Chicago Police DepartmentSpecial Order S04-01-04
Involuntary Delivery of a Controlled Substance
Issue Date:30 December 2016Effective Date:01 January 2017
Rescinds:9 February 2000 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.informs Department members of the statutes governing crimes involving the involuntary delivery of a controlled substance, commonly referred to as a "date rape drug."
  • B.outlines procedures for the preliminary investigators, evidence technicians, and detectives for cases in which the victim may have been drugged.
  • C.eliminates the usage of the Illinois Attorney General Toxicology Screen Formset.
  • D.introduces the Illinois State Police Consent to Toxicology form (ISP 6-713 4/12):
    • 1.Part One entitled "Consent to Toxicology Screen"
    • 2.Part Two entitled "Receipt of Evidence for Toxicology Screen"
    • 3.Part Three entitled "Revocation of Consent for Toxicology Screen"
  • E.introduces Illinois State Police Toxicology Screening Information For Drug Facilitated Sexual Assaults: Patient Information Sheet (ISP 6-386 4/16).
II.References
The following sections of the Criminal Code of the Illinois Compiled Statutes (ILCS) apply to "date rape drugs":
III.General Information
  • A.Although a "date rape drug" can be any controlled substance, the most common substances used include:
    • 1.GHB (Gamma Hydroxybutyric Acid), also known as Liquid G or G; a Schedule I controlled substance, which is usually found as a colorless, odorless liquid, but can also be found as a white powder.
    • 2.Rohypnol (Flunitrazepam), also known as roofies; a Schedule IV controlled substance, which usually comes in one milligram, dime-sized tablets with a single score on one side, and the name of the manufacturer, Roche, and the number 1 or 2 encircled on the other side.
    • 3.Ketamine, also known as Special K, Vitamin K, K, and Cat; a Schedule III controlled substance used by veterinarians as an animal tranquilizer, usually seen as a liquid, but also marketed in powder or capsule form.
  • B.Although, it may be difficult to determine if a victim has been administered a date rape drug based on the victim's account of events, indicators include:
    • 1.appearance of intoxication disproportionate to the amount of alcohol consumption;
    • 2.unexplained drowsiness and impaired motor skills;
    • 3.dizziness, confusion, impaired judgment, and loss of inhibition;
    • 4.amnesia, complete or partial; and/or
    • 5.coma.
  • C.The best chance of obtaining a positive result from a urine test is when the specimen is obtained soon after the substance was ingested. Depending on the substance, the test can be reliable on urine collected as little as six to eight hours after ingestion.
  • D.The toxicology screen tests for the presence of alcohol and all controlled substances, including prescription medications and illegal drugs, such as cocaine and marijuana.
  • E.When a victim provides a urine sample for a toxicology screen, the victim has 5 years from the collection of the evidence or 5 years from the age of 18, whichever is longer, to consent to testing.
  • F.The Illinois State Police has developed an Illinois State Police Toxicology Screening Information For Drug Facilitated Sexual Assaults: Patient Information Sheet (ISP 6-386 4/16). Hospitals are to maintain a supply of information sheets.
  • G.The Illinois State Police has developed a Consent to Toxicology Screen form to document the consent of the victim, receipt of evidence by a law enforcement agency, and revocation of consent. Hospitals are to maintain a supply of Consent to Toxicology forms.
    NOTE:
    It is the hospital's responsibility to contact the Program Administrator of the Illinois State Police Crime Laboratory to obtain additional forms. Department members are not responsible for supplying the hospital with forms.
  • H.The below individuals may consent for the testing of evidence:
    • 1.Victims.
      • a.The victim may provide verbal consent to law enforcement and shall verify consent via email or fax.
      • b.The assigned evidence technicians will ensure the Consent to Toxicology form is completed and sent with urine samples to the appropriate State Police laboratories consistent with Item IV-B.
    • 2.In the case of a victim who is a minor 13 years of age or older, evidence and information concerning the sexual assault may be released at the written request of the minor.
    • 3.If the victim is a minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.
    • 4.If the survivor is an adult who has a guardian of the person, a health care surrogate, or an agent acting under a health care power of attorney, then consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault.
    • 5.If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.
    NOTE:
    A sexual assault advocate may deliver the written release to law enforcement.
IV.Procedures
  • A.When conducting an investigation of a case in which there is reasonable cause to believe the victim has been drugged, in addition to the procedures outlined in the directive entitled "Preliminary Investigations," preliminary and follow up investigators will:
    • 1.explain the need for medical evaluation and treatment (even if the crime occurred days/weeks prior to reporting);
    • 2.identify/protect the crime scene including, but not limited to:
      • a.physical evidence on the victim or victim's clothing;
      • b.the location where the crime/assault occurred; and
      • c.the location where the drug was administered (e.g. party or bar).
