Chicago Police DepartmentSpecial Order S02-01-03
Crime Victim Assistance
Issue Date:25 November 2013Effective Date:26 November 2013
Rescinds:Version dated 04 July 1992
Index Category:Human Rights and Community Partnerships
I.Purpose
This directive:
  • A.continues the procedures relative to the Illinois Crime Victims Compensation Act (740 ILCS 45/1).
  • B.introduces the provisions of the Rights of Crime Victims and Witnesses Act (725 ILCS 120/1) and the use of the Written Statement and Explanation of Rights (OAG/CV-01/30/13) form.
II.Crime Victims Compensation Act
  • A.The Illinois Crime Victims Compensation Act, designed to reduce the financial burden imposed on the victims of crimes of violence and their relatives and dependents, requires any investigating law enforcement agency to notify eligible individuals of the availability of compensation under this Act.
  • B.For the purpose of this Act, crimes of violence include the following offenses which occur within this state:
    • 1.First Degree Murder
    • 2.Second Degree Murder
    • 3.Involuntary Manslaughter
    • 4.Reckless Homicide
    • 5.Kidnapping
    • 6.Aggravated Kidnapping
    • 7.Sexual Relations Within Families
    • 8.Exploitation of a child
    • 9.Child pornography
    • 10.Assault
    • 11.Aggravated Assault
    • 12.Battery
    • 13.Aggravated Battery
    • 14.Heinous Battery
    • 15.Domestic Battery
    • 16.Reckless Conduct
    • 17.Criminal Sexual Assault
    • 18.Aggravated Criminal Sexual Assault
    • 19.Criminal Sexual Abuse
    • 20.Aggravated Criminal Sexual Abuse
    • 21.Hate Crime
    • 22.Stalking
    • 23.Violation of Order of Protection
    • 24.Violation of Civil No Contact Order
    • 25.Violation of Stalking No Contact Order
    • 26.Arson
    • 27.Aggravated Arson
    • 28.Driving Under the Influence of Alcohol or other drug combination thereof
    • 29.Hit and Run of Pedestrians
    • 30.Fleeing or Attempting to Elude a Police Officer.
  • C.The following persons are eligible for compensation and may file a claim with the Illinois Attorney General's Office:
    • 1.Victims of crimes of violence who sustain personal physical injuries;
    • 2.Relatives who pay or become obligated to pay reasonable medical, hospital, and funeral expenses of a victim or who are either wholly or partially dependent upon a deceased victim's income at the time of the victim's death, including a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, brother-in-law, sister, sister-in-law, half brother, half sister, spouse's parent, nephew, niece, uncle, aunt, stepchild, adopted child, illegitimate child, or the child of such victim born after his death; and
    • 3.A child who personally witnessed a violent crime perpetrated or attempted against a relative.
      NOTE:
      The Act defines "child" as an unmarried son or daughter who is under 18 years of age and includes a stepchild, an adopted child, or a child born out of wedlock.
  • D.In order to qualify for compensation under this Act, the applicant must:
    • 1.report the crime to the proper police authorities within 72 hours of its occurrence.
      EXCEPTION:
      Victims of sexual assault must report the crime within 7 days of occurrence.
    • 2.cooperate fully with law enforcement officials in the apprehension and prosecution of the offender.
    • 3.file an application for compensation within two years of the occurrence of the crime or within one year of the filing of a criminal charge, whichever is later.
  • E.Compensation is not available when:
    • 1.the loss represents the proceeds of a burglary, robbery, or theft.
    • 2.the applicant is also the offender or the offender's accomplice.
    • 3.the injury to or death of the victim was substantially attributable to his or her own wrongful act or was substantially provoked by the victim.
  • F.Upon interviewing the victim or surviving relatives who may be in the eligible dependent category under this Act, the preliminary investigating officer will:
    • 1.make verbal notification of the availability of compensation under the Crime Victim Compensation Act.
    • 2.ensure that the victim or eligible dependent is given the Victim Information Notice [CPD-11.383 (Rev. 3/13)].
