Chicago Police DepartmentSpecial Order S06-12-01
Writs of Habeas Corpus
Issue Date:29 February 2012Effective Date:29 February 2012
Rescinds:Version dated 01 April 1988; G88-03
Index Category:Processing Persons
I.Purpose
This directive:
  • A.assigns responsibilities for processing writs of habeas corpus which originate from outside the Department.
  • B.specifies procedures to be followed when a writ of habeas corpus has been served on the Superintendent of Police.
  • C.outlines processes for obtaining a writ of habeas corpus for a person incarcerated outside the Department in Cook County or for a person sentenced and imprisoned outside of Cook County in the State of Illinois when that person is wanted on a warrant on file in the Department.
  • D.assigns court appearance responsibilities when a writ of habeas corpus has been obtained by the Department.
II.Processing Writs of Habeas Corpus Served on the Department
  • A.The Field Services Section of the Records Division will receive all writs of habeas corpus (writ) which have been served on the Superintendent of Police, and will be responsible for ensuring that necessary action is taken to comply with the writ .
  • B.The Field Services Section will search the Central Booking files to ascertain the location of the person in custody and will notify the unit of detention that a writ has been received.
  • C.If the search of the Central Booking files does not locate the person, an Administrative Message Center (AMC) message will be sent to all units notifying them that a writ has been received, providing them with the name of the person to whom the writ relates. The unit of detention will immediately notify the Field Services Section that the person is in its custody.
  • D.In the event a search of the Central Booking files and the sending of an AMC message determine that the person named in the writ of habeas corpus is not in the custody of the Department, the Field Services Section will notify the Clerk of the Court to which the writ is returnable.
III.Procedures
  • A.Department personnel will comply with the provisions of all writs of habeas corpus which have been served on the Superintendent of Police.
  • B.In the event that the person named in the writ of habeas corpus has been released or has been delivered to another agency, the unit which last had custody of the person will immediately report this information to the Field Services Section which in turn will notify the Clerk of the Court to which the writ is returnable.
  • C.In the event a person named in the writ of habeas corpus has been formally charged with a criminal offense, the unit which processed the arrestee will immediately notify the Field Services Section and the Clerk of the Court to which the writ is returnable. In most cases, when the Clerk of the Court is so advised, the court will excuse the responsible officer from appearing in court in answer to the writ .
  • D.The provisions outlined in the Department directive entitled "Processing Persons Under Department Control" will be followed when a court appearance is necessary. In the event the officer required to appear is not available, the unit commanding officer of that member will assign another member of the unit to appear in compliance with terms of the writ .
IV.Department Processes for Obtaining a Writ of Habeas Corpus
  • A.Whenever a Department member ascertains that a person wanted on a warrant is incarcerated outside the Department, but within Cook County, for an offense other than that for which the warrant was issued, the member will immediately notify the Central Warrant Unit.
  • B.When the Central Warrant Unit verifies that the person is wanted on a warrant, that unit will:
    • 1.ascertain the next court date, the court branch, and other charges against the person if the person is incarcerated awaiting trial.
    • 2.ascertain the scheduled date of release of the person if the person has been sentenced and imprisoned.
    • 3.if action is to be taken on the warrant by obtaining a writ of habeas corpus (for example, the warrant is for a felony and the person is in custody for a misdemeanor):
      • a.place a hold on the subject at the place of confinement.
      • b.identify the detective who conducted the follow-up investigation who will be responsible to appear in court at the hearing.
    • 4.obtain a copy of the person's Criminal History sheet (CPD-31.903).
    • 5.obtain a copy of all case reports which were the basis for the issuance of the writ .
    • 6.contact the officer responsible to appear for the purpose of determining a court date for the writ of habeas corpus which does not conflict with either the officer's other court appearance dates or any court appearance dates of the wanted person.
    • 7.contact the State's Attorney's Office for a writ of habeas corpus ordering the wanted person transported to the court of jurisdiction on the predetermined date.
    • 8.contact the court sergeant in the court of jurisdiction and inform him that the wanted person will be transported to the court on the predetermined date.
  • C.When a Department member ascertains that a person wanted on a warrant has been sentenced and imprisoned outside of Cook County, but within the State of Illinois, that member will immediately notify the Central Warrant Unit which will initiate procedures to obtain a writ of habeas corpus .
V.Court Appearance
  • A.The officer will report to the Central Warrant Unit at 0830 hours on the date of the hearing on the writ to pick up the warrant and will take it to the court to which the wanted person has been transported.
  • B.The deputy sheriff of the court to which the warrant is returnable will deliver the wanted person to the custody of the officer for booking and charging.
    • 1.At the Criminal Courts Complex, processing will be completed in the designated room.
    • 2.At all other locations of courts, processing will be completed at the nearest Department detention facility.
  • C.After booking processes have been completed and charges have been placed, the officer to whom the wanted person was delivered will return the arrestee to the custody of the deputy sheriff of the court to which the warrant is returnable. The Transportation / Bailiff Copy of the Arrest Report (CPD-11.420) will be given to the deputy sheriff. The Court Sergeant / Permanent Record Copy, the Court Copy of the Arrest Report, and the Court Complaint Transmittal Listing (CPD-11.551) will be attached to the warrant which will be given to the clerk of the court who will schedule the warrant case for court hearing.
  • D.The officer who will appear in court on the writ of habeas corpus is responsible for ensuring that complainants and witnesses are notified of the proper location, time and date their presence is required.
  • E.In the event the arrestee cannot be returned to the court to which the warrant is returnable, i.e., the court call has been completed and a deputy sheriff is unavailable to receive the arrestee, the officer to whom the wanted person was delivered will immediately transport (via squadrol) the arrestee to the Receiving Room of the Cook County Jail and remand him to the custody of the Sheriff's Office. The Transportation / Bailiff Copy of the Arrest Report will be given to the deputy sheriff receiving the arrestee. The officer will:
    • 1.return the warrant to the Central Warrant Unit, and
      • a.indicate that the arrestee did not have a hearing on the warrant.
      • b.request that the Central Warrant Unit follow the procedures set forth in Item IV of this directive to repeat the writ process and obtain a new court date.
    • 2.note on the narrative portion of the Court Sergeant / Permanent Record Copy of the Arrest Report:
      "Writ of habeas corpus process NOT completed. Arrestee remanded to the custody of the Sheriff's Office at the Cook County Jail."
    • 3.deliver the remaining copies of the Arrest Report to the district station supervisor or chief clerk on duty at the Identification Section who will ensure that the Arrest Report and fingerprints are properly processed.
    • 4.ensure that the assistant state's attorney assigned to the court to which the warrant is returnable is informed that the writ of habeas corpus process was not completed and procedures are being initiated to have the arrestee brought before the court of jurisdiction at the earliest opportunity.
(Items indicated by italics/double underline were added or revised)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
87-55/12-003 DF(mmd)/AMR
GLOSSARY TERMS:
1. -
Is a written order signed by a judge directing a person who has another person in custody to produce the person in custody before the court or judge issuing the writ.