Chicago Police DepartmentSpecial Order S06-13
Bond Procedures
Issue Date:18 January 2013Effective Date:18 January 2013
Rescinds:25 July 2012 Version
Index Category:Outside Organizations
I.Purpose
This directive:
  • A.continues procedures for:
    • 1.accepting bail security documents (auto / truck traffic bond certificates) authorized by the Circuit Court of Cook County.
    • 2.maintaining a current list of approved bail bond certificate companies.
    • 3.letting to bail those persons detained for:
      • a.traffic violations,
      • b.nontraffic misdemeanors, petty offenses, and ordinance violations.
    • 4.transporting to the appropriate court those persons who are unable to post bond at a Department detention facility or for whom a judge's bond is required.
    • 5.safekeeping, accounting, and transmittal of cash bail bond funds.
  • B.continues the Bail Bond Manual [CPD-11.909 (Rev. 9/10)], which lists the required bond for criminal, traffic, and conservation offenses.
  • C.provides procedures for the acceptance of Chicago Transit Authority (CTA) Memorandum Cards (CTA 3283) in lieu of bail, for minor traffic violations from CTA employees operating CTA vehicles.
  • D.introduces the Bail Bond Cash Envelope [CPD-21.200 (11/12)] which will replace the Registered Envelope (CCMC1-5048).
    NOTE:
    Members will continue to use the Registered Envelope (CCMC1-5048) until the supply runs out.
II.Bail Bond Certificate Companies (Surety Companies)
  • A.The Records Division will:
    • 1.supply and maintain a current list, furnished by the Circuit Court of Cook County, of approved bail-bond-certificate-issuing companies.
    • 2.furnish a current listing of acceptable bail bond certificates for publication in the Daily Bulletin on the first of each month.
    • 3.announce additions or deletions from the list of approved bail bond certificate companies via an AMC Message, when appropriate.
  • B.Desk personnel of units authorized to let arrestees to bail, police officers who issue personal service citations, and the Office of Emergency Management and Communications dispatchers will retain this list for reference.
III.Procedures for Letting to Bail in Traffic Cases
  • A.Any personal service citation which charges a violation of any statute or ordinance relating to the regulation of traffic shall be bailable by posting or executing one or more of the following forms of bail, when applicable:
    • 1.a valid Illinois drivers license,
    • 2.a bond certificate,
    • 3.a CTA Memorandum Card,
    • 4.a cash bond,
    • 5.a Promise to Comply (See Item III-C-1-b of this directive), or
    • 6.an Individual Bond.
    • 7.a money order for certain truck offenses as defined in the Bail Bond Manual.
    • 8.an approved credit / debit card.
  • B.A court appearance is required for traffic related violations of the Illinois Compiled Statutes (ILCS), Chapter 625, that are felonies, Class A and B misdemeanors, and all of the following:
    SECTION - DESCRIPTION OF VIOLATION
    • 1.625 ILCS 5/3-101 - No certificate of title
    • 2.625 ILCS 5/3-707 - Operating without insurance
    • 3.625 ILCS 5/3-708 - Operating when registration suspended for non insurance
    • 4.625 ILCS 5/3-710 - Display of false insurance card (Class A Misdemeanor)
    • 5.625 ILCS 5/6-101 - No valid drivers license
    • 6.625 ILCS 5/6-104 - Violation of classification
    • 7.625 ILCS 5/6-113 - Operating violation of restricted license or permit
    • 8.625 ILCS 5/6-301 - Unlawful use of license or permit
    • 9.9-24-010(b) - Failure to Stop at stop sign
    • 10.625 ILCS 5/11-409 - Making false report
    • 11.625 ILCS 5/11-506 - Street Racing
    • 12.625 ILCS 5/11-601(b) - Speeding-only when more than 85 MPH or more than 30 MPH over posted limit
    • 13.625 ILCS 5/11-1414 (a) - Passed school bus loading or unloading
    • 14.625 ILCS 5/15-102 - Vehicle Width
    • 15.625 ILCS 5/15-103 - Vehicle Height
    • 16.625 ILCS 5/15-107 - Vehicle Length
    • 17.625 ILCS 5/15-112(g) - Refusal to submit to weighing
    • 18.625 ILCS 5/15-301(j) - Violation of excess size or weight permit
    • 19.625 ILCS 25/1 et. seq. - Violation of child passenger protection act
    • 20.Any traffic offense which results in an accident causing death or injury to another person
    • 21.Multiple charges against an offender.
  • C.Bail procedures- traffic offenses
    • 1.Bail in minor traffic offenses
      • a.For the purpose of establishing bail, minor traffic offenses are defined as all traffic offenses not listed in Items III-B and III-C-2 of this directive. Unless released on a written Promise to Comply, a person arrested for a minor traffic offense shall post bond by executing or depositing one or more of the following:
        • (1)a valid Illinois drivers license.
