Chicago Police DepartmentSpecial Order S06-12-04
Extradition Procedures
Issue Date:26 August 2019Effective Date:26 August 2019
Rescinds:22 August 2012 version
Index Category:Processing Persons
I.PURPOSE
This directive:
  • A.defines the responsibilities of the Department extradition officer assigned to the Central Warrant Unit, Field Services Section, Records Division.
  • B.outlines the basic procedures to be followed in extradition cases.
  • C.introduces the:
II.GENERAL INFORMATION
Surety bond amounts set in jurisdictions outside of Illinois are not binding on the Circuit Courts of Illinois. In order to provide fugitive warrant arrestees with the privilege of release, surety bonds on fugitive complaint charges must be set through a court appearance during normal court hours or at Weekend/Holiday Court.
III.EXTRADITION OFFICER
  • A.The primary function of the extradition officer is that of liaison between the Chicago Police Department, the States Attorney's Office, the Attorney General of the State of Illinois, the office of the Governor of the State of Illinois, and out-of-state agencies involved in extradition procedures.
  • B.All procedures and administrative duties for the processing of extradition documents will be carried out by the extradition officer or designee. The designated unit supervisor assigned to the Field Services Section will assume these responsibilities during the absence of the extradition officer.
IV.RESPONSIBILITIES OF THE ARRESTING OFFICER
Arresting officers, when informed that a person in his or her custody is wanted on a serviceable warrant from an out-of-state jurisdiction, will:
  • A.notify the Field Services Section that they have a person wanted on a fugitive warrant.
    NOTE:
    Arrestees charged with local offenses will be scheduled to appear at the designated extradition hearing court, Branch 98, where all local charges will be adjudicated prior to extradition matters.
  • B.cite all Municipal Code of Chicago (MCC) violations on a "Class C" Misdemeanor/Ordinance Violation complaint form. An Administrative Notice of Ordinance Violation (ANOV) will not be used to cite MCC violations for an individual who is wanted on a serviceable warrant from an out-of-state jurisdiction.
  • C.issue any related traffic citations without a court date.
    NOTE:
    Department members are informed that no bonds, including "I"bonds, will be given for traffic citations for arrestees that are wanted on an out-of-state warrant. All traffic citations for these arrestees will be scheduled to appear at the designated extradition hearing court, Branch 98.
  • D.obtain the necessary information from the extradition officer assigned to the Field Services Section and include this information in the narrative portion and all required sections of the Arrest Report.
  • E.inform the district booking officer and the district station supervisor of this information and the existence of the warrant in the NCIC system.
NOTE:
Department members will not accept arrests from outside law enforcement agencies if other charges, including traffic violations, are associated with the arrestee wanted on a serviceable warrant from an out-of-state jurisdiction.
V.RESPONSIBILITIES OF THE DISTRICT STATION SUPERVISOR
  • A.The district station supervisor at the detention facility, when informed that an arrestee is wanted on a serviceable fugitive warrant, will contact the extradition officer and obtain pertinent warrant information.
  • B.The district station supervisor will ensure that:
    • 1.the arresting and booking officers comply with the provisions of this directive.
    • 2.all Municipal Code of Chicago (MCC) violations are cited on a "Class C" Misdemeanor/Ordinance Violation complaint form.
    • 3.no bonds are issued for traffic citations for the arrestee.
    • 4.the arresting officer is notified in the event of a change in the officers desired court date, time, or location.
  • C.All persons arrested on fugitive warrants will remain in the district of arrest/detention for the completion of the booking process in accordance with the procedures established in the Department directive entitled "Processing Persons Under Department Control."
  • D.Arrestees will be booked for appearance in the extradition hearing court (Branch 98), if:
    • 1.the person is arrested on a fugitive warrant (which has been received with a request for service and/or entered into the Department's computer system) or as a result of an NCIC computer stop.
    • 2.the person is arrested on-view or on warrant for a felony, misdemeanor, city ordinance, or traffic offense, when a fugitive warrant is on file at the Central Warrant Unit/or the Extradition Unit.
  • E.For all local and fugitive charges, the booking process is completed in the district of arrest/detention. Once cleared, the fugitive is transported to Branch 98 with all available documents (Arrest Report, complaints for local charges, if any, etc.) for the completion of the extradition process.
    NOTE:
    No bonds will be issued for any local charges unless the bond associated with the extraditable warrant is posted.
