ARRIL2OT9 CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL REVIEW OF THE CHICAGO ROLICE GANG AUDIT ouesm CLEAM Qumran-coon GANG AUDIT oussno Doploymont Oporatlon Deployment Operations Sum Gm Manuel -. Mn? . a?h . - - (Q. NUHHTID MANN .MAY nun-'n'vnn - - ?I?Vl?Inn? Ink? Lilith" I'm-h- RERORT OF THE PUBLIC SAFETY SECTION OF THE OFFICE OF INSRECTOR GENERAL APRIL 11, 2019 TO THE MAYOR, CHAIR OF THE COMMITTEE ON PUBLIC SAFETY, CITY COUNCIL, CITY CLERK, CITY TREASURER, AND RESIDENTS OF THE CITY OF CHICAGO: More specifically, gang information contains incomplete and contradictory data. OlC?s analysis of data from Ca ng Arrest Cards found numerous instances in which individuals are listed with blank or conflicting Identification Pecord numbers, birthdates, and other classifications. OIC identified records in which individuals had birth dates prior to l90l, and other records in which an individual?s age was listed as zero. Over 15,000 individuals designated as gang members by CPD had no specific gang membership listed and no reason provided for why the individual was listed as a gang member. Individuals designated as gang members are not notified of their designation and have no ability to appeal the designation. CPD does not regularly review, correct, or purge inaccurate gang information; those with inaccurate designations have no opportunity to clear their name and mitigate the impact of incorrect or outdated gang designations. Ultimately, gang designations are permanent and inescapable. Once designated, an individual is listed as a gang member in systems forever. Additionally, some entries in the ?gang database? raise serious concerns about how CPD officers perceive and treat the people with whom they interact. OIC found that CPD officers entered occupations for individuals on gang arrest cards that included and Such entries demonstrate lack of controls around its data entry practices and how such information systems can be employed to demean and dehumanize members of the public. CPD shares its ?gang database? information with over 500 external agencies, including immigration and criminaljustice agencies. CPD lacks sufficient control and oversight of external agencies? access and use ofthis information. This unchecked and widespread use?more than one million gang?related queries by external agencies in the past ten years?may contribute to a variety of negative consequences for individuals and communities. Furthermore, practices and lack oftransparency regarding its gang designations have strained police?community relations. Community members reported personal accounts to OIC in which their experiences of ?gang database??related strategies?including misidentification, harassment, obstacles to immigration, and racial profiling?furthered the historical divide between themselves and the police and contributed to inequities, especially in communities of color.2 Community members expressed concerns that the ?gang data base? serves as a mechanism for ?criminalizing people in certain neighborhoods.? Personal accounts of these experiences can be viewed on OlC?s website at 2 Thirteen of the City?s 77 community areas account for over 50% of Gang Arrest Cards produced. All l3 of these community areas are on the South and West Sides of Chicago. Austin, North Lawndale, Humboldt Park, and South Lawndale collectively account for approximately 24% of all Gang Arrest Cards produced. PAGE 2 To address these concerns, OIC provided 30 recommendations to encourage CPD to evaluate the utility oftracking gang designations for the Department?s violence reduction efforts and to immediately address the risks associated with collecting, maintaining, and sharing unverified and potentially damaging information. Key recommendations for CPD include: evaluating in partnership with stakeholders whether collecting, maintaining, sharing, and using gang information best serves violence reduction efforts in the City; 0 requiring evidentiary support for the assignment of gang designations; codifying processes for reviewing gang designations; notifying