Resources Division, has the authorization to initiate and terminate placement of a Department member in the Behavioral Intervention System. Upon receipt of a written recommendation for the placement of a member into the Behavioral Intervention System, a command staff member will:
    • 1.notify the member’s commanding officer (unless it is that member’s commanding officer’s recommendation);
    • 2.make a decision on the recommendation after receiving that commanding officer’s comments;
    • 3.order a mandatory physical examination in accordance with the Department directive titled “Drug, Drug Abuse, and Mandatory Physical and/or Psychological Exam,” including, but not limited to, a urine specimen on all Department members enrolled in the Behavioral Intervention System; and
    • 4.provide advice to the unit commanding officer and watch operations lieutenant regarding resources available to support personnel in the Behavioral Intervention System.
    NOTE:
    The Director, Human Resources Division, is responsible for determining a member's status in the Behavioral Intervention System.
  • B.Bureau of Internal Affairs/Civilian Office of Police Accountability (COPA)
    The Bureau of Internal Affairs and Civilian Office of Police Accountability (COPA) will:
    • 1.regularly review disciplinary records to identify those members that display a pattern of behavior that may require a recommendation for placement into the Behavioral Intervention System;
    • 2.notify the Director, Human Resources Division, only when their review of sustained, not sustained, or pending investigations identifies a member that has exhibited behavior that warrants placement in the Behavioral Intervention System; and
    • 3.inform the subject member’s commanding officer if a member has two or more sustained or five or more not sustained complaint register investigations within a twelve-month period.
  • C.Professional Counseling Service/Employee Assistance Program (EAP)
    The Professional Counseling Service/Employee Assistance Program (EAP) is responsible for specific counseling programs and/or referrals that address the needs of members seeking assistance and support as outlined in the Department directive titled “Professional Counseling Service/Employee Assistance Program.” These counseling services will be offered at no expense to the member. A member's participation in a counseling service will be voluntary and confidential.
  • D.Command Staff Members
    Upon recommendation from the Chief, Bureau of Internal Affairs, or the Chief Administrator, Civilian Office of Police Accountability (COPA), for the placement of a Department member into the Behavioral Intervention System, the Director, Human Resources Division, will:
    • 1.advise the commanding officer to respond to specific inquiries. Comments by the member's commanding officer must contain:
      • a.a complete and comprehensive explanation as to the appropriateness of placement or non–placement in the Behavioral Intervention System;
      • b.how the particular behavior affects the performance of the employee;
      • c.the impact of the employee’s problems on the operation of the unit; and
      • d.the ability of the Department to carry out its mission.
      NOTE:
      The commanding officer may make recommendations in writing to the Director, Human Resources Division, for the placement of Department members under his or her command that may be exhibiting certain behavioral indicators into the Behavioral Intervention System.
    • 2.confer with the member’s watch operations lieutenant and immediate supervisor, if available, to discuss the member’s job performance and elicit their input as to whether or not placement in the Behavioral Intervention System is warranted.
      NOTE:
      This conference will be completed prior to preparing a response to the Director, Human Resources Division, recommending that the member either be placed or not placed into the Behavioral Intervention System Program.
    • 3.engage in a dialogue with the Director, Human Resources Division, regarding any actions taken to address the problematic behavior.
    • 4.ensure the watch operations lieutenant is personally interacting with and counseling the affected member and making professional referrals as the situation warrants.
    • 5.convene a meeting of the Behavioral Intervention System member, the member’s watch operations lieutenant, and the available watch supervisors having knowledge of the member and discuss both the behavior and the Individualized Performance Plan (IPP) concerning the member.
    • 6.advise the Behavioral Intervention System member that it is the member's responsibility to correct the behavior/performance problem and request that the member sign the IPP.
    • 7.monitor the Behavioral Intervention System member’s compliance with the IPP during and at the conclusion of the plan via a written report and make a recommendation as to whether or not the member has substantially complied with the IPP.