        • (2)an approved bond certificate.
        • (3)$120 cash bond.
        • (4)a CTA Memorandum Card.
        • (5)an Individual Bond.
        • (6)a money order for certain truck offenses as defined in the Bail Bond Manual.
        • (7)an approved credit / debit card.
      • b.A minor traffic violator may execute a written "Promise to Comply" with the terms of the citation by signing his name in the appropriate space on the front lower-right side of the complaint (white) copy of the personal service citation. These provisions apply only to residents of states other than Illinois which are members of the Non-resident Violator Compact (NRVC), consistent with the Department directive entitled "Bond Procedures – Nonresident Violator Compact."
    • 2.A person cited for violation of any provision of the ILCS that requires a court appearance, as specified in Item III-B of this directive, and the following sections and subsections that require a specific bond as provided in the Department "Bail Bond Manual," will not be allowed the option of signing a Promise to Comply in lieu of bail:
      SECTION - DESCRIPTION OF VIOLATION
      • a.625 ILCS 5/3-101 - Certification of title required
      • b.625 ILCS 5/3-702 - Operating a vehicle when registration suspended or canceled
      • c.625 ILCS 5/6-101 - Drivers must have license or permit
      • d.625 ILCS 5/6-301 - Unlawful use of a license or permit
      • e.625 ILCS 5/6-303 - Driving while license suspended or revoked
      • f.625 ILCS 5/8-115 - Display certificate of financial responsibility vehicle for hire/medical transport
      • g.625 ILCS 5/11-204 - Flee or eluding police
      • h.625 ILCS 5/11-204.1 - Aggravated fleeing or eluding police
      • i.625 ILCS 5/11-310 - Display unauthorized signs, signals or markings
      • j.625 ILCS 5/11-311 - Interference with a traffic control device
      • k.625 ILCS 5/11-312 - Unlawful use or damage to highways, appurtenances and structures
      • l.625 ILCS 5/11-401(a) - Motor vehicle accident involving death or injury
      • m.625 ILCS 5/11-401 (b) - Motor vehicle accident involving death or injury
      • n.625 ILCS 5/11-402 - Motor vehicle accident involving property damage to vehicle
      • o.625 ILCS 5/11-403 - Duty to give information and render aid
      • p.625 ILCS 5/11-404 - Duty upon damaging unattended vehicle or property
      • q.625 ILCS 5/11-501 - Driving under influence of alcohol or drugs
      • r.625 ILCS 5/11-503 - Reckless driving
      • s.625 ILCS 5/11-506 - Street racing
      • t.625 ILCS 5/11-601 (b) - Speeding -more than 30 MPH over posted limit
      • u.625 ILCS 5/11-1006 - Pedestrian soliciting rides or business on roadway
      • v.625 ILCS 5/15-111 - Wheel and axle loads
      • w.625 ILCS 5/15-112(g) - Refusal to submit to weighing
      • x.Any subsection of Section 4, Anti-Theft Laws and Abandoned Vehicles, and Section 5, Dealers, Transporters, Wreckers and Rebuilders.
    • 3.An accused will not be charged with a felony or a traffic offense not returnable to Traffic Court on a personal service citation. Long form complaints will be used in these circumstances and the accused will be processed in accordance with the provisions of the Department directives entitled "Processing Persons Under Department Control" and "Felony Review by Assistant State's Attorney", as applicable.
  • D.When a qualified non-resident motorist indicates a desire to sign a "Promise to Comply" in lieu of the other bail, the officer will:
    • 1.have the motorist sign his or her name in the appropriate space on the complaint (white) copy of the personal service citation AFTER the citation has been completed.
    • 2.receipt the Promise to Comply by checking the box "OTHER" and printing the letters "PTC" on the Bond Deposited portion on the front side of the Complaint Copy of the personal service citation.
  • E.When a motorist indicates a desire to post a current valid Illinois drivers license in lieu of other bail, the officer will receipt the license by checking the square "Dr. Lic." and record the license number in the Bond Deposited portion of the personal service citation.
    NOTE:
    Only a valid Illinois driver's license will be accepted as bail. A judicial driving permit, restricted driving permit, probationary license, receipt for application for drivers license, instruction permit, or temporary license WILL NOT be accepted as bail.
  • F.When a motorist indicates a desire to post a bond certificate in lieu of other bail, the officer will:
    • 1.ensure that the bond certificate is from an approved company and contains the same name as shown on the violator’s drivers license.
    • 2.receipt the bond certificate in the "Bond Deposited" portion of the personal service citation by checking the box "Other" and recording the bail certificate number and the name of the issuing company on the adjacent line.
