Chicago Police DepartmentSpecial Order S06-04
Processing of Juveniles and Minors Under Department Control
Issue Date:31 January 2013Effective Date:03 February 2013
Rescinds:Version dated 08 January 2013; G98-11
Index Category:Processing Persons
I.Purpose
This directive:
  • A.states Department policy regarding juveniles who come under Department control.
  • B.continues the policy and purpose of the State of Illinois Juvenile Justice Reform Provisions Act of 1998.
  • C.continues the procedures for:
    • 1.completing the Daily Log of Juveniles Taken Into Custody (CPD-24.518).
    • 2.taking a juvenile to a county jail or municipal lockup for the purpose of appearing in a physical line-up.
    • 3.taking a formal statement from a juvenile arrestee.
    • 4.processing a juvenile to be charged as an adult.
    • 5.completing the State of Illinois Monthly Population Form For Law Enforcement (DC 1149).
    • 6.conducting a custodial interrogation of an of a person under 13 years of age in connection with any felony offense.
  • D.identifies certain offenses whereby any minor under 13 years of age must be represented by legal counsel during the entire custodial interrogation.
  • E.states Department policy and procedure regarding:
    • 1.the processing of a juvenile taken into temporary protective custody as a result of a juvenile prostitution related incident.
    • 2.disclosing, inspection, and copying of information about juvenile arrestees.
  • F.continues the procedure for obtaining medical clearance for arrested juveniles who are to be detained.
II.Policy
It is the policy of the Chicago Police Department to observe, uphold, and enforce the law impartially. Department members will at all times remain aware of and protect the rights of each juvenile who comes under Department control either as a victim or a perpetrator of a crime.
III.General Information
  • A.It is the purpose of the State of Illinois Juvenile Justice Reform Provisions Act of 1998 (705 ILCS 405/5-1-1) to:
    • 1.protect citizens from juvenile crime.
    • 2.hold each juvenile offender directly accountable for his or her acts.
    • 3.provide an individualized assessment of each alleged and adjudicated delinquent juvenile in order to rehabilitate and to prevent further delinquent behavior.
    • 4.provide due process, as required by the United States and State of Illinois constitutions.
  • B.Length of Secure Custody (705 ILCS 405/5-410)
    • 1.No juvenile under 10 years of age will be detained in secure custody in a police facility.
    • 2.No juvenile who is 10 or 11 years of age will be detained in secure custody in a police facility for more than 6 hours.
    • 3.No juvenile who is 12 years of age or older will be detained in secure custody in a police facility for more than 12 hours unless the offense is a crime of violence in which case the minor may be detained up to 24 hours.
      NOTE:
      A "crime of violence" means murder, voluntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, armed robbery, robbery, arson, kidnapping, aggravated battery, aggravated arson, or any other felony which involves the use or threat of physical force or violence against another individual. (720 ILCS 301/1-10)
    • 4.Time spent transporting a minor is not considered to be time in detention or secure custody.
    • 5.Any juvenile so confined will be under periodic supervision and will not be permitted to come into contact or remain in contact with adults in custody in the police facility.
  • C.A Daily Log of Juveniles Taken Into Custody form (CPD-24.518) will be maintained at each district desk under the control of the station supervisor; the log will identify the name and reason for detention for each juvenile arrested. In addition, the date and time will be recorded on the log whenever a juvenile is placed in secure custody.
    • 1.Whenever it is necessary to take a person under the age of 17 into a police facility for any offense, Department members will avoid, if practical, handcuffing a juvenile to a stationary object or placing a juvenile in a locked room. The time restriction clock automatically begins with any of these actions.
      NOTE:
      Department members will not jeopardize their own safety, that of the arrestee, or others to conform to this policy.
    • 2.Taking a juvenile into a lockup area for the purpose of fingerprinting and photographing does not automatically begin the time restriction limit; it is the act of placing the juvenile in secure custody that initiates the clock.
  • D.A juvenile may be taken to a county jail or a municipal lockup under the direct and constant supervision of a detective for the purpose of appearing in a physical lineup. The appropriate area detective unit will be notified prior to the line-up so that a detective can be assigned. The lineup will not be conducted without a detective present.
    NOTE:
    For the purposes of appearing in a physical lineup and processing a juvenile, the sight and sound provisions shall not apply (705 ILCS 405/5-410).
  • E.The appropriate area detective unit will be notified prior to taking any formal statement from a juvenile arrestee when a parent / guardian is not present. The formal statement will not be taken without a parent / guardian or detective present.
    NOTE:
    This provision will be followed for persons aged 13 and older and for persons under the age of thirteen who are not charged with the listed offenses in Item III-J.
  • F.When a juvenile who has been convicted of a crime under any of the statutes listed in item II-A of the Department directive entitled "Processing Juvenile Arrestees Charged As Adults" if arrested again for any of those offenses, the juvenile will be processed and charged as an adult.
