Chicago Police DepartmentSpecial Order S06-01-08
Detention of Warrantless Arrestees Prior to Charging and Duty Judge Procedures
Issue Date:29 February 2012Effective Date:29 February 2012
Rescinds:Version dated 10 October 2008; G02-03-13
Index Category:Processing Persons
I.Purpose
This directive establishes:
  • A.specific procedures relating to the detention of individuals who are arrested without a warrant.
  • B.the Duty Judge hearing criteria and procedures.
II.Duty Judge Hearing Criteria
  • A.The Duty Judge procedures outlined in this directive are limited to situations where:
    • 1.the arrestee has been charged with a felony, and
    • 2.the station supervisor has approved final charges.
  • B.The Duty Judge procedures will only be used for a charged arrestee who:
    • 1.will not be able to appear before a regularly scheduled court call for which the case is normally returnable within 48 hours of the time of arrest; or
    • 2.is seeking medical attention for a physical or mental condition and a mittimus can not be secured within 48 hours from the time of arrest.
  • C.The appropriate area deputy chief, Bureau of Patrol or, in cases involving detectives, the area commander, Bureau of Detectives, is responsible for contacting the Circuit Court of Cook County Duty Judge Coordinator and will have the final authority in determining if the arrestee meets the criteria for presentation before the Duty Judge.
III.Duty Judge Procedures
  • A.A Duty Judge is available to the Department to conduct hearings for a judicial determination of probable cause to detain for a warrantless arrest:
    • 1.during the regular Central Bond Court Call:
      • a.Weekdays from 0830 hours to 1700 hours, and
      • b.Weekends and Court Holidays from 1000 hours to 1400 hours.
    • 2.on-call everyday from 2000 hours to 0200 hours.
      NOTE:
      For situations which are not investigated by the Bureau of Detectives, the Duty Judge will only be utilized during the regular Central Bond Court Call.
  • B.For cases meeting the Duty Judge hearing criteria, the Duty Judge procedures will begin:
    • 1.as soon as a charged arrestee is not transported to court by the first regularly scheduled court transport, and
    • 2.it is determined that the arrestee will not appear before a court within 48 hours from the time of arrest.
  • C.Duty Judge Procedures For Cases In Which The Bureau of Detectives Has Investigative Authority
    • 1.The station supervisor of the detention facility will contact the appropriate Bureau of Detectives investigating member to determine whether either:
      • a.the arrestee should be released without charging, or
      • b.the matter involving the arrestee should be presented before the Duty Judge.
    • 2.If the Bureau of Detectives investigating member determines that:
      • a.the arrestee should be released without charging, the investigating member will make this request to the station supervisor of the detention facility.
      • b.the matter should be presented before the Duty Judge, the investigating member will:
        • (1)inform the station supervisor of the detention facility, and
        • (2)contact the appropriate commander, Bureau of Detectives, for approval.
    • 3.If the commander, Bureau of Detectives, determines that:
      • a.the arrestee should be released without charging, the commander will make this request to the station supervisor of the detention facility.
      • b.the matter should be presented before the Duty Judge, the commander will:
        • (1)contact the Duty Judge Coordinator and seek to have the matter presented before the appropriate court within 48 hours of the arrest, and
        • (2)inform the station supervisor of the detention facility of the outcome of the hearing.
  • D.Duty Judge Procedures For Cases In Which The Bureau of Detectives Does Not Have Investigative Authority
    • 1.The station supervisor of the detention facility will contact the appropriate area deputy chief, Bureau of Patrol to initiate the Duty Judge procedures.
      NOTE:
      For situations which are not investigated by the Bureau of Detectives, the Duty Judge will only be utilized during the regular Central Bond Court Call.
    • 2.If the area deputy chief, Bureau of Patrol, determines that:
      • a.the arrestee should be released without charging, the area deputy chief, Bureau of Patrol, will make this request to the station supervisor of the detention facility.
      • b.the matter involving the arrestee should be presented before the Duty Judge, the area deputy chief, Bureau of Patrol, will:
        • (1)contact the Duty Judge Coordinator and seek to have the matter presented before the appropriate court within 48 hours of the arrest; and
        • (2)inform the station supervisor of the detention facility of the designated Duty Judge.
  • E.If the presentation of the case before the Duty Judge is approved, the appropriate station supervisor and/or the commander, Bureau of Detectives, will ensure:
    • 1.the arrestee and supporting documentation are presented to the designated Duty Judge within 48 hours of the time of arrest.
    • 2.the cooperation of Department personnel in presenting the matter at such hearing, including the transportation of the arrestee and having one or more members, as appropriate, attend the hearing.
    • 3.the Duty Judge procedures for arrestees seeking medical treatment are followed, as necessary.
