Chicago Police DepartmentSpecial Order S06-03
Felony Review by Cook County State's Attorney
Issue Date:27 April 2012Effective Date:27 April 2012
Rescinds:30 March 1999 version; G99-03
Index Category:Processing Persons
I.Purpose
This directive provides the procedures and responsibilities relative to Felony Review. Department members will refer to the General Order titled "Felony Review by Cook County State's Attorney" for the policy and requirement to notify and consult the State's Attorney for felony approval.
II.Procedures
  • A.Assistant state’s attorneys  Felony Review Unit are available on a 24 hour a day basis for the purpose of consultation. In addition to the mandatory notifications enumerated in the General Order titled "Felony Review by Cook County State's Attorney," they will be contacted for assistance in securing search warrants, arrest warrants, or for other matters at the discretion of the station supervisor.
  • B.Felony charges will not be approved without the consultation of an assistant state’s attorney and the station supervisor at the district of detention. In cases in which the assistant state’s attorney and the station supervisor disagree about the charges to be placed against an arrestee, the appropriate area deputy chief, Bureau of Patrol, or for cases involving detectives, the appropriate area commander, Bureau of Detectives, will be called for consultation and a determination. In cases of disagreement, a charge will not be filed without the approval of the appropriate exempt commanding officer. The appropriate exempt commanding officer will inform the assistant state’s attorney should a felony be approved.
    NOTE:
    The States Attorney’s Felony Review Unit alone has the authority to approve homicide charges; or, in cases involving juveniles, homicide charges or any lesser charge arising from the same occurrence.
III.Responsibilities
  • A.It will be the responsibility of:
    • 1.officers conducting the preliminary investigation to notify the appropriate Bureau of Detectives unit or follow up unit(s), or to ensure that notification is made through the Office of Emergency Management and Communications, and to record the unit and member notified and the date and time the notification was made in the "Notifications" field of the applicable case report, except for felony cases involving:
      • a.Burglary to a Motor Vehicle.
      • b.Motor Vehicle Theft related charges.
      • c.Narcotics.
      • d.Prostitution related charges.
      • e.Retail Theft (including an upgrade).
      • f.Unlawful Use of a Weapon (UUW), except for a violation of 720 ILCS 5/24-1(a)(7)(iii).
        NOTE:
        Additional guidelines for obtaining approval for a felony UUW charge may be found in the Department directive entitled “Unlawful Use of Weapons Arrests.”
      • g.Human Trafficking.
    • 2.the detective, investigator, explosive technician, or traffic specialist conducting the follow up investigation to notify and confer with an assistant state’s attorney assigned to the Felony Review Unit when seeking approval for a felony charge, except for the type of cases outlined in Item III-A-1.
    • 3.the Department member conducting the preliminary investigation, with the approval of the station supervisor assigned to the district of detention, to notify and confer with an assistant state’s attorney assigned to the Felony Review Unit when seeking approval for a felony charge for the type of cases listed in Item III-A-1, except narcotics cases.
      NOTE:
      The felony-review process is not required in narcotic cases.
    • 4.the station supervisor assigned to the Bureau of Patrol district of detention to ensure that notification is made to the assistant state’s attorney assigned to the Felony Review Unit when a detective is not assigned and felony charges are being sought, except for narcotics cases.
      NOTE:
      Nothing in this order precludes a preliminary investigator from contacting the Bureau of Detectives for guidance when seeking the approval of felony charges for the offenses listed in Item III-A-1.
  • B.When the area deputy chief, Bureau of Patrol, or for cases involving detectives, the appropriate area commander, Bureau of Detectives, is called in for consultation, the station supervisor will no longer be held responsible for the final approval of charges. The station supervisor will ensure that the decision and the name of the exempt commanding officer making the decision is recorded on the arrest report. The presence of the exempt commanding officer to resolve the impasse will not, however, relieve the station supervisor of other responsibilities attendant with the processing of persons under Department control.
  • C.The assistance of an assistant state’s attorney in the preparation of the case does not relieve the officer of his or her responsibility for proper case investigation and preparation nor will it unreasonably delay the booking and charging process of persons in Department custody delineated in the Department directive entitled "Processing Persons Under Department Control."
  • D.In those cases where several assistant state’s attorneys are consulted regarding the same investigation, each assistant state’s attorney consulted will be informed of any previous instructions received from any other assistant state’s attorney(s) consulted by the assigned follow-up unit personnel.
IV.Warrant Cases
  • A.Requests for all felony arrest warrants and juvenile arrest warrants for homicide and offenses arising from the same occurrence must be approved by an assistant state's attorney assigned to the Felony Review Unit.
  • B.Department members seeking to obtain or requesting approval for a search warrant will refer to the Department directives titled "Search Warrant and Consent to Search Incidents" and "Alternative Search Warrant Approval Method" for the required approval.
  • C.When an arrest is made pursuant to a criminal warrant authorized by an assistant state’s attorney:
    • 1.An assistant state’s attorney from the Felony Review Unit will be contacted for the final approval of the charge and preparation of the requisite documents.
      NOTE:
      Even though a judge has already issued the warrant, the Felony Review Unit will be contacted so that an assistant state’s attorney prepares the necessary documents required to complete the processing.
    • 2.In the event of a dispute as to the charge, the appropriate area deputy chief, Bureau of Patrol or area commander, Bureau of Detectives, will be contacted for consultation and a determination.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
12-022 PMD
PHONE BOOK:
1.
Cook County State's Attorney - Felony Review
2650 S. California Ave., Room 14C10
773-674-3020