  • G.When a motorist indicates a desire or is required to post a bond, he or she will be escorted to the district facility in the district of occurrence or, when the arrest is for driving under the influence of alcohol or drugs (DUI) or for no valid driver's licence or a suspended or revoked licence, the offender will be transported in accordance with existing Department procedures to the appropriate district facility.
    • 1.When it is necessary to detain the violator because of a warrant or because detention is necessary, the arrest will be processed at the district of occurrence.
    • 2.The arrest will be processed by district personnel in accordance with Department directives.
    • 3.The procedures for accepting approved bail bond certificates, valid Illinois drivers license, etc., for the traffic violation at the time and place of the traffic violation will still apply.
  • H.Travelers checks may be accepted as bail if they equal the exact amount of bail or are supplemented with cash to equal the required amount. Change will not be made.
IV.Procedures for Non Traffic Misdemeanor, Ordinance, and Petty Offense Violations
  • A.Unless otherwise provided by statute, ordinance, or rule, the bail for any:
    • 1.Class A or B misdemeanor shall be $1500 (with the exception of animal abuse or animal fighting).
      NOTE:
      If an arrestee is charged with a Class A misdemeanor offense of animal abuse or animal fighting and refuses to relinquish possession of the involved animal(s) by signing in the appropriate box on the Animal Care and Control Inventory Form (ACC-3230-3), the district station supervisor will not allow the arrestee to post bond or be given an I-bond. The arrestee will be sent to the first court call following the arrest for the court to set the bond and the State's Attorney's Office to file a petition for forfeiture of the animal(s).
    • 2.Class C misdemeanor shall be $1200.
    • 3.Petty offense or ordinance violation shall be $120.
  • B.Unless otherwise provided for in Supreme Court Rule 527, the bail for conservation offenses shall be $120 cash. Conservation offenses are listed in the Bail Bond Manual.
V.Persons in Custody Who are Unable to Post Bail for Non Felony Offenses
  • A.Individual Bond
    • 1.It is the policy of the Chicago Police Department to determine if arrestees eligible for a bond have an acceptable form of bail or the means to obtain an acceptable form of bail prior to the issuance of a bond. If not precluded by statute, ordinance, or rule, the station supervisor at the unit of detention has the final authority on bonding arrestees and will determine the appropriateness of a bond.
    • 2.The station supervisor at the unit of detention will, as soon as reasonably possible, authorize the release of a person charged with a non felony offense, unless otherwise provided by statute, ordinance, or rule, by an I-Bond when the individual is unable to post bond after reasonable attempts have been made or the individual has exhausted means to obtain an acceptable form of bail.
    • 3.An I-bond will not be authorized when:
      • a.the identity of the individual cannot be established.
      • b.the individual:
        • (1)is unable or unwilling to submit to being fingerprinted.
        • (2)is in custody for misdemeanor Unlawful Use of Weapons (UUW) violation.
          NOTE:
          Station supervisors will not release any individuals charged with misdemeanor UUW violations on an I-Bond. "D" bonds will be issued for misdemeanor UUW violations.
        • (3)is arrested on a warrant. (See procedures provided in the Bail Bond Manual for letting persons arrested on a warrant to bail.)
        • (4)can produce an acceptable form of bail relating to the regulation of traffic delineated in this directive.
          NOTE:
          Persons in custody for traffic offenses electing not to surrender their valid Illinois driver’s license as bond will not be released by an I-Bond.
        • (5)has sufficient cash or an approved credit/debit card to post a “D” (10% of the bail set) or “C” (full amount of the bail) bond.
        • (6)is a verified gang member that is charged with a Class A, Class B, or Class C misdemeanor, consistent with the Department directive entitled "Gang Violence Reduction Strategy."
        • (7)is a parolee. Department-issued bonds (I, C, or D bonds) will not be issued to parolees arrested on misdemeanor charges.
        • (8)is arrested on Class A misdemeanor crime against an animal and the owner / keeper of that animal has not relinquished ownership, the arrestee may not post bond nor be given an I-bond.
        • (9)has violated the conditions of bail bond.
          NOTE:
          A person who is on bond for a felony, Class A misdemeanor or an offense in which the victim is a family member, and commits a subsequent offense which is a felony, Class A misdemeanor or an offense in with the victim is a family member must appear before a judge to have the bail set on the new offense.
  • B.The station supervisor of the district of detention will ensure that each arrestee's identity has been established by sufficient personal identification and that they are not wanted for another offense prior to completing the Individual Bond.
  • C.Whenever any arrestee charged with a non felony offense is unable to post bond or is ineligible for an Individual Bond, such person will be sent, as appropriate, to either Central Bond Court (CBC) or the next regularly scheduled court in accordance with the provisions in the Department directive entitled "Court Call Schedule."
VI.Persons in Custody for Felony Offenses - Bonding Procedures
  • A.Felony Bail
    Bail in felony cases will be set by a judge in:
    • 1.Central Bond Court,
    • 2.Preliminary Hearing Court,
    • 3.Weekend / Holiday Court,
    • 4.a place of detention or other location.
