Chicago Police DepartmentSpecial Order S08-03
Traffic Crash/Pursuit Review
Issue Date:21 April 2017Effective Date:21 April 2017
Rescinds:26 March 2016 Version
Index Category:Professionalism
I.Purpose
This directive:
  • A.continues the traffic crash/pursuit review process conducted at the district level.
  • B.continues the Traffic Review Board and delineates its responsibilities.
  • D.satisfies CALEA Standard Chapter 41.
II.General Information
  • A.All vehicle pursuits and traffic crashes involving Department vehicles will be reviewed as delineated in this directive.
    NOTE:
    A traffic crash that occurs as result of a pursuit will be reviewed under the motor vehicle pursuit process.
  • B.For the purposes of this directive, the following definitions apply:
    • 1.Serious personal injury—an injury that results in death or in admittance to a hospital.
    • 2.Significant property damage—damage to any vehicle to such an extent that it must be towed from the scene, as determined by the on-scene supervisor.
  • C.A review of vehicle crashes and pursuits will consist of the following:
    • 1.all related reports;
    • 2.in-car camera video;
    • 3.the relevant body worn camera video;
    • 4.GPS data;
    • 5.radio transmissions; and
    • 6.other sources as necessary.
  • D.The review process will:
    • 1.investigate and determine whether the actions of the involved Department member was either in compliance or noncompliance within the policy and procedures of the Department.
    • 2.determine the classification level of a Department vehicle crash consistent with the Department directive entitled "Traffic Crashes Involving Department Members."
  • E.Consistent with the Police and Community Relations Improvement Act (50 ILCS 727), the Civilian Office of Police Accountability (COPA) will conduct all officer-involved death investigations including any death resulting from a motor vehicle accident. The on-scene COPA personnel will coordinate and direct any investigative activity at the scene that relates to the actual officer-involved death .
  • F.The Bureau of Internal Affairs will be responsible for investigating motor vehicle pursuits or crashes when a Complaint Register is obtained and the incident does not include an officer-involved death.
  • G.The Traffic Review Board Chairperson is authorized to direct district/unit commanders/commanding officers to initiate discipline and/or schedule any required training with the Education and Training Division to members who are subject to review by the Traffic Review Board.
  • H.The Superintendent or the Superintendent's designee retains final authority to direct any traffic crash or pursuit investigation to be reviewed by the Traffic Review Board.
  • I.The Commander, Inspections Division, will ensure audits are conducted of motor vehicle pursuits and traffic crashes to ensure consistency in application and compliance with Department policy.
III.District Level Review
  • A.Motor Vehicle Pursuits
    • 1.The investigating supervisor of the district of the location where the motor vehicle pursuit was initiated will review motor vehicle pursuits for policy compliance and proper vehicle operation that result in all of the following:
      • a.no serious personal injury; and
      • b.no significant property damage; and
      • c.the total duration of the pursuit is three minutes or less; and
        NOTE:
        If a pursuit is terminated and subsequently continued for the same wanted vehicle, all pursuit incidents will be counted to determine the total duration in time, inclusive of any gaps.
      • d.the entire pursuit occurred within the boundaries of one district.
    • 2.Consistent with the Department directive entitled "Emergency Vehicle Operations—Pursuits" and other applicable directives, if a supervisor determines that any involved member was not in compliance with Department policy relative to a motor vehicle pursuit, take the following actions, as appropriate:
      • a.initiate Summary Punishment or a Complaint Register Investigation; and / or
      • b.recommend and request retraining by submitting a To-From-Subject report through the chain of command to the Deputy Chief, Education and Training Division.
  • B.Motor Vehicle Crashes
    • 1.The investigating supervisor of the district of the location where the motor vehicle crash occurred will review all motor vehicle crashes involving Department vehicles for policy compliance and proper vehicle operation that result in the following:
      • a.no serious personal injury; and
      • b.no significant property damage.
      NOTE:
      Motor vehicle crashes involving emergency vehicle operation that fit the above criteria will be reviewed at the district level; they will not be forwarded to the Traffic Review Board.
    • 2.Appropriate classification and supervisory action will adhere to the Department directive entitled "Traffic Crashes Involving Department Members" for all motor vehicle crashes.
