Chicago Police DepartmentSpecial Order S06-12-03
Judicial Non-traffic Summons
Issue Date:13 December 2002Effective Date:14 December 2002
Rescinds:S02-23
Index Category:Processing Persons
I.Purpose
This directive:
  • A.continues the use of the judicial non-traffic summons issued through the Circuit Court of Cook County.
  • B.outlines the responsibilities of the Department in the judicial non-traffic summons program.
II.The Non-traffic Summons
  • A.Under the authority of Chapter 725 ILCS 5/107-11, the First Municipal District of the Circuit Court of Cook County may issue a summons in lieu of an arrest warrant.
  • B.A summons is a written court order commanding a person to appear before a court at a stated time and place.
  • C.The concept of the judicial non-traffic summons relies on the belief that citizens, when informed of a complaint made against them, will appear in court as summoned. The use of the judicial non-traffic summons in lieu of an arrest warrant benefits the Department, citizens, and the courts. The summons requires no action from the Department as far as locating and arresting persons named in the complaint. Citizens are not physically arrested and incarcerated and do not have to post a bond prior to their court appearance. The courts are able to schedule their court calls and caseloads more equitably.
III.Responsibility of the Court
By agreement with the Office of the Presiding Judge of the First Municipal District of the Circuit Court, clerks assigned to the issuing courts have the responsibility to:
  • A.ensure that each summons bears a file number and a return date not less than two weeks from the order date.
  • B.maintain a court file of summonses and complaint copies under their control for court purposes.
  • C.prepare the summons for mailing to the defendant, including the Court Branch and telephone number on the face of the envelope.
  • D.mail the summons to the defendant.
  • E.complete the accompanying arrest warrant when a judge issues an arrest warrant against a defendant for failing to appear on a summons.
IV.Responsibilities of the Department
  • A.Police officers assigned as warrant clerks will:
    • 1.in each case wherein an aggrieved citizen seeks court redress of a complaint, prepare a formal complaint which has been sworn to and signed by the complainant.
    • 2.prepare a judicial non-traffic summons in lieu of a warrant when the person named in the complaint is an identified resident of Chicago or its adjacent suburbs, it is reasonable to assume he / she will appear in court as summoned, and in all likelihood, will not seek to intimidate the complainant.
    • 3.accurately record as much personal information as possible for the person named in the summons (e.g., name, address, sex, race, height, weight, date of birth, age, and complexion) in the "Information and Description of Defendant" section of the summons.
    • 4.have the assistant states attorney assigned to the court branch review the summons, complaint, and any other related documents for approval before they are presented to the court.
    • 5.assist court clerks, when possible, by preparing Clerks Office envelopes for mailing the summonses.
    • 6.ensure that such envelopes bear the court branch number before mailing.
  • B.Court sergeants / officers will:
    • 1.perform a name check of defendants appearing on a summons at the direction of the presiding judge.
    • 2.use the "Information and Description of Defendant" section of the summons to conduct name checks.
    • 3.ensure that the information on the summons is complete and legible.
  • C.The Police Document Services Section will route returned summons envelopes to the court branch noted on the face of the envelope.
  • D.District Detention Facilities
    • 1.After hearing facts sufficient for a finding of guilty, the court may direct a court order requiring that a defendant report to a detention facility to be fingerprinted and photographed. The defendant will be directed to the nearest Chicago Police Department detention facility.
    • 2.Detention personnel will:
      • a.complete an Arrest Report (CPD-11.420). The narrative should include the judges name, summons or court order number, court branch number, courtroom number, and the continued court date. If, however, the information required for the Arrest Report is not legible from the defendants copy of the court order, contact the Identification Section.
      • b.conduct a name check.
      • c.enter the necessary information into the CHRIS system and obtain a CB number.
      • d.fingerprint and photograph the defendant.
      • e.return the defendants copy of the court order to the defendant.
      • f.retain the district copy of the Arrest Report according to existing records retention requirements.
      • g.forward all remaining copies of the Arrest Report to the Identification Section by police mail.
    • 3.The defendant will not be detained pending the results of the fingerprint check.
  • E.The Identification Section will:
    • 1.receive a duplicate copy of the court order from the originating court.
    • 2.forward the results of the fingerprint check to the states attorney as directed by the court order.
Terry G. Hillard
Superintendent of Police
02-065 MTN [PMD]