individuals that they have been designated as a gang member; 0 establishing processes for contesting or appealing one?s gang designation; 0 regularly reviewing gang designations to identify inaccurate or outdated designations; 0 developing a means to purge inaccurate or outdated information; establishing formal agreements with external agencies and regularly audit their use of gang information; and 0 providing regular public reports on collection, storage, use, and sharing ofgang?related data. In its response to this report, CPD agreed with findings, largely concurred with many of OlC?s recommendations, and partially concurred or disagreed with others. CPD acknowledged that its gang information policies, practices, and technology had impeded the Department?s ability to maintain updated and relevant information. In its response, the Department proposed the development of a new system to collect and store gang information, the Criminal Enterprise Database (CED). As proposed by the Department, the CED will be a single, unified system that ensures the inclusion of updated and vetted information, purging ofoutdated gang information, and a process for members ofthe public to ascertain and appeal their designation as a gang member or affiliate. CPD also indicated that the new system will incorporate regulations on sharing gang information with third parties. While the Department has signaled intentions to reform its gang?related technology and information practices, response and proposed measures diverge from OlC?s recommendations in several critical ways. First, CPD states that it has already conducted an internal evaluation, affirmed the utility of collecting gang information, and drafted policies for a new system. By doing so, CPD has missed an opportunity to collaborate and enhance the legitimacy of its reforms. OIC encourages CPD to partner with community stakeholders and to participate in a community?based stakeholder committee to reform its gang information practices. A more robust, proactive approach to community engagement will likely be necessary to overcome the level of mistrust and alienation that currently shapes the relationship between PAGE 3 police and communities. response also deviates from OlC?s recommendations with the proposal of an appeals process that involves several substantive barriers and no additional protections forjuveniles. As the City and the Chicago Police Department embark on a historic period of reform in the context of a consent decree, court monitor, and new administration, the recommendations ofthis report?along with the reforms to which CPD has committed?present an opportunity to diminish the division between police and the communities they serve. In Chicago, where unconstitutional policing has disproportionately impacted communities of color, the need for transparency and meaningful community input is all the more critical. Moreover, although the police currently play a role in keeping communities safe through enforcement strategies, every stakeholder OIC spoke to?including members of CPD?indicated that stopping violence requires more resources?such as violence prevention workers; equitable opportunities for education, employment, and housing; and access to mental healthcare resources. CPD, City Council, and the Mayor?s Office must undertake holistic and comprehensive actions to enhance violence reduction efforts and they must include community voices. OIC thanks CPD for its cooperation during this evaluation. We also extend our gratitude to the community members and organizations, local and national law enforcement officials, academics, auditing agencies, and criminal and civil rights attorneys who shared their perspectives for this review. Pespectfu ly, Maw Joseph Lipari Deputy Inspector General for Public Safety City ofChicago PAGE 4 REVIEW OF THE CHICAGO POLICE 20l9 TABLE OF CONTENTS I. EXECUTIVE SUMMARY 3 A. OVERVIEW OF FINDINGS 5 I. CPD lacks sufficient controls in generating, maintaining, and sharing gang? related data 5 2. gang information practices lack procedural fairness