    • 4.the investigating member completes a Probable Cause Statement for Judicial Determination for presentation to the Duty Judge.
    • 5.the arrestee is transported to the rear employee entrance of the Criminal Court building located at 2600 South California or the Department or Court facility, as designated by the Duty Judge Coordinator, and presented to the designated Duty Judge.
    • 6.the Duty Judge is presented with an approved sworn Arrest Report, a sworn Probable Cause Statement for Judicial Determination, and a sworn court complaint.
    • 7.that if the Duty Judge determines that there was sufficient probable cause to support the arrest,
      • a.a Municipal Criminal I (MCI) case number is assigned and all documents related to the arrestee reflect the MCI case number;
      • b.the arrestee is transported back to the detention facility and appears at the next regularly scheduled court call to which the case is normally returnable;
      • c.the Arrest Report and other supporting documentation indicates the Duty Judge’s determination.
        NOTE:
        The Department will not delay the arrestee from appearing at the next regularly scheduled court call for which the case is normally returnable.
    • 8.that if the Duty Judge determines that there was not sufficient probable cause to justify the arrest:
      • a.the arrestee is immediately transported back to the detention facility.
      • b.the Arrest Report and other supporting documentation indicates the Duty Judge’s determination and is processed according to established procedures
      • c.the arrestee is promptly released without charging.
  • F.Duty Judge Procedures For Arrestees Seeking Medical Treatment When A Mittimus Cannot Be Obtained Within 48 Hours
    • 1.The Duty Judge will be available for hearings concerning arrestees seeking medical treatment only during the regular Central Bond Court Call.
    • 2.When the Duty Judge procedures have been approved for an arrestee seeking medical treatment:
      • a.the station supervisor of the detention facility will assign a member to present the sworn Arrest Report, a sworn Probable Cause Statement for Judicial Determination, and sworn court complaints to the designated Duty Judge.
        NOTE:
        The station supervisor will ensure the Probable Cause Statement for Judicial Determination indicates the location where and the reason why the arrestee is seeking medical treatment.
      • b.the member assigned to present the matter before the Duty Judge will present the documentation to the Duty Judge within 48 hours of the arrest, in place of the arrestee physically appearing before the court and inform the Duty Judge that the arrestee is seeking medical treatment.
    • 3.If the Duty Judge determines that there was sufficient probable cause to support the arrest,
      • a.the assigned member will ensure:
        • (1)an MCI case number is assigned and all documentation related to the arrestee reflect the MCI case number.
        • (2)the documentation supporting the arrest is returned to the station supervisor of the detention facility.
        • (3)the station supervisor is informed of the Duty Judge’s determination.
      • b.the station supervisor will ensure:
        • (1)the Arrest Report and other supporting documentation indicates the Duty Judge’s determination.
        • (2)if the arrestee is treated and released by hospital personnel, that the arrestee is brought to the next regularly scheduled court call for which the case is normally returnable, or
        • (3)if the arrestee is admitted into the hospital, a mittimus is secured.
          NOTE:
          The Department will not delay the arrestee from appearing at the next regularly scheduled court call for which the case in normally returnable or the securing of the mittimus.
    • 4.If the Duty Judge determines that there was not sufficient probable cause to justify the arrest:
      • a.the assigned member will:
        • (1)advise the station supervisor of the determination of the Duty Judge.
        • (2)return the documentation supporting the arrest to the station supervisor of the detention facility.
      • b.the station supervisor of the detention facility will ensure:
        • (1)the arrestee is promptly released without charging.
        • (2)the Arrest Report indicates the Duty Judge’s determination.
IV.Documentation
  • A.The station supervisor of the detention facility will ensure the utilization of the Duty Judge procedures are documented in the appropriate sections of the Arrest Report.
    • 1.The Arrestee Movement section must include the movement of the arrestee between the detention facility and the location of the Duty Judge.
    • 2.The appropriate supervisor comments section must include, when applicable:
      • a.any notifications made to the area deputy chief, Bureau of Patrol or Bureau of Detectives, pursuant to the Duty Judge procedures.
      • b.the name of the Duty Judge Coordinator contacted and the time notified.
      • c.the date and time the arrestee appeared before the Duty Judge.
      • d.the judicial outcome of the Duty Judge hearing.
  • B.The appropriate commander, Bureau of Detectives, will ensure that:
    • 1.all actions taken with respect to the detention of the arrestee and the Duty Judge procedures, including the name of the Duty Judge Coordinator contacted and the time notified, are documented in the corresponding case and/or supplementary reports prepared by assigned Bureau of Detectives personnel; and
    • 2.a copy of any motion or supporting documentation related to the use of the Duty Judge procedures are included and retained in the appropriate file.
(Items indicated by italic/double underline were added or revised)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
08-044/12-003 MWK(TRH)