  • E.Watch Operations Lieutenant
    The watch operations lieutenant will:
    • 1.not delay intervention or offering a Professional Counseling Service/EAP referral until a particular member qualifies for placement into the Behavioral Intervention System. If the member is experiencing performance problems, early intervention/counseling should be initiated and the Counseling Session Report (CPD-11.666) must be completed to document the counseling.
      NOTE:
      Early intervention/counseling is not considered part of the formal Behavioral Intervention System.
    • 2.through the command staff, make a request that a specific member be placed into the Behavioral Intervention System when the member’s behavior fits the Behavioral Intervention System criteria.
    • 3.review all relevant unit records concerning the member's past work performance and disciplinary history.
    • 4.consult with unit supervisors concerning the member's behavior and participate in a watch staffing once the watch operations lieutenant is advised that a particular member has been approved for placement into the Behavioral Intervention System. At the watch staffing, an individualized strategy to address the member's identified behavior will be developed and recorded on the IPP form.
    • 5.The IPP will be prepared by the watch operations lieutenant. The individualized plan strategy may include, but not be limited to:
      • a.requesting a mandatory physical/psychological examination or retraining of the employee in a specific area;
      • b.referring the employee to the  Professional Counseling Service/EAP ;
      • c.consulting with the Human Resources Division, Chaplain’s Office, or Medical Services Section;
      • d.recommending that the member participate in a stress-reduction seminar or a change-of-unit duties;
      • e.reviewing the employee’s weekly performance;
      • f.changing the employee’s partner;
      • g.conducting daily conversations with the employee;
      • h.requesting a member be retrained in an area of deficiency;
      • i.assigning the employee to different rotating supervisors;
      • j.requiring a Behavioral Intervention System member to prepare a daily and weekly summary of job-related tasks; or
      • k.any combination of the above or other strategies (consistent with the existing collective bargaining agreements) that can assist in the effort to correct the performance problem.
    • 6.inform watch supervisors of the individualized strategy that has been developed as a plan to assist the member in the correction of the behavior or performance problem.
    • 7.identify one watch supervisory member to meet with the employee to discuss the work performance issue or behavioral characteristic. The purpose of the meeting is to:
      • a.inform the member of his or her placement into the Behavioral Intervention System due to the behavior that is of concern to the Department;
      • b.attempt to identify the causes of the member's behavior;
      • c.provide guidance to prevent recurrence of undesirable behavior;
      • d.advise the member of Department resources to assist him or her (e.g., Professional Counseling Service/EAP, Chaplain's Unit, Voluntary Physical Examination Program);
      • e.present the member with the IPP, discuss its contents with the member, and modify portions of the IPP based on input from the member, if appropriate. The member will then be asked to sign the IPP to acknowledge that he or she has been informed of it. If the member refuses to sign, the refusal will be witnessed and documented by another supervisor; and
      • f.advise the member that his or her future performance will be monitored and that unacceptable behavior will not be tolerated.
    • 8.The supervisor conducting the meeting will prepare a written record of the meeting by completing a Behavioral Intervention System Counseling Record and forwarding the IPP and the Behavioral Intervention System Counseling Record through channels to the Human Resources Division, Attention: Personnel Concerns Section.
VI.Department Member's Recourse
A Department member who believes that he or she has been improperly placed into the Behavioral Intervention System will be afforded an opportunity to meet with the Director, Human Resources Division. A member may request a hearing by submitting a To-From Subject report to the Director, Human Resources Division. The hearing will not be conducted until both parts of the mandatory physical examination have been completed.
NOTE:
The subject meeting will not be adversarial. During this meeting, a member may elect to have the presence and assistance of a representative of his or her collective bargaining unit. Within one week of the hearing, the Director, Human Resources Division, will advise the affected member, in writing, of the decision regarding the member's Behavioral Intervention System classification. Attendance at the hearing is voluntary. If the hearing is held during the member’s non-duty hours, the member will not be compensated.
(Items indicated by italic/double underline were added or revised)
Eddie T. Johnson
Superintendent of Police
T17-098 JAB
PHONE BOOK:
1.
Professional Counseling Division
312-743-0378
PAX 0578