Chicago Police DepartmentSpecial Order S06-13-02
Special Conditions – Release of Person on Bail Bond
Issue Date:19 July 1994Effective Date:20 July 1994
Rescinds:S94-09-02
Index Category:Processing Persons
I.Purpose
This directive:
  • A.advises Department members of newly enacted legislation relating to the Illinois Domestic Violence Act of 1986.
  • B.describes additional conditions of bail bond imposed upon a defendant at the time of his / her release from custody on bond after being charged with any criminal offense in which the victim was a family or household member.
  • C.provides a definition of a family or household member.
  • D.introduces the use of a form entitled "Domestic Violence Bail Bond Attachment-Special Conditions" (CPD-21.905).
  • E.provides guidelines when an offender is identified as being in violation of the conditions of a bail bond.
II.Relevant Statutes
III.General Information
  • A.Whenever a sworn member responds to a bonafide domestic violence incident in which both parties indicate to the responding officer their intention to sign cross complaints, the responding officer will:
    • 1.evaluate the circumstances of the incident and the manner and extent of injuries, if any.
    • 2.through preliminary investigation, endeavor to identify the victim in the incident and permit the victim to sign a complaint for the criminal offense.
    • 3.not permit the offender to sign a cross complaint against the victim.
    • 4.advise the offender of his/her alternative legal remedies including the procedures for obtaining a warrant as described in the Department directive entitled "Non-Traffic Arrest Warrant Procedure" and the procedures for obtaining a summons as described in the Department directive entitled "Judicial Non-Traffic Summons."
  • B.Whenever a defendant has been charged with a criminal offense in which the victim is a family or household member, special conditions for bond that restrict the defendants access to the victim will be imposed upon the defendant at the time of his release from custody on bond.
IV.Procedures
  • A.Whenever a defendant is being let to bail for a criminal offense in which the victim is a family or household member, the Department member preparing the bond will:
    • 1.complete a C,D, or I Bond, as appropriate;
    • 2.complete a Domestic Violence Bail Bond Attachment-Special Conditions.
    • 3.make three photocopies of this attachment.
    • 4.distribute this attachment as follows:
      • a.Original-attach to pink copy of bail bond and place in Bond Envelope.
      • b.Photocopy #1-attach to white copy of bail bond and present to defendant.
      • c.Photocopy #2-attach to goldenrod copy of bail bond and include with court papers.
      • d.Photocopy #3-attach to yellow copy of bail bond and retain in bail bond book.
  • B.Whenever a defendant refuses to provide his signature on the applicable bail bond certificate (C, D, or I Bond) or on the Domestic Violence Bail Bond Attachment - Special Conditions form, the defendant will:
    • 1.not be let to bail,
    • 2.be transported to the next available court call for a hearing.
  • C.Whenever a sworn member responds to an incident and it is determined that the offender at the scene has violated the conditions of his bail bond by either contacting or communicating with the victim or entering or remaining at the victims residence within 72 hours following his release from custody on the previous criminal offense, the responding officer will:
    • 1.arrest the offender and charge him with violation of 720 ILCS 5/32-10 (b);
    • 2.sign the misdemeanor complaint as the complainant, and schedule the case for the same court date and branch as the original arrest;
    • 3.prepare the appropriate case report;
    • 4.indicate Violation of Bail bond as the primary classification and Domestic Violence as the secondary classification if the incident is restricted to a Violation of Bail Bond;
    • 5.indicate "4388" as the offense code for the Violation of Bail bond; or
    • 6.refer to the Incident Reporting Guide (CPD-63.451) for the primary classification, secondary classification and offense code corresponding to the criminal offense when the incident involves a criminal offense and a Violation of the Bail Bond.
      NOTE:
      By virtue of being arrested in Violation of Bail Bond [720 ILCS 5/32-10 (c)], the offender will not be let to bail at the detention facility, and must appear before the court before bail is statutorily set. The provisions of the Department directive entitled "Processing Persons Under Department Control" will apply.
  • D.Whenever a sworn member responds to an incident and it is determined that the offender is not on the scene and has violated the conditions of his bail bond by either contacting or communicating with the victim OR has entered or remained at the victims residence within 72 hours following his release from custody on the previous criminal offense, the responding officer will follow the steps listed in Item IV-C (1, 2, 3, 4) of this directive.
Matt L. Rodriguez
Superintendent of Police
93-050 RGB (MP)