protections 5 3. Gang Arrest Cards raise significant data quality concerns 6 4. CPD's practices and lack oftransparency regarding its gang designations strain police?community relations 6 B. OVERVIEW OF KEY RECOMMENDATIONS 6 II. OBJECTIVES, SCOPE, AND METHODOLOGY 8 BACKGROUND TO A. STAKEHOLDER CONCERNS TO B. DEPARTMENT OFJUSTICE FINDINGS Tl C. LOCALACADEMIC STUDIES AND MEDIA Ii D. RECENT LITIGATION I2 E. LEGISLATIVE PROPOSALS I3 F. RECENT CPD STATEMENTS ON GANG INFORMATION 13 G. GANG INFORMATION l4 H. POTENTIAL COLLATERAL CONSEQUENCES OF GANG DESIGNATIONS 28 IV. DATA ANALYSIS 32 A. GANG ARREST CARDS 32 V. FINDINGS 44 A. CPD LACKS SUFFICIENT CONTROLS IN GENERATING, MAINTAINING, AND SHARING DATA 44 B. GANG INFORMATION PRACTICES LACK PROCEDURAL FAIRNESS PROTECTIONS 47 C. GANG ARREST CARDS RAISE SIGNIFICANT DATA QUALITY CONCERNS 48 D. PRACTICES AND LACK OF TRANSPARENCY REGARDING ITS GANG DESIGNATIONS STRAIN RELATIONS 49 VI. RECOMMENDATIONS 52 A. UTILITYANDALIGNMENT WITH VIOLENCE REDUCTION EFFORTS 52 B. CONTROLS AND PROCEDURAL FAIRNESS PROTECTIONS 54 C. POLICE LEGITIMACY AND COMMUNITY INVOLVEMENT 58 VII. DEPARTMENT RESPONSE 60 APPENDIX A: CPD BUREAUS AND DIVISIONS INVOLVED IN GANG DESIGNATION, TRACKING, AND ENFORCEMENT 61 IX. APPENDIX B: ADDITIONAL INFORMATION REGARDING POTENTIAL COLLATERAL CONSEQUENCES OF GANG DESIGNATIONS 64 X. APPENDIX C: GANG INFORMATION SYSTEMS DIAGRAM PROVIDED BY CPD 72 XI. APPENDIX D: DATA COLLECTION, REPORTING, AND VISUALIZATION POINTS 74 XII. APPENDIX E: LIST OF EXTERNAL AGENCIES WITH ACCESS PROVIDED BY CPD TOO APPENDIX F: APPLICATION FOR EXTERNAL AGENCY ACCESS TO CLEAR 114 XIV. APPENDIX G: GANG ARREST CARD ALLEGATIONS H6 PAGEI REVIEW OF THE CHICAGO POLICE 20l9 XV. APPENDIX H: GANG ARREST COUNTS BY COMMUNITY AREA (JANUARY I, I997, TH ROUGH NOVEMBER 7, 2018) 118 XVI. APPENDIX I: GLOSSARY 120 XVII. APPENDIX 3: RESPONSE LETTER 123 APPENDIX K: DRAFT GENERAL ORDER ISI ACRONYMS CCSAO Cook County State?s Attorney?s Office CED Criminal Enterprise Database CI Confidential Informant CLEAR Citizen and Law Enforcement Analysis and Reporting CPD Chicago Police Department CPS Chicago Public Schools DACA Deferred Action for Childhood Arrivals DOC Deployment Operations Center DOJ United States Department ofJustice FOIA Freedom of Information Act ICRA Illinois Civil Rights Act ICE Immigration and Customs Enforcement IDOC Illinois Department of Corrections ISP Illinois State Police ISR Investigatory Stop Report LEADS Law Enforcement Agencies Data System LRA Local Records Act OIG Office of Inspector General UIC University ofIllinois at Chicago PAGE 2 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APPILII, 20l9 I. EXECUTIVE SUMMARY The Public Safety Section ofthe City of Chicago?s Office of Inspector General (OIC) concluded a review ofthe Chicago Police Department?s gang?related data, commonly referred to by the public as the ?gang data base.?3 review found that while the Chicago Police Department (CPD or the ?Department?) deploys a host of strategies, tactics, and technology in relation to gangs, it does not have a unified, stand?alone ?gang data base? as publicly perceived. Instead, the Department collects and stores information on individual and geographic gang involvement through a multitude of internal data bases, forms, visualization tools, and repositories. CPD also receives gang?related data generated by external agencies. Therefore, any effort to address public concern over the purpose and practices associated with the Department?s collection and use ofgang information must begin with an accurate understanding ofthe various components and current technological limitations. To conduct this review, OIC examined policies on gangs; observed gang? related trainings at Training Academy; interviewed Department personnel across ranks and Bureaus regarding gang information; analyzed gang?related data in Arrest Reports; and examined external agencies? access to gang?related data. Further, OIC attended public forums with community members regarding gang designations; reviewed local, federal, and state statutes; reviewed