  • G.District commanders will ensure that the:
    • 1.State of Illinois Monthly Population Form For Law Enforcement (DC 1149) is completed on a monthly basis.
      NOTE:
      The commander will designate a member to transcribe the pertinent information from the Daily Log of Juveniles Taken Into Custody onto the State of Illinois Monthly Population Form For Law Enforcement. Only data that pertains to juveniles who have been placed in secure custody will be entered on the form.
    • 2.district copy is retained in the district file for one year.
    • 3.original and second copy of the form are submitted to the Chief, Bureau of Patrol, no later than five days after the last day of the month.
    NOTE:
    Item III-G applies to district commanders other than those of 002, 007, 008, 009, 010, 011 and 012. The State of Illinois Monthly Population Form For Law Enforcement for these districts will be completed by JISC personnel.
  • H.The Chief, Bureau of Patrol, will designate a member of Bureau of Patrol Administration to forward the completed State of Illinois Monthly Population Form For Law Enforcement to the Research and Development Division no later than seven days after the last day of the month.
  • I.Any sworn Department member who is conducting a custodial interrogation of a person under 13 years of age in connection with any felony offense shall make reasonable efforts to ensure that a parent or legal guardian is present for that interrogation. Reasonable efforts to locate a parent/guardian will include conducting a personal visit to the person's home or the parent/guardian's place of work if telephonic contact cannot be made.
    • 1.The member who has made reasonable efforts to have a parent or legal guardian present will document the efforts and results on the appropriate case report. The member conducting the interrogation will document on the appropriate case report all individuals present during the interrogation including the identity of the parent or legal guardian.
    • 2.If reasonable efforts have failed to ensure the presence of a parent or legal guardian, a detective assigned to the appropriate area detective unit will be present during the interrogation.
      NOTE:
      The requirement of having a parent or legal guardian present during an interrogation will not apply if the offense being investigated involves a victim who is a family member of the minor or the parent or legal guardian is a co-offender of the minor.
  • J.Effective 1 July 2011, any minor under 13 years of age at the time of the commission of any of the following offenses must be represented by legal counsel during the entire custodial interrogation of the minor (705 ILCS 405/5-170):
    1. 720 ILCS 5/9-1First Degree Murder
    2. 720 ILCS 5/9-1.2 Intentional Homicide of an Unborn Child
    3. 720 ILCS 5/9-2Second Degree Murder
    4. 720 ILCS 5/9-2.1 Voluntary Manslaughter of an Unborn Child
    5. 720 ILCS 5/9-3Involuntary Manslaughter and Reckless Homicide
    6. 720 ILCS 5/9-3.2 Involuntary Manslaughter and Reckless Homicide of an Unborn Child
    7. 720 ILCS 5/9-3.3 Drug Induced Homicide
    8. 720 ILCS 5/11-1.20Criminal Sexual Assault
    9. 720 ILCS 5/11-1.30Aggravated Criminal Sexual Assault
    10. 720 ILCS 5/11-1.40Predatory Criminal Sexual Assault of a Child
    11. 720 ILCS 5/11-1.50Criminal Sexual Abuse
    12. 720 ILCS 5/11-1.60Aggravated Criminal Sexual Abuse
  • K.Prior to the next session of juvenile court, the arresting officer(s) will determine whether or not a juvenile arrestee has been placed in secure detention or home detention by contacting the station supervisor. When it is determined that a juvenile has been detained (secure, non-secure, or home), arresting officers will contact the Juvenile Court Liaison Section, Monday through Friday between 0900 and 1100 hours, to ascertain whether their presence is required for a detention hearing. The Juvenile Court Liaison Section will advise officers of all pertinent court information including date, time, and location of the detention hearing.
  • L.Any Department member taking a juvenile into temporary protective custody for a juvenile prostitution-related incident will:
    • 1.not charge a person under the age of 18 with any prostitution-related violation.
    • 2.complete the appropriate case report documenting the incident and necessary notifications.
    • 3.notify the Illinois Department of Children and Family Services State Central Register.
    • 4.ensure the juvenile is remanded to the custody of the Illinois Department of Children and Family Services for further processing.
    NOTE:
    It is the policy of the Chicago Police Department to follow the precedent established under 720 ILCS 5/11-14(d) whereby a person under the age of 18 is immune from prosecution for a prostitution offense.
IV.TRAFFIC OFFENSES
  • A.Traffic Violators
    • 1.In cases where a juvenile is charged with a criminal offense, in addition to traffic citations and/or traffic warrants, ALL traffic citations and warrants will be sent to Traffic Court.
    • 2.Department members will:
      • a.complete all traffic related processing in the district of arrest prior to;
        • (1)the juvenile being processed on criminal charges.