    • 3.advise the victim about preserving evidence including, but not limited to:
      • a.providing a urine sample for toxicology screening;
      • b.drinking glasses or bottles which may have been used to administer a date rape drug; and
      • c.medicines which might be overlooked in other types of cases.
    • 4.if appropriate, follow the procedures outlined in the Department directive entitled "Crime Scene Protection/Processing" to request an evidence technician to process the crime scene.
    • 5.advise the victim about the availability of toxicology screening and describe the consent procedures as follows:
      • a.The victim should provide a urine sample to emergency medical personnel as soon as possible, even if the victim is unsure whether or not to have the urine tested.
      • b.The victim may provide written consent to the toxicology screen at the time the sample is given, or at any time within 5 years from the collection of the evidence or 5 years from the age of 18, whichever is longer, of giving the sample by signing the Consent portion of the Consent to Toxicology form.
      • c.The victim may revoke the consent at any time within 48 hours of giving consent by signing the Revocation of Consent for Toxicology Screen portion of the Consent to Toxicology.
        NOTE:
        If the victim is unable to travel to the Forensic Services Division to provide written consent or to revoke consent, the victim may call the Forensic Services Division to request that an evidence technician be assigned to hand-deliver the form for the victim's signature.
    • 6.The preliminary investigator will:
      • a.advise the victim that evidence can be collected at the hospital up to 7 days after the sexual assault or abuse, but the longer the victim waits the likelihood of obtaining evidence decreases;
      • b.ensure that the victim has received the Illinois State Police Toxicology Screening Information for Drug Facilitated Sexual Assaults: Patient Information Sheet;
      • c.fill out the Consent to Toxicology in triplicate;
        NOTE:
        One copy will be returned by the assigned evidence technician to the Forensics Services Division, one copy will be given to the victim, and one copy will be given to the hospital.
      • d.ensure that the victim's name, collection date, and time fields are completed at the top of the Consent to Toxicology form;
      • e.request that the victim gives consent to testing by filling out Part One of the Consent to Toxicology form entitled "Consent to Toxicology Screen" ;
      • f.leave Consent to Toxicology form and urine sample with the hospital staff for the Evidence Technician to collect and inventory;
      • g.prepare the appropriate case report;
      • h.enter the appropriate Offense/Incident Classifications and Offense Codes using the following table:
        Offense/Incident ClassificationI-UCR
        Primary BoxSecondary BoxOffense Code
        BatteryAggravated-Other Dangerous Weapon0430
        Crim. Sexual AssaultAggravated-Other Dangerous Weapon0264
        Crim. Sexual AssaultPredatory 0266
        Sex OffenseAggrav. Crim. Sexual Abuse1562
        RobberyAggravated0330
      • i.indicate "possible involuntary delivery of controlled substance" and explain indicators in the narrative;
      • j.document in the narrative of the case report whether or not the victim provided a urine sample for the toxicology screen;
      • k.make proper notification to Forensic Services Division to request an evidence technician respond to the hospital where the victim is located; and
      • l.make proper notification to appropriate Bureau of Detective personnel.
  • B.If the Department is notified of the completion of a sexual assault kit, an evidence technician must take custody of the kit as soon as possible, but no later than 5 days after the completion of the kit, the evidence technician will:
    • 1.accept the urine sample from hospital staff;
    • 2.upon arrival, if victim is still at the hospital, ensure that the victim has received the Illinois State Police Toxicology Screening Information for Drug Facilitated Sexual Assaults: Patient Information Sheet;
    • 3.confirm that the Consent to Toxicology form was completed in triplicate;
      NOTE:
      One copy will be returned by the assigned evidence technician to the Forensics Services Division, one copy will be given to the victim, and one copy will be given to the hospital.
    • 4.ensure that the victim's name, collection date, and time fields are completed at the top of the Consent to Toxicology form;
    • 5.request that the victim give consent to testing by filling out Part One of the Consent to Toxicology form entitled "Consent to Toxicology Screen";
      NOTE:
      Confirm that a witness has signed Part One and record the exact date and time on the form. Assigned Evidence Technicians may sign as a witness and record the exact date and time on the form.
    • 6.sign and complete Part Two of Consent to Toxicology form entitled "Receipt of Evidence for Toxicology Screen." The evidence technician will use:
      • a.star number for "ID #";
      • b."CPD" and the Forensic Services Division address for "Law Enforcement Agency";
      • c.The Forensic Services Division phone number for law enforcement agency phone number.
