Chicago Police DepartmentGeneral Order G02-01-01
Criminal Investigations of Drug or Alcohol Abuse Patients
Issue Date:06 April 1989Effective Date:06 April 1989
Rescinds:D89-24
Index Category:Human Rights and Community Partnerships
I.Purpose
The purpose of this directive is to inform Department members of the pertinent provisions of the United States Code and the Code of Federal Regulations regarding the arrest or investigation of persons in drug or alcohol abuse programs funded in whole or in part by the Federal Government and to establish procedures for investigative and arrest activity of persons who are or have been residing in such programs.
II.General Information
  • A.Records of the identity, diagnosis, prognosis or treatment of a patient in a drug or alcohol abuse program may not be disclosed unless the prior written consent of the patient has been obtained or authorized by a court order (42 United States Code, Sections 290dd-3 and 290ee-3, and Illinois Revised Statutes, chapter 111 , paragraph 6307.1).
  • B.The prohibition of unauthorized disclosures applies irrespective of whether the person seeking disclosure already has the information sought, has other means of obtaining it, enjoys official status, has obtained a subpoena, or asserts any other justification or basis for disclosure not expressly authorized under Item II-D of this directive (42 Code of Federal Regulations, Section 2.13 (e) ).
  • C.The prohibition of unauthorized disclosures covers all information about patients, including their attendance or absence, physical whereabouts or status as patients, whether or not recorded, in the possession of program personnel except where a patient commits or threatens to commit a crime on the premises of the program or against personnel of the program; however, the suspect may not be identified as a program patient (42 Code of Federal Regulations, Section 2.13 (c.)).
  • D.The disclosure as to whether a person is not or has not been attending a drug abuse program is prohibited unless a court order authorizes that such information can be released (42 Code of Federal Regulations, Section 2.13 (ee)).
  • E.Any improper or unauthorized request for any disclosure of records or information must be met by a non-committal response by drug or alcohol abuse program personnel. (42 Code of Federal Regulations (Section 2.13 (e)).
  • F.A court may authorize disclosure of records pertaining to a patient for the purpose of conducting an investigation of or a prosecution for a crime of which the patient is suspected only if the court finds that all of the following criteria are met:
    • 1.the crime was extremely serious, such as one involving kidnaping, homicide, assault with a deadly weapon, armed robbery, rape, or other acts causing or directly threatening loss of life or serious bodily injury or was believed to have been committed on the premises of the program or against personnel of the program;
    • 2.there is a reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the investigation or prosecution;
    • 3.there is no other practicable way of obtaining the information or evidence (42 Code of Federal Regulations, Section 2.65).
  • G.No undercover agent or informant may be employed by or enrolled in any alcohol or drug abuse treatment program in the absence of a court order (42 Code of Federal Regulations, Section 2.67).
III.Procedures
  • A.When a critical incident is reported by drug or alcohol abuse program personnel, the appropriate police action will be taken consistent with the provisions of Item II-C of this directive.
  • B.Department members attempting to obtain investigative information or arrest any patient in a drug or alcohol abuse program will:
    • 1.consult with and obtain the approval of the Assistant States Attorney assigned to felony review, and
    • 2.obtain the necessary subpoena or arrest warrant AND court order from the appropriate court when directed to do so by the Assistant States Attorney.
LeRoy Martin
Superintendent of Police
86-086 JPC (FRC)