policies regarding gang designations from otherjurisdictions; and spoke with local and national law enforcement, community?based, research, criminaljustice, legal, and auditing agencies regarding gang designations. CPD designates both individuals and geographic areas as gang?involved. Individual gang designations can be based on factors such as being in the presence of others designated as gang members, pictures ofthe individual displaying perceived gang signals on social media, and/or the individual stating to CPD that they are a gang member. Area gang designations can be based on factors such as the number of individuals designated as gang members living in an area, and/or graffiti in the area. OIC found that CPD has captured, reported, and visualized gang?related data in at least 18 different forms, records, and systems of records in the past IO years, although CPD was not able to definitively account for all such information in its possession and control. According to CPD, it shares gang information with over 500 external agencies, including education, immigration, and criminaljustice agencies. These designations may contribute to a variety of adverse consequences for individuals and 3 OIC uses the terms ?gang designation,? ?gang information,? and ?gang?related data? instead of ?gang data base? because CPD does not have a single, unified database where such information resides. For the purposes ofthis report, ?gang designation? means the labeling ofan individual or area as gang?involved. ?Gang information? or ?gang?related data? indicate gang designations documented by CPD in Department forms and systems this information can also appear in various Department reports and visualization tools. PAGE 3 APPHJ12OB communities in, among others, law enforcement, criminaljustice, immigration, and employment contexts. OIC focused its analysis on gang designations appearing in CPD Ca ng Arrest Cards, which are completed for individuals who an arresting officer believes is a gang member. 016 did so because these data relate to individuals whose identities are most reliably verifiable as compared to numerous other CPD records containing gang information. OlC?s analysis of Cang Arrest Card data found that Black, African American, and Latinx persons comprise 95% ofthe134,242 individuals designated as gang members during arrest, and are designated at both younger and older ages as well as issued more Gang Arrest Cards per person than White gang designees. OlC?s analysis further revealed that 11.3% of individuals designated as gang members during arrest (15,174 people) have no specific gang listed for which they are a member and 11.7% (15,648 people) have never had a reason listed for their gang designations. OlC?s review found that: 1) CPD lacks sufficient controls for generating, maintaining, and sharing gang?related data; 2) gang information practices lacl< procedural fairness protections; 3) gang designations raise significant data quality concerns; and 4) practices and lack oftransparency regarding its gang designations strain police?community relations. As a result ofthe insufficient controls, lack of procedural fairness protections, data quality concerns, and impact on police?community relations, CPD: 0 Cannot confirm that all of its gang designations are accurate and up?to? date; 0 Cannot ensure that CPD members designate individuals as gang members with sufficient, reliable evidence corroborating actual gang involvement; 0 Maintains gang information for long periods oftime despite state records retention laws that allow such information to be destroyed and Department policies requiring this destruction; 0 May not be able to produce all relevant gang?related documentation as may be legally required in response to Freedom of Information Act (FOIA) requests and during litigation; 0 Lacks sufficient control over external agency access and has limited capacities to monitor the use of its gang information by external agencies and hold them accountable; and 0 May not be able to ensure that all gang?related data collection