  • B.Any judge having lawful jurisdiction within the Circuit Court of Cook County may establish bail for any offense at any place.
VII.Central Detention Procedures
  • A.All Central Detention Section arrestees will be booked and processed through the 001 District.
  • B.The 001 District will serve as the booking unit for the Central Detention Section. All duties required of station supervisors and desk officers in Department detention facilities will be performed by 001 District personnel for the Central Detention Section.
  • C.The Central Detention Section will serve as the lockup for all 001 District arrestees and as an auxiliary lockup for other Department units. All duties required of supervisors and lockup personnel in district detention facilities will be performed by Central Detention Section personnel for the 001 District.
VIII.Cash Bond Procedures
  • A.United States currency or travelers checks issued by major banks or express companies that, alone or in combination with currency, total the exact amount required for bail will be accepted for any offense for which bond has been set by a judge or court rule.
  • B.Each cash transaction will be listed on the Cash Bail Transmittal formset (CPD-21.920).
  • C.Cash from each transaction will be placed in a Bail Bond Cash Envelope (CPD-21.200) with the original bond form.
  • D.A separate Bail Bond Cash Envelope will be used by each watch.
  • E.The station supervisor will:
    • 1.be responsible for the safekeeping of the Bail Bond Cash Envelope ready for pickup by the Police Document Section.
    • 2.inspect all Bail Bond Cash Envelopes in the district safe at the beginning of each tour of duty and sign the corresponding (yellow) copy of the Cash Bail Transmittal formset retained in the slotted lock post binder for receipts.
  • F.the station supervisor will ensure:
    • 1.that a Cash Bail Transmittal formset is prepared for use during the tour of duty.
    • 2.that the exact amount of cash for each bond is received.
    • 3.that the appropriate bond information is entered in the spaces provided on the Cash Bail Transmittal formset as cash bail is accepted.
    • 4.that all entries on the Cash Bail Transmittal formset balance with the number, type, and cash amounts of the bonds received.
    • 5.that "No Bonds Received" is written across the face of the Cash Bail Transmittal if no bonds were received during the tour of duty.
    • 6.that the Bail Bond Cash Envelope receipt on the back flap of the envelope is completed properly and will ensure that the registration number on the receipt matches the registration number on the envelope. The receipt will be signed, dated, and given to the station supervisor by the Police Document Section driver when the envelope is picked up.
    • 7.that the original (white) copy of the Cash Bail Transmittal formset, bond forms, and monies is secured and sealed in the Bail Bond Cash Envelope.
    • 8.that the Bail Bond Cash Envelope is placed in the district safe.
    • 9.that the carbon (yellow) copy of the Cash Bail Transmittal formset is placed in the slotted lock section post binder used for transmittal receipts.
  • G.The station supervisor on duty at 0600 hours will:
    • 1.ensure that all Bail Bond Cash Envelopes on hand are ready for pickup by the Police Document Section by 0600 hours, excluding weekends and holidays.
    • 2.ensure that the Police Document Section driver sign and date the receipt on the flap of the Bail Bond Cash Envelope.
    • 3.attach the dated and signed Bail Bond Cash Envelope receipt to the appropriate Cash Bail Transmittal formset copy in the slotted lock section post binder.
  • H.The station supervisor will also:
    • 1.be held responsible for the final audit.
    • 2.personally count the bond monies and indicate approval of the correctness of the number, type, amounts, and actual cash received by affixing his or her signature in the space provided on the Cash Bail Transmittal formset.
    • 3.ensure that the Bail Bond Cash Envelope is sealed in his or her presence.
  • I.The Administration Section, Bureau of Patrol, will act as a liaison between the bank and the Department and ensure that corrective action is taken to resolve any irregularities relative to bail bonds.
IX.Credit/Debit Card Bond Payment
Specific member responsibilities and procedures for bonds posted with an approved credit/debit card are outlined in the Department directive entitled “Bond Procedures – Credit/Debit Card Bond Payment.”
X.Accused Persons from Another State
Illinois law provides:
  • A.for judicial process of persons charged with a crime in another state but present in Illinois (725 ILCS 230/1 et seq.).
  • B.that no bail bondsman from another state may seize or transport unwillingly any person found in Illinois who is allegedly in violation of a bail bond posted in some other state (725 ILCS 5/103-9).
  • C.that the return of any person charged with a crime in another state may be accomplished only as provided by Illinois law.
(Items indicated by italics/double underline have been added or revised)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
12-139 SB
ADDENDA:
1.S06-13-01 - Bond Procedures – Nonresident Violator Compact
2.S06-13-02 - Special Conditions – Release of Person on Bail Bond
3.S06-13-03 - Bond Procedures - Credit / Debit Card Bond Payment