Chicago Police DepartmentSpecial Order S06-03
Felony Review by Cook County State's Attorney
Issue Date:14 April 2015Effective Date:14 April 2015
Rescinds:27 April 2012 version; 27 April 2012 version of General Order G06-03
Index Category:Processing Persons
I.Purpose
This Directive:
  • A.continues the procedures of consulting with and requesting approval from the Cook County State's Attorney's  Felony Review Unit prior to placing felony charges in non-narcotics cases, or when seeking felony arrest or search warrants.
  • B.establishes procedures for felony overrides when a case has been designated a continuing investigation.
II.Policy
The Department is committed to conducting thorough, comprehensive criminal investigations. One of the components of a comprehensive investigation is the review by the State's Attorney's office prior to formal charging of felony arrests of adults (excluding narcotics and syndicated gambling cases), and of juveniles arrested for offenses where they are to be charged as adults.
III.Mandatory Notifications
The station supervisor is responsible for ensuring than an assistant state's attorney is promptly notified in the following instances:
  • A.within six (6) hours of arrest, when an arrested person is to be charged with a felony, except felony narcotics cases and syndicated gambling cases when the arrests are made by members of the Bureau of Organized Crime.
  • B.when a juvenile is in custody for offenses where they are to be charged as adults.
  • C.when any person is shot by a member of the Department.
  • D.when a person is seriously injured by a member of the Department in the course of duty performance.
    NOTE:
    "Serious injury," for the purpose of this directive, is defined as injury which causes the injured party to be admitted to a hospital. This definition does not include emergency room first aid or hospitalization resulting from a motor vehicle crash.
IV.Procedures
  • A.Assistant state’s attorneys  Felony Review Unit are available on a 24 hour a day basis for the purpose of consultation.
  • B.The Felony Review Unit will be contacted for assistance in securing search warrants, arrest warrants, or for other matters at the discretion of the station supervisor.
  • C.Felony charges, other than narcotics, 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 procedures outlined in Item VI will be followed.
V.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.Driving Under the Influence.
      • h.Driving While Suspended/Revoked.
      • i.Human Trafficking.
      • j.Felony Crimes Against Animals.
    • 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 V-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 V-A-1, except narcotics cases.
      NOTE:
      The felony-review process is not required in narcotic cases.
    • 4.the station supervisor to ensure that notification is appropriately made to the assistant state’s attorney when felony charges are sought, including those arrests involving statutory upgrades of misdemeanor charges based upon prior convictions.
  • B.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 V-A-1.
  • C.The assistance of an assistant state’s attorney in the preparation of the case does not relieve the officer of the 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.
VI.Felony Overrides
  • A.If felony charges are not approved by an assistant state's attorney, by either a rejection of felony charges or a designation of the case as a continuing investigation, that decision may be overruled by the appropriate area commander, Bureau of Detectives, for cases investigated by the Bureau of Detectives, or the appropriate area deputy chief, Bureau of Patrol, for all other cases.
  • B.When a member is informed that felony charges are not approved by an assistant state's attorney, the member will:
    • 1.determine the reason for the rejection of felony charges or the designation of the case as a continuing investigation.
    • 2.inform the station supervisor of the detention facility.
    • 3.if appropriate, inform their immediate supervisor and request a felony override.
  • C.The immediate supervisor who is notified that felony charges were rejected or that the case was designated as a continuing investigation will:
    • 1.ensure appropriate resources have been dedicated to support felony charges or resolve the investigation.
    • 2.determine whether the appropriate exempt commanding officer should be consulted for an override.
    • 3.inform the station supervisor of the detention facility if an override should be sought.
  • D.In cases in which the assistant state’s attorney and the reviewing supervisor disagree about the charges to be placed against an arrestee:
    • 1.for cases investigated by the Bureau of Detectives, the appropriate area supervisor will notify the appropriate area commander, Bureau of Detectives, for consultation and a determination.
    • 2.for all other cases, the station supervisor of the detention facility will confer within their immediate chain of command, and if then appropriate, notify the appropriate area deputy chief, Bureau of Patrol, for consultation and a determination.
  • E.The exempt commanding officer in charge of the felony override will:
    • 1.determine if further investigation is necessary to support a felony charge.
    • 2.if necessary, contact a supervisor from the Felony Review Unit in an effort to resolve the charges.
    • 3.determine whether or not to override the decision of the assistant state's attorney and approve felony charges, according to the facts of the case.
    • 4.if a felony override is appropriate, inform the Felony Review Unit and the station supervisor of the unit of detention that an override has been effected.
  • F.Upon approval of an override, 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 relieve the station supervisor of other responsibilities for the processing of persons under Department control.
VII.Warrant Cases
  • A.Requests for all felony arrest warrants and juvenile arrest warrants where they are to be charged as adults 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, an assistant state’s attorney from the Felony Review Unit will be contacted for final review of the charge and preparation of the requisite documents.
    • 1.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 cases in which the assistant state’s attorney and the station supervisor disagree about the charges to be placed against an arrestee, the procedures outlined in Item VI will be followed.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
14-145 CMW
PHONE BOOK:
1.
Cook County State's Attorney - Felony Review
2650 S. California Ave., Room 14C10
773-674-3020
2.
Cook County State's Attorney - Felony Review
2650 S. California Ave., Room 14C10
773-674-3020