tools serve a legitimate law enforcement purpose and are used appropriately, among other effects. PACE4 A. OVERVIEW OF FINDINGS l. CPD lacks sufficient controls in generating, maintaining, and sharing gang?related data In generating gang?related data, CPD lacks sufficient training, criteria, evidence, supervisory review, and internal mechanisms to mitigate, identify, and address inaccurate information. With respect to maintaining gang?related data, the Department was unable to provide OIC with a complete list or comprehensive accounting of all the various forms, records or systems of records in which gang information could be and has been recorded, reported, and visualized in the last 10 years. review further revealed that Department members were unaware of certain records retention requirements, and that CPD may be out of compliance with its own policies regarding record retention. In relation to sharing gang?related data, CPD has no agreements with external agencies beyond the initial application for access to one of data systems, Citizen and Law Enforcement Analysis and Reporting (CLEAP), which only provides broadly that the information be used for ?law enforcement purposes.? Further, analysis of external agencies with access to gang information revealed external agencies with access CPD did not disclose to OIC, and the Department was unable to explain why the list it provided to OIC was incomplete. 2. gang information practices lack procedural fairness protections The Department does not inform individuals that they have been designated as a gang member; does not have processes for individuals to contest or appeal gang designations; does not have processes to regularly review or purge outdated or faulty designations; and has no internal mechanism to amend inaccurate gang information. CPD has no minimum age for designating individuals as gang members, and there is no exit or end time for individuals designated as gang members by CPD. review found that the youngest person designated as a gang member on a Gang Arrest Card was designated at the age of 9 and has remained designated for l9 years. Another person was first designated as a gang member at the age of 75 and has remained designated for lO years. The coupling of a lack of controls with the absence of procedural fairness protections inhibits the Department?s ability to assure the accuracy of its information, and potentially undermines public confidence in the Department?s legitimacy and effectiveness in the service of its public safety mission. PAGES APRHJI2OB 3. Gang Arrest Cards raise significant data quality concerns According to CPD, the Department?s most verified gang?related data is captured in Gang Arrest Cards. However, analysis of data from this source found numerous instances in which individuals are listed with blank or conflicting Identification Pecord (IP) numbers, birthdates, and other classifications. For example, OIC found 90 records in which an individual had a birth date prior to I901, and another 80 records in which an individual?s age was listed as zero. 4. practices and lack oftransparency regarding its gang designations strain police?community relations In interviews and at public forums, OIC heard from Chicago community members who expressed fear and uncertainty about the criteria, use, structure, and purpose of the ?gang data base.? During the review, community members also reported personal accounts to OIC in which their experiences of ?gang database??related strategies?including misidentification, harassment, obstacles to immigration relief, and racial profiling?furthered the divide between themselves and the police. Based on the accounts and testimonies provided to OIC, it is apparent that the lack of transparency around ?gang data base,? coupled with community experiences of ?gang data base??related strategies, strain police?community relations. B. OVERVIEW OF KEY RECOMMENDATIONS Based on insufficient controls, absent procedural fairness protections, data quality concerns, and the impact on police?community relations, CPD should underta