    • 7.not place the urine sample in, or include as part of, a sexual assault kit.
    • 8.not place urine sample in, or include as part of, other items that are to be inventoried, (e.g., clothing);
    • 9.not place Consent to Toxicology forms inside sealed evidence bags;
    • 10.hand-deliver the urine sample and Consent to Toxicology form to the Forensic Services Division and inventory the urine sample;
    • 11.prepare a written report including the date and time the sexual assault evidence was taken into custody from the hospital, and the date and time the sexual assault evidence was sent to the laboratory; and
    • 12.when given an assignment to meet a victim who has requested to sign his or her Consent to Toxicology form, report to the Forensic Services Division to acquire the associated Consent to Toxicology Screen form and hand-deliver it the victim's location for signature. After the victim signs, the evidence technician will:
      • a.sign as a witness and record the exact date and time on the form; and
      • b.return the signed form to the Forensic Services Division.
  • C.Bureau of Detective personnel will:
    • 1.if assigned to interview a victim at a hospital:
      • a.ensure that the victim has received the Illinois State Police Toxicology Screening Information for Drug Facilitated Sexual Assaults: Patient Information Sheet;
      • b.ensure that the Consent to Toxicology is completed in triplicate;
        NOTE:
        One copy will be returned by the assigned evidence technician to the Forensics Services Division, one copy will be given to the victim, and one copy will be given to the hospital.
      • c.ensure that the victim's name, collection date, and time fields are completed at the top of the Consent to Toxicology form;
      • d.ensure that Part One of the Consent to Toxicology form entitled "Consent to Toxicology Screen" is completed by the victim;
      • e.ensure an evidence technician was requested; and
      • f.leave the Consent to Toxicology form and urine sample with hospital staff for the evidence technician to collect and inventory.
    • 2.review assigned case reports that denote "involuntary delivery of controlled substance" and determine if the Consent to Toxicology form was signed. If consent was not given and the 30-day period has not ended, the assigned investigator will make every reasonable effort to ensure that the victim is informed of the importance and nature of the toxicology screening.
  • D.The Commander, Forensic Services Division, will:
    • 1.develop protocols for:
      • a.the submission of samples to the Illinois State Police Laboratory for testing;
      • b.the maintenance of copies of Consent to Toxicology forms that document victim consent;
      • c.assisting victims that wish to consent or revoke their consent;
        NOTE:
        The Commander of FSD may authorize the acceptance of forms submitted by victims by electronic means in extenuating circumstances.
      • d.informing the Illinois State Police Forensic Science Laboratory when consent has been granted or revoked;
      • e.providing the Illinois State Police Forensic Science Laboratory with the necessary Consent to Toxicology forms; and
      • f.notifying victims of the status of their evidence throughout the testing period.
    • 2.designate Forensic Services Division personnel to:
      • a.instruct victims who wish to sign either Part One or Part Three of the form, or wishes to give consent by other means, to report to the Forensic Services Division. If the victim is unable to travel to the Forensic Services Division, the designated member will assign an evidence technician to pick up the form from the Forensic Services Division and deliver it to the victim for signature.
      • b.sign as a witness and record the exact date and time on the form when a victim reports to the Forensic Services Division to sign either Part One or Part Three.
      • c.forward a copy of the Consent to Toxicology form to the appropriate Bureau of Detective Area for inclusion in the investigative file.
V.Requests for Toxicology Screen After the Conclusion of the 5 year Period
  • A.Unconscious Victims
    • 1.If an unconscious person is brought into the emergency room and emergency room personnel have reason to believe that the victim may have been given a controlled substance without consent, hospital personnel may take a urine sample from the victim.
    • 2.Department personnel will follow the procedures outlined in Item IV-A-6.
    • 3.If the victim becomes conscious within the 5 years from the collection of the evidence or 5 years from the age of 18, whichever is longer, after the urine sample was taken, the victim may sign the consent form by contacting the Forensic Services Division.
    • 4.If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.
  • B.All Other Requests After the Conclusion of the 5 year Period
    • 1.Any Department member who encounters a victim wishing to provide consent after the conclusion of the 5 years from the collection of the evidence or 5 years from the age of 18, whichever is longer, (other than a victim described in Item V-A), or wishing to revoke consent 48 hours after consent was given, will advise the victim that the allotted time periods have expired.
Authenticated by: AK
Eddie T. Johnson
Superintendent of Police
16 - 065 MJC