      NOTE:
      The Victim Information Notice provides the required information concerning this Act.
    • 3.ensure that any additional victims are given the required information in the most expeditious manner possible.
    • 4.record the name of the person notified and the date, time, and place of notification within the narrative section of the appropriate case report.
  • G.If the crime occurred outside the State of Illinois, the resident has the same rights under this Act as if the crime had occurred in this state, upon showing that the location in which the crime occurred does not have a compensation of victims of crimes law for which that Illinois resident is eligible.
III.Rights of Crime Victims and Witnesses Act
  • A.The purpose of the Rights of Crime Victims and Witnesses Act is to implement, preserve, and protect the constitutional and statutory rights guaranteed to victims of violent crimes.
  • B.The Act requires that all victims of violent crimes receive a Written Statement and Explanation of Rights (Statement) as provided by the Illinois Attorney General's Office within 48 hours of a law enforcement officer's initial contact with a victim.
  • C.Violent crimes include the following offenses:
    • 1.Homicide
    • 2.Felony Assault
    • 3.Felony Battery
    • 4.Kidnapping
    • 5.Sexual Assault
    • 6.Sexual Abuse
    • 7.Arson
    • 8.Domestic Battery
    • 9.Misdemeanors that result in death or great bodily harm
    • 10.Stalking
    • 11.Driving Under the Influence
    • 12.Violations of Orders of Protection
    • 13.Violations of Civil No Contact Orders
    • 14.Violations of Stalking No Contact Orders
  • D.Victim rights apply whether the offender is an adult or a juvenile.
  • E.According to the Act, victims are guaranteed the following rights:
    • 1.The right to be treated with fairness and respect throughout the criminal justice process;
    • 2.The right to notification of court proceedings;
    • 3.The right to communicate with the prosecution;
    • 4.The right to make a statement to the court at sentencing;
    • 5.The right to information about the conviction, sentence, imprisonment, and release of the accused;
    • 6.The right to timely disposition of the case following the arrest of the accused;
    • 7.The right to be reasonably protected from the accused throughout the criminal justice
      proceedings;
    • 8.The right to be present at the trial and all other court proceedings, unless the victim is expected to testify and the court determines that the victim’s testimony will be affected if the victim hears other testimony at the trial;
    • 9.The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim’s choice; and
    • 10.The right to restitution.
  • F.Responsibilities
    • 1.Field personnel assigned to calls for service for any of the offenses described in Item III - C will conduct preliminary investigations in accordance with the applicable provisions of Department directives. In addition, field personnel will:
      • a.record the Records Division (R.D.) number on the Statement.
      • b.have the victim sign and date the bottom of the Statement as acknowledgement that the victim has been furnished with the information; and
      • c.provide the victim with the original (white copy) of the Statement at the time the appropriate report is completed;
        NOTE:
        The Statement will be provided in addition to the Victim Information Notice.
      • d.document within the narrative of the case report that the victim received the Statement.
      • e.retain the (yellow) copy of the completed Statement for records retention.
    • 2.Detectives assigned to an investigation will:
      • a.at the request of the crime victim, provide notice of the status of the investigation.
        EXCEPTION:
        Notice of the status of the investigation is not required in cases when the State's Attorney determines that disclosure of such information would unreasonably interfere with the investigation or until such time as the alleged assailant is apprehended or the investigation is closed.
      • b.if re-opening a closed case to resume an investigation, notify the victim that the case is being re-opened.
        EXCEPTION:
        Notification of the re-opening of a case is not required in cases when the State's Attorney determines that disclosure of such information would unreasonably interfere with the investigation.
  • G.Records Retention
    • 1.Yellow copies of completed Statement will be retained for a period of six months in the assigned district/unit of the Department member that provided the Statement to the victim.
    • 2.At the end of the six-month retention period, the yellow copies will be destroyed consistent with Department records management practices.
(Items indicated by italics/double underline were revised or added.)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
13-021 CM