IOmjo PEVIEW OF THE CHICAGO POLICE APPILTI, 2OT9 SCHAUIVIBUPG SCHEPEPVILLE POLICE DEPT. SCHILLEP PAPK SENECA POLICE DEPAPTIVIENT SKOKIE SLEEPY HOLLOW POLICE DEPT. SOUTH BAPPINGTON SOUTH BELOIT POLICE DEPT. SOUTH BEND POLICE DEPT. SOUTH CHICAGO HEIGHTS SOUTH ELGIN POLICE DEPT. SOUTH HOLLAND SOUTH SUBUPBAN COLLEGE SPPING GPOVE POLICE DEPT. SPPING VALLEY POLICE DEPT. SPPINGEIELD POLICE DEPARTMENT SSA OFFICE OF INVESTIGATIONS ST. CHAPLES POLICE DEPAPTIVIENT STJOHN POLICE DEPT. ST. PAUL POLICE DEPT. STAPK COUNTY SHEPIEE OEEICE STAPKE COUNTY PPOBATION INDIANA STATE OF ILLINOIS STEGEP STEPLING POLICE DEPT. STICKNEY STONE PAPK STPEAIVIWOOD STPOGEP HOSPITAL PD SUGAP GPOVE POLICE DEPARTMENT SULLIVAN POLICE DEPAPTMENT SUMMIT SUN PPAIPIE POLICE DEPAPTIVIENT SYCAIVIOPE POLICE DEPAPTIVIENT TAZEWELL COU NTY STATES THOPNTON TINLEY PAPK TIPPECANOE COUNTY PPOSECUTOP TOWEP LAKES PD TPITON COLLEGE POLICE DEPT. UNION PACIEIC PP UNITED POAD TOWING PAGE TTI ORGANIZATION AGENCV ACCESS CODE NAME STATUS IAOC UNIVERSITV OF CHICAGO PD CABS UNIVERSITV OF ILLINOIS IAOC UNIVERSITV OF URBANA CABS UNIVERSITV PARK IAOC URBANA POLICE DEPARTMENT FED US ATTORNEV OFFICE AOILL US ATTV OFFICE, NORTH DIST. IND FED US IMMIGRATION FED US COAST GUARD FED US CUSTOMS AND BORDER CHICAGO IAOC US DEPARTMENT OF LABOR I.G FED US DEPT FED US DEPT OF EDUCATION INSPECTOR GEN FED US DEPT OF HEALTH AND HUMAN SERVICES OIG FED US DEPT OFVETERAN CABS US DVA HINES HOSPITAL CABS US DVA MED CENTER FED US FDA OFFICE OF CRIMINAL INVESTIGATIONS FED US FEDERAL AIR MARSHALL SERV. IAOC US FEDERAL PROTECTIVE SERVICES FED US GENERAL SERVICES ADMIN AOILL US MARSHALL TASK FORCE HAMMOND FED US MARSHALS OFFICE CHICAGO IAOC US NAVV GREAT LAKES POLICE FED US OFFICE PERSONNEL MANAGEMENT FIS FED US POSTAL INSPECTION SERVICE IAOC US POSTAL SERVICES IG OFFICE FED US PRETRIAL SERVICES OFFICE AOILL US PROBATION (EAST WISCONSIN) FED US PROBATION (NORTHERN DIST) FED US PROBATION NORTHERN INDIANA FED US RR. BOARD INSP. GEN FED US SECRET SERVICE CHICAGO FED US SECRET SERVICE MILWAUKEE FED US STATE DIG. SER AOILL US TREASURV ADMIN FED USD DRO AOILL VALPARAISO POLICE DEPARTMENT IAOC VERMILION COUNTV STATES ATTV IAOC VERNON HILLS POLICE DEPT IAOC VILLA PARK POLICE DEPARTMENT CABS VVARRENVILLE PAGEHZ WASHINGTON POLICE DEPARTMENT WAUCON DA POLICE DEPARTMENT WAUKECAN POLICE DEPARTMENT WAUWATOSA POLICE DEPARTMENT WAYNE POLICE DEPARTMENT WEST CHICACO POLICE DEPT WEST DUNDEE POLICE DEPT. WEST LAFAYETTE POLICE DEPT. WESTCHESTER WESTERN ILLINOIS UNIV. POLICE WESTERN SPRINCS WESTMONT WH EATON POLICE DEPARTMENT WHEELINC WHITESIDE COUNTY COURT SERVICE WHITESIDE COUNTY SHERIFF WH ITESI DE COU NTY STATE ATTY WILL COUNTY CIRCUIT CLERK WILL COUNTY COURT SERVICES WILL COUNTYJUVENILE PROBATION WILL COUNTY SHERIFF OFFICE WI LL COU NTY STATE ATTY WILLOW SPRINCS WILLOWBROOK POLICE DEPARTMENT WILMETTE WINFIELD POLICE DEPARTMENT WINNEBACO COUNTY SHERIFF WINNETKA WINTHROP HARBOR POLICE DEPT WISCONSIN DIV. OF CRIM INVEST WOOD DALE POLICE DEPARTMENT WOODRIDCE POLICE DEPARTMENT WORTH ZION POLICE DEPARTMENT PACEHS PEVIEW OF THE CHICAGO POLICE APPILII, 2OI9 APPENDIX F: APPLICATION FOR EXTERNAL AGENCY ACCESS TO CLEAR Security Requirements for Accessing Information from CLEAR - Citizens and Law Enforcement Analysis and Reporting As the Chief Executive of I affirm that all members of the agency for whom I have assigned authority to enter and access data electronically from the CLEAR system managed by the Chicago Police Department will abide by the security requirements as delineated herewith by the Chicago Police Department in this document and in any written successor security requirement document disseminated by the Chicago Police Department. I do so for the purpose of gaining access to the data stored in the CLEAR system and that other information which the Chicago Police Department has voluntarily made available to criminal justice agencies over its extra net- All inquiries must be for criminal justice purposes only.A users of CLEAR in my agency will be informed that each inquiry made of CLEAR is tracked to the logon identification number of the requestor. Audits will be conducted to review usage by agencies and individuals auth orized to make such inquiries. The following security requirements are mandatory for all agencies and persons accessing information from CLEAR: 1. Users must be full time criminal justice agency employees or certified as police officers in the State of their employment of the participating police department! criminal justice agency. 2. Users must have no history of felony convictions; participatin local criminal justice agencies in Illinois must submit a State of Illinois Identification Number for each user as evidence that a criminal history background check was previously conducted for an employee. Dutside of Illinois each CLEAR user must be uniquely identified. (Note: Mostly, this unique identifier isthat member's CJIS systems logon 10-] a. All agencies must provide demographic data and pertinent numeric identifiers for personnel identified by their respective agency to the Chicago Police Department efore accessto CLEAR will be aut orized- 4. The Chicago Police Department will assign each user a logon identifier to access CLEAR. 5. All users of the CLEAR programs must create an individualized password when they first logon using the new logon identifier. E-. Passwords should be changed regularly. In Chicago Police Department. ZCILE -5. II4 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 20l9 Note: Users can change their passwords without the assistance of the CPD Help Desk by going through the CLEAR Portal. Participating agencies will not maintain a listing of their me mbe rs' passwords. Ei. Passwords are confidential and known only to the user. 9. CLEAR passwords may be re-set by eitherthe local agency CLEAR Administrators or the Chicago Police Department's Help Desk at 312-?45-5083. Note: Members seeking to re-activate their password will be required to positively answer a set of prescribed questions for which the answers have previously been recorded at the Help Desk. Participating agencies may be required to validate their agencies' rosters of employees who have CLEAR logon identification numbers on demand in the manner prescribed by the Chicago Police Department. 11. Participating agencies will immediately de-activate the logon Ids of all members of their respective agency who have been suspended, are retired, on extended leave of absence, or otherwise no longer an active employee in good standing; this will be done by one of the agency's CLEAR Administrators. 12. Any suspected or documented misuse of CLEAR information discovered or reported to a participating agency must be reported by that participating agency chief to the Chicago Police Department's Director of Information Services Division at 312-115- 5033 during normal business hours. Members whose passwords are suspected to have been compromised will change their passwords. 13. Any misuse of the information accessed from the CLEAR should be considered a disciplinary infraction by that participating agency and be addressed in such a manner by that agency. 14. Any documented misuse of information obtained from CLEAR or failure to abide by the security rules established by the Chicago Police Department may result in termination ofthe participating agency's access by the CPD- ls. Each participating agency will identify two members of their agency to function as CLEAR Administrators. At the direction of the chief of the subject agency CLEAR Administrator will be authorized to create, de-activate and modify CLEAR user information for members of that agency. Acce pted by: Title: Agency: Date: Chicago Police Department. 