Chicago Police DepartmentSpecial Order S06-01-08
Duty Judge Procedures
Issue Date:22 December 2017Effective Date:22 December 2017
Rescinds:20 November 2014 Version
Index Category:Processing Persons
I.Purpose
This directive continues the:
  • A.duty judge hearing criteria and procedures.
  • B.Probable Cause Statement for Judicial Determination (CPD-23.191).
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 an offense that is not eligible for bond; and
    • 2.the watch operations lieutenant 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
      NOTE:
      This procedure will also apply to charged arrestees who have missed a transport to court or who have been refused at court and returned to the custody of the Department.
    • 2.is seeking medical attention for a physical or mental condition and a mittimus cannot 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.Requesting a Duty Judge
  • 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.Monday through Friday (excluding court holidays) 0800 to 1500 hours in the courts located at 155 W. 51st St and 727 E 111th St; or
      NOTE:
      Pertinent documents will be faxed and a telephonic notification will be made to district station supervisors of the 2nd and 5th districts.
    • 2.on-call every day from 1500 to 0200 hours.
  • 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.when 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 that the Bureau of Detectives has investigative authority.
    • 1.The watch operations lieutenant 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 watch operations lieutenant of the detention facility; or
      • b.the matter should be presented before the duty judge, the investigating member will:
        • (1)inform the watch operations lieutenant 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 watch operations lieutenant of the detention facility; or
      • 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 investigating member of the location of the assigned duty judge.
  • D.Duty Judge procedures for cases that the Bureau of Detectives does not have investigative authority.
    • 1.The watch operations lieutenant of the detention facility will contact the appropriate area deputy chief, Bureau of Patrol, to initiate the duty judge procedures.
    • 2.If the area deputy chief, Bureau of Patrol, determines that:
      • a.the arrestee should be released without charging, he or she will make this request to the watch operations lieutenant of the detention facility; or
      • b.the matter involving the arrestee should be presented before the duty judge, he or she 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 watch operations lieutenant of the detention facility of the designated duty judge and location.
IV.Duty Judge Procedures
  • A.If the presentation of the case before the duty judge is approved when the court is in session Monday through Friday, 0800 to 1500 hours, the appropriate watch operations lieutenant or commander, Bureau of Detectives, will ensure:
    • 1.the required supporting documentation is presented to the designated duty judge, in place of the arrestee physically appearing before the court, within 48 hours of the arrest.
    • 2.the investigating member will:
      • a.complete a Probable Cause Statement for Judicial Determination for presentation to the duty judge;
        NOTE:
        If the arrestee is seeking medical treatment, the Probable Cause Statement for Judicial Determination will indicate the location where and the reason why the arrestee is seeking medical treatment.
      • b.fax to the district station supervisor of the location of the assigned duty judge the sworn Probable Cause Statement for Judicial Determination and the sworn court complaint; and
      • c.telephonically confirm the receipt of the above documents with the appropriate district station supervisor.
    • 3.the district station supervisor will assign desk personnel to present the matter before the designated duty judge.
    • 4.The district desk personnel assigned to present the matter before the duty judge will:
      • a.present the approved sworn Arrest Report, a sworn Probable Cause Statement for Judicial Determination, and a sworn court complaint to the designated duty judge, in place of the arrestee physically appearing before the court, within 48 hours of the arrest; and
      • b.inform the duty judge if the arrestee is seeking medical treatment.
  • B.If the presentation of the case is before an on-call duty judge:
    • 1.the member assigned to present the case to the duty judge will:
      • a.meet the duty judge at the requested location;
      • b.present the necessary paperwork to the duty judge;
      • c.ensure the paperwork is signed by the duty judge; and
      • d.return the paperwork to the detention facility.
  • C.If the duty judge determines that there was sufficient probable cause to support the arrest:
    • a.the member assigned to present the matter before the duty judge will ensure:
      • a.a Municipal Case Index number is assigned and all documentation related to the arrestee reflect the Municipal Case Index number; and
      • b.the watch operations lieutenant of the district of detention is informed of the duty judge’s determination.
    • b.the watch operations lieutenant of the detention facility will ensure:
      • a.if duty judge procedures were initiated during regular court days from 0800 to 1500 hours, a unit is assigned to physically return the original signed documentation indicating the finding of probable cause;
      • b.the Arrest Report and other supporting documentation indicates the duty judge’s determination; and
      • c.that the arrestee is brought to the next regularly scheduled court call for which the case is normally returnable.
        NOTE:
        The Department will not delay the arrestee from appearing at the next regularly scheduled court call for which the case is normally returnable for the securing of a mittimus.
      • d.for arrestees seeking medical treatment:
        • (1)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
        • (2)if the arrestee is admitted into the hospital, a mittimus is secured.
  • D.If the duty judge determines that there was not sufficient probable cause to justify detention past 48 hours:
    • a.the member assigned to present the matter before the duty judge will inform the watch operations lieutenant of the district of detention of the determination of the duty judge;
    • b.the watch operations lieutenant of the detention facility will ensure:
      • a.the arrestee is promptly released without charging; and
      • b.the Arrest Report and other supporting documentation indicates the duty judge’s determination.
V.Documentation
  • A.The watch operations lieutenant of the detention facility will ensure the utilization of the duty judge procedures are documented in the appropriate sections of the Arrest Report. 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 personnel pursuant to the duty judge procedures;
    • b.the name of the duty judge coordinator contacted and the time notified; and
    • c.the date, time, and 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 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: KC
Eddie T. Johnson
Superintendent of Police
17-057 MJC