  • F.The district station supervisor will indicate "fugitive warrant" as charges in the first available space of the "References" box and type of offense (Burglary, Robbery, Murder, etc.) in the corresponding space of the "Offenses" selection on the Automated Arrest.
  • G.The fugitive is scheduled to appear in the extradition hearing court for all local and fugitive charges. Local charges will then be assigned to his or her respective court branches after bond has been set.
VI.RESPONSIBILITIES OF THE EXTRADITION OFFICER
  • A.When a person is wanted by an out-of-state jurisdiction, the extradition officer will:
    • 1.be responsible for all correspondence and communication pertaining to extradition matters for all warrants received from out-of-state jurisdictions.
    • 2.ensure that fugitives are properly processed for court appearances.
    • 3.be prepared to attend the extradition hearing court on any local charge(s) and advise the Cook County Assistant States Attorney of the facts of the case to ensure that the presiding judge will be informed of the fugitive warrant and will not release the fugitive without proper bond.
    • 4.ensure that all pertinent information is presented to the presiding judge in the extradition hearing court or Weekend / Holiday Court for setting surety bond.
    • 5.contact and submit request forms to the Cook County Assistant States Attorney in the office of the Chief, Criminal Division, Extradition Department, in charge of the criminal proceedings for approval to extradite, as well as, facilitate travel training and documents for armed travel with Transportation Security Administration (TSA).
    • 6.compile all documents and information pertinent to both local and fugitive warrant charges for presentation to the appropriate assistant state's attorney for determination of prosecution proceedings.
    • 7.prepare court documents, fugitive warrants, complaints, and the Waiver of Extradition (CPD-31.271) and (CPD-31.271-S) to facilitate the extradition of fugitives and notify the foreign jurisdiction when the wanted fugitive can be extradited.
    • 8.expedite the return of the fugitive to the foreign jurisdiction.
  • B.When a person being held by an out-of-state jurisdiction is wanted on a Chicago warrant, the extradition officer will:
    • 1.maintain liaison with the foreign jurisdiction to effect the return of the fugitive to Chicago.
    • 2.prepare the required court documents, fugitive warrants, complaints, police reports, records, and photographs to facilitate the extradition.
    • 3.ensure that a supervisor from the unit having the responsibility for the follow up-investigation or the issuance of the warrant will inform the Extradition Unit within 24 hours of being notified and complete the Arrest Warrant and Return Verification form (CPD-31.219) form indicating if personnel will respond to the arresting agency outside of the State of Illinois to return and process the arrestee. The supervisor will forward the completed form to the Extradition Unit.
      NOTE:
      Department members responsible for the issuance of a warrant for a subject that is arrested by an agency that is outside the State of Illinois and no longer wants the warrant served will have the responsibility of having the warrant quashed with the appropriate court branch.
    • 4.submit request forms for approval to extradite to the Cook County Assistant States Attorney, Office of the Chief, Criminal Division Extradition.
    • 5.direct the police personnel effecting the fugitive's return.
    • 6.once approved determine, request, and arrange proper transportation and funding for police personnel and the fugitive through the Cook County States Attorney's Office.
VII.RESPONSIBILITIES OF THE INVESTIGATING OFFICER
  • A.When assigned to return a fugitive from an out-of-state jurisdiction, the investigating officer will:
    • 1.report to the extradition officer for instructions regarding the proper procedures and forms for the return of the fugitive.
    • 2.obtain the following reservation information: the airline information, the automobile rental, the hotel, funding, from the extradition officer.
      NOTE:
      In the instance of travel for interviews, the investigating officer will contact the Finance Division for credit card authorization and disbursement of funds.
    • 3.report to the detaining agency and take the fugitive into custody .
    • 4.upon return, process the arrestee at the appropriate Bureau of Detectives area in accordance with the procedures established in the Department directives entitled "Processing Persons Under Department Control" and "Field Arrest Procedures."
    • 5.prepare a Supplementary Report (CPD-11.411) for the extradition process, including in the narrative portion persons contacted, court appearances made, and documents executed.
    • 6.submit all required documents for expenses incurred, a Fugitive Arrestee Receipt (CPD-31.273), and a copy of the Agents Authority on Governors Warrant, a formal Waiver of Extradition, Formal Waiver of Extradition Certification (CPD-31.272), or the Detainer Action Letter, as appropriate, to the Extradition officer and the Cook County Assistant State's Attorneys Office.
      (Items indicted by italics/double underline were revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
19-004 RCL
GLOSSARY TERMS:
1. -
Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence.