Chicago Police DepartmentSpecial Order S04-03-05
Writs and Temporary Release of Persons from Custody
Issue Date:27 June 2018Effective Date:27 June 2018
Rescinds:12 December 2001 version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.describes conditions when inmates from Cook County Jail may be released to Bureau of Detectives (BOD) or Bureau of Organized Crime (BOC) personnel for follow-up investigation.
  • B.provides guidelines that BOD or BOC personnel will follow to obtain the temporary release of an inmate from Cook County Jail.
  • C.outlines procedures for processing inmates temporarily released from Cook County Jail who are to be charged with another crime.
  • D.establishes procedures for processing judicial writs and arrest warrants for offenders in the custody of the Illinois Department of Corrections (IDOC).
  • E.introduces the:
  • F.continues the Felony Minute Sheet (CPD-23.180).
  • G.discontinues the use of the Request for Temporary Release of Inmates form (CPD-23.187).
II.Policy
  • A.Only authorized BOD or BOC personnel will be allowed to request and obtain the release of inmates from Cook County Jail.
  • B.All requests will be approved by a BOD or BOC command staff member or, in the absence of a command staff member, the lieutenant of the requesting member.
  • C.Duty judge procedures are not required for charging a temporarily released inmate.
  • D.Inmates will be returned to the Cook County Sheriff's Office Bureau of Intelligence and Investigations within 48 hours of release.
III.Procedures
  • A.When authorized BOD or BOC personnel have approval to obtain the temporary release of an inmate from Cook County Jail for purposes of investigative follow-up, whether the inmate in question is a suspect or a witness, the following guidelines will be followed:
    • 1.The case being investigated must be a felony;
    • 2.Arrangements must be made with the Cook County Sheriff's Office Bureau of Intelligence and Investigations at least 48 hours in advance, Monday through Friday, at 773-674-5637, Fax 773-674-0014;
    • 3.The request must be made using the Cook County Request for Temporary Release of Inmate / Release of Liability form;
    • 4.A copy of the Cook County Request for Temporary Release of Inmate / Release of Liability form will be faxed to the Cook County Sheriff's Office, Bureau of Intelligence and Investigations. The requesting unit must obtain verification that the fax was received; and
    • 5.Inmates will not be writ out for a case in which they are already charged pending trial unless additional investigative steps are required. The Assistant State's Attorney (ASA) assigned to the case will be consulted and the BOD or BOC personnel will ensure that the defense attorney has been notified.
      NOTE:
      The law requires the defense attorney be notified. The defense attorney has the right to be present for identification proceedings post-indictment or post-preliminary hearing.
  • B.BOD or BOC personnel authorized to accept custody of an inmate will be responsible for the inmate's care from the time the inmate is released to the member's custody until the inmate is returned to the custody of the Cook County Sheriff's Office Bureau of Intelligence and Investigations. Department members will transport the subject immediately to the appropriate Department facility in accordance with the Department directive titled "Field Arrest Procedures."
    NOTE:
    Arson Section personnel will use the 11th District for processing if the inmate is subsequently charged with an additional crime.
  • C.If it is determined that the inmate will be charged with an additional crime, the BOD or BOC personnel responsible for the inmate will:
    • 1.prepare an Arrest Report justifying the probable cause for the new charge and any other related paperwork necessary to complete the booking process. Members will include the CCDOC inmate number in the narrative of the arrest report;
    • 2.present the Arrest Report to the district station supervisor (DSS) for review to ensure the completeness and proper preparation of the required court documents;
    • 3.present the Arrest Report to the district watch operations lieutenant (WOL) for review to determine the propriety of the charge and initial approval of probable cause;
    • 4.prepare a Cook County Detainee Notification of Additional Charges form;
    • 5.accompany the inmate to the lockup with the Arrest Report and wait while the inmate is fingerprinted and photographed;
    • 6.ensure that any warrants or investigative alerts related to the arrestee are resolved in accordance with current Department directives prior to returning the inmate to the custody of the CCDOC;
    • 7.notify the Cook County Sheriff's Office Bureau of Intelligence and Investigations personnel receiving the inmate that the inmate has been charged with another crime and fax the Cook County Detainee Notification of Additional Charges form;
    • 8.request the DSS of the holding facility to prepare a separate Court Transmittal for this arrestee;
    • 9.return the inmate to Cook County Sheriff's Office Bureau of Intelligence and Investigations personnel at the Cook County Jail once fingerprinting and photographing are completed; and
    • 10.hand-deliver the below documents to Cook County Central Bond Court, Room 100, 26th and California:
      • a.copy of arrestee's Court Transmittal;
      • b.copy of the new Arrest Report;
      • c.Felony Minute Sheet (CPD-23.180);
      • d.case report;
      • e.complaints; and
      • f.criminal history.
  • D.Judicial Writ or Arrest Warrant for Adult Offenders in IDOC Custody
    • 1.If additional charges are to be placed on an offender in IDOC custody, the Cook County State's Attorney's Office will obtain a judicial writ or authorize an arrest warrant. The State's Attorney's Office will writ the offender into Cook County Jail and proceed with a direct indictment.
      NOTE:
      If an offender is within two months of his or her release date, the ASA may issue an arrest warrant to prevent the offender's release from custody prior to the completion of the writ and indictment process.
    • 2.BOD or BOC personnel seeking a judicial writ are responsible for the following:
      • a.On the arraignment date, submit an Arrest Report with the new charges, complaints, and Felony Minute Sheet. The district desk officer will prepare a Court Transmittal and Criminal History.
        NOTE:
        If the inmate is writ into Cook County Jail, the reports will be prepared in the 10th District, and Department members will follow the procedures detailed in the Department directive titled "Placing Additional Charges on Inmates in Cook County Jail."
      • b.Ensure that the inmate / offender is fingerprinted by an evidence technician and the prints are hand-carried to the Identification Section (the inmate will not leave IDOC custody).
  • E.Juvenile Writ for Subjects in Custody in Juvenile Detention
    BOD and BOC members who have approval to obtain the temporary release of a juvenile from custody will follow the Department directive titled "Processing of Juveniles and Minors Under Department Control" and the below procedures:
    • 1.Contact the ASA assigned to Juvenile Court Calendar 59 to assist in obtaining a juvenile writ;
    • 2.The assigned BOD or BOC member will need the juvenile's personal information, guardian information, and contact number;
    • 3.The ASA will prepare the necessary paperwork and file it with the judge. Requests should be done at least two business days in advance;
    • 4.The assigned BOD or BOC members will appear in court; and
    • 5.If there are additional charges, all required reports will be hand-delivered at the time the juvenile is returned. (Prisoner Transportation Transmittal, Arrest Report, case report, criminal history, Felony Minute Sheet, and complaints).
      • a.Felony Minute Sheet and complaints are only needed in incidents when juveniles are being charged as an adult.
      • b.The juvenile's parent or guardian will be notified by the court. Defense attorneys will appear at the location of the investigation on behalf of the juvenile.
  • F.The DSS will review each arrest situation and ensure that all court-related documents, including the Arrest Report, complaints, criminal history record, and felony minute sheets, are processed expeditiously.
  • G.The district WOL of the unit where the inmate is processed will:
    • 1.ensure the proper handling and processing of the arrestee consistent with this directive;
    • 2.ensure compliance with policy and procedures regarding arrestee processing and booking consistent with the directive titled "Watch Operations Lieutenant";
    • 3.waive the waiting time for the results of the fingerprint check to allow for the timely return of the juvenile inmate to the custody of the juvenile detention; and
    • 4.notify the Identification Section to expedite the processing of the fingerprints.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-052 MJC