  • C.Districts will only initiate disciplinary action for the pursuits and crashes that fit the criteria for district-level review. Disciplinary action will not be initiated for pursuits and crashes that will be reviewed by the Traffic Review Board.
IV.The Traffic Review Board
  • A.Board Structure and Operation
    • 1.The Traffic Review Board will consist of members assigned by the 1st Deputy Superintendent.
    • 2.The 1st Deputy Superintendent will designate a member to serve as chairperson of the board.
    • 3.All board members will be equal voting members.
    • 4.A quorum of the board will consist of three board members.
    • 5.Decisions of the board will be made by majority vote and authenticated by the signature of the board chairperson.
      NOTE:
      In the event of a tie, the chairperson's determination is final.
    • 6.The Commanding Officer,Traffic Section, will serve as the board secretary.
  • B.The Traffic Review Board will:
    • 1.review motor vehicle pursuits for policy compliance and proper vehicle operation that result in the following:
      • a.significant property damage;
      • b.the total duration of the pursuit is more than three minutes;
        NOTE:
        If a pursuit is terminated and subsequently continued for the same wanted vehicle, all pursuit incidents will be counted to determine the total duration in time, inclusive of any gaps.
      • c.the pursuit was unmonitored by a supervisor;
      • d.the pursuit involved supervisory intervention from more than one district/unit;
      • e.the pursuit crossed district boundary lines;
      • f.the members involved in the pursuit were assigned to different districts/units;
      • g.the pursuit involved multiple crash locations;
      • h.serious personal injury;
      • i.incidents that cross jurisdictional boundaries; or
      • j.other traffic-related incidents as directed by the Superintendent.
    • 2.review motor vehicle crashes for policy compliance and proper vehicle operation that involve:
      • a.significant property damage;
      • b.serious personal injury;
      • c.incidents that cross jurisdictional boundaries; or
      • d.other traffic-related incidents as directed by the Superintendent.
    • 3.review the findings from the COPA investigation when an officer-involved death has occurred.
      NOTE:
      When appropriate, any disciplinary action will be determined by COPA.
  • C.Responsibilities
    The Traffic Review Board will:
    • 1.meet at least bi-monthly or more as needed, as determined by the chairperson.
    • 2.review all applicable motor vehicle pursuits and crashes consistent with the procedures stated in Item IV of this directive.
    • 3.consistent with the Department directive entitled "Emergency Vehicle Operations—Pursuits" and other applicable directives, if it is determined that a vehicle operator was not in compliance with Department policy relative to a motor vehicle pursuit, take the following actions, as appropriate:
      • a.determine if a Summary Punishment or Complaint Register Investigation will be initiated by the member's unit of assignment; and / or
      • b.recommend and request to the unit commanding officer of the affected member that the member attend the one-day refresher course.
        NOTE:
        The unit commanding officer of the affected member will submit a To-From-Subject report through the chain of command to the Deputy Chief, Education and Training Division.
    • 4.determine the appropriate classification and supervisory action for all vehicle crashes consistent with the Department directive entitled "Traffic Crashes Involving Department Members."
    • 5.document the findings on the Traffic Review Board - Summary of Findings and forward a copy of the form to the member's unit commanding officer.
      NOTE:
      If the member is recommended to attend the one-day refresher course, forward an additional copy of the form to the Peak Performance Driving Unit.
    • 6.as part of each meeting, review a random sample of investigations conducted by the district/unit level review to ensure consistency in application and compliance with Department policy.
      NOTE:
      If reviews conducted by the Traffic Review Board result in a finding that is not consistent with the district/unit level determination, the appropriate exempt commanding officer will consult with the chairperson of the Traffic Review Board to seek a resolution, upon notification of the inconsistency.
(Items indicated by italic/double underline were added or revised.)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
16-087 MJC
GLOSSARY TERMS:
1. -
Any death of an individual that results directly from an action or directly from an intentional omission, including unreasonable delay involving a person in custody or intentional failure to seek medical attention when the need for treatment is apparent, of a law enforcement officer while the officer is on duty, or otherwise acting within the scope of his or her employment, or while the officer is off duty, but performing activities that are within the scope of his or her law enforcement duties. "Officer-involved death" includes any death resulting from a motor vehicle accident, if the law enforcement officer was engaged in law enforcement activity involving the individual or the individual's vehicle in the process of apprehension or attempt to apprehend.