        • (2)the juvenile being turned over to a follow-up investigator and/or;
        • (3)transporting the juvenile to the JISC or the appropriate area.
      • b.list the court date, time, room number, citation number (s) and violation number (s) in the narrative portion of the Arrest Report.
  • B.Traffic Warrants
    • 1.Department members will complete all traffic warrants in the district of arrest prior to the juvenile being processed on criminal charges.
    • 2.In the event a juvenile is in custody on a traffic warrant is unable to post cash bail, and said warrant has been issued for a violation of the Illinois Vehicle Code or Chicago Municipal Ordinance, and is returnable to the Chicago Traffic Court, the Presiding Judge of the First Municipal District has authorized the release of the juvenile by the execution of an Individual Bond (I-Bond) in the amount of bail set on the warrant.
    • 3.The I-Bond must be signed by the juvenile as principal and a parent or guardian must sign directly above the juvenile's signature as surety.
    • 4.District personnel will process all juvenile traffic warrants.
  • C.DUI 625 ILCS 5/11-501 Investigations
    • 1.If charges ARE NOT approved by Felony Review, the case will be sent to Traffic Court and the arrestee will post cash bail or be issued an I-Bond.
    • 2.if charges ARE approved by Felony Review, the area Special Victims Section will be notified and the investigator will follow the Youth Investigation Division current procedures.
V.Medical Clearance of Arrested Juveniles Who are to be Detained
When required, the arresting officer or transporting officer will be responsible for obtaining medical clearance for juvenile arrestees prior to their admission to the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
  • A.The presiding judge of the Juvenile Justice Division has authorized Department members to sign for the medical examination and treatment of any juvenile in their custody who will be admitted to the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
  • B.Juveniles who are injured, seriously ill, taking medication, under the influence of drugs or narcotics, displaying bizarre behavior, or suffering from illnesses such as epilepsy, diabetes, asthma, etc. will be examined at a hospital prior to admission to a detention facility.
  • C.Particular attention must be given to eye injuries, head injuries, dog bites, open wounds, and sutures. If a Department member is aware of any injury or illness, this information should be provided to hospital personnel in order to assist them in providing appropriate medical care.
  • D.Department members should use Cook County Hospital facilities; however, a medical clearance from any approved hospital, as listed in the current directive entitled "Approved Medical Facilities," will suffice. The medical clearance will be obtained from the attending physician.
  • E.The medical clearance must be written, legible, and address the specific injuries, illnesses, or complaints.
  • F.The medical clearance will be taken with the arrest documents and the juvenile to the intake Department of the Cook County Juvenile Temporary Detention Center or the Manuel Saura Center.
  • G.If the results of the medical clearance examination require that the juvenile be admitted to the hospital, the provisions of the directive entitled "Hospitalized Arrestees" will be followed.
VI.Release of Information Regarding Arrested Juveniles
  • A.Department members will not disclose the identity of any juvenile when releasing information to the general public relating to the arrest, investigation, or disposition of any case involving a juvenile.
    NOTE:
    The Juvenile Court Act of 1987 enumerates limited exceptions regarding the disclosure of the identity of a juvenile charged with certain crimes, however, it is the policy of the Chicago Police Department to not disclose the identity of a juvenile when releasing information to the general public [705 ILCS 405/5-905(b)].
  • B.Inspection and copying of law enforcement records maintained by the Department regarding the arrests of juveniles before their 18th birthday will be restricted to the following individuals:
    • 1.a judge of the circuit court and members of the staff designated by the judge.
    • 2.law enforcement officers, probation officers, prosecutors, or their staff.
    • 3.the arrested juvenile, the juvenile's parents / legal guardian and their attorneys, but only when the juvenile has been charged with an offense.
    • 4.adult and juvenile prisoner review boards.
    • 5.authorized military personnel.
    • 6.persons engaged in bona fide research, with the permission of a judge of the juvenile court, provided that the publication of such research results in the nondisclosure of the identity of a juvenile.
    • 7.persons responsible for supervising and providing temporary or permanent care and custody of the minor pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing the information will not be disclosed to any other party.
    • 8.the appropriate school official.
(Items indicated by italic/double underline were added or revised)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
13-017 RDR
GLOSSARY TERMS:
ADDENDA:
1.S06-04-01 - Printable and Non-Printable Offense Procedures
2.S06-04-03 - Processing Juvenile Arrestees Charged As Adults
3.S06-04-04 - Arrestees Processed As Adults and Later Determined To Be Juveniles
4.S06-04-05 - Dependent, Neglected, or Abandoned Children Coming Under Department Control
5.S06-04-06 - Juvenile Intervention and Support Center
6.S06-04-07 - Juvenile Felony Review Pilot Program
7.S06-04-08 - Processing School Absentees
8.S06-04-09 - Processing Curfew Violators
9.S06-04-10 - Processing Status Offenders – 17 Years of Age