21315 .5. PACE IIS REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 20l9 XIV. APPENDIX C: GANG ARREST CARD ALLEC-ATIONS Arrest charges predominately fall within three large groups: felonies, misdemeanors, and petty offenses/ordinance violations. Felony charges are based on serious or violent crime and are further divided according to the statutory severity ofthe crime. From least to most severe, felonies are classified as Class 4 (punishable by up to 3? years of imprisonment), Class 3 (punishable by up to 5?yea rs of imprisonment), Class 2 (punishable by up to 7?years of imprisonment), ClassI (punishable by up to TS?yea rs of imprisonment), Class (punishable by up to 30?years of imprisonment), or Class (punishable by up to 60?years of imprisonment).206 Crimes such as aggravated unlawful use ofa weapon and possession of less than one gram of a controlled substance like cocaine or heroin are examples of Class 4 felonies. Class 3 felonies include different types of aggravated batteries such as those occurring on the public way or based on the status ofthe victim. Burglary, possession of a stolen motor vehicle, and robbery are examples of Class 2 felonies. ClassT felonies include crimes such as aggravated discharge of a firearm, residential burglary, and aggravated robbery. Class felonies are very serious and violent crimes such as armed robbery, aggravated vehicular hijacking, aggravated battery with a firearm, and aggravated criminal sexual assault. Finally, Class felonies are reserved for murders. The spectrum of felony classifications generally follows the level of severity or violence exhibited in a crime. Misdemeanors are generally low?level crimes and are not as serious, either in nature or impact, as felonies. Misdemeanors are classified, from least to most severe, as Class (punishable by not more than 30?days of imprisonment), Class (punishable by not more than 6?months of imprisonment), and Class A (punishable by less than T?year of imprisonment). Until recently, possession ofsmall amounts of cannabis were classified as misdemeanors. Possession of less than 2.5 grams was a Class misdemeanor, more than 2.5 grams but less than TO grams was a Class misdemeanor, and TO to 30 grams was a Class A misdemeanor. On July 26, 2OT6, changes to the Illinois Cannabis Control Act took effect which turned possession of less than IO grams of cannabis into a civil law violation punishable by a fine.207 Some misdemeanors do not have a named victim but are based on the general welfare ofthe public. In Arrest Reports, the State of Illinois is usually listed as the victim. These types of misdemeanors under Class A include minor drug?related charges as well as reckless conduct, disorderly conduct, gambling on the street, and streetgang contact by a parolee. 206 The sentencing guidelines are taken from the Illinois Uniform Code of Corrections found at 730 ILCS 5/5?45?5, et. seq. The possible sentence durations described above are general guidelines and do not encompass enhanced or extended sentencing options, 207 See 720 ILCS 550, et. seq. PAGE Il6 Lastly, petty offenses and ordinance violations are the least serious group of charges. Generally, an arrestee will be fined if found in violation of a petty offense or ordinance provision. In Chicago, the local ordinances are found in the Municipal Code ofChicago (MCC). Examples ofa local ordinance violation include drinking on the public way (MCC 8?4?30) and narcotics related loitering (MCC 8?4?Ol7). It is important to note that the charges listed on an Arrest Report and used in the data analysis are charges that CPD determined to be the most appropriate. It is ultimately the responsibility ofthose in the CCSAO to determine the charges to prosecute. This analysis does not examine the charging decisions ofthe CCSAO or the outcomes of any prosecutions stemming from an arrest. PAGEH7 REVIEW OF THE CHICAGO POLICE APRIL11, 2019 XV. APPENDIX H: GANG ARREST COUNTS BY COMMUNITY AREA (JANUARY 1, 1997, THROUGH NOVEMBER 7, 2018) Arrest Community Area Number of Records of Total 25 AUSTIN 46,093 8.81% COMMUNITY AREA UNKNOWN208 38,714 7.40% 29 NORTH LAWN DALE 29,226 5.59% 23 MBOLDT PARK 28,481 5.44% 30 SOUTH LAWN DALE 21,587 4.13% 67 WEST ENGLEWOOD 18,522 3.54% 61 NEW CITY 18,433 3.52% 68 ENGLEWOOD 16,195 3.10% 66 CHICAGO LAWN 16,181 3.09% 27 EAST GARFIELD PARK 15,776 3.02% 26 WEST GARFIELD PARK 15,574 2.98% 71 AUBURN GRESHAM 13,375 2.56% 43 SOUTH SHORE 12,757 2.44% 49 ROSELAN 12,289 2.35% 24 WEST TOWN 11,187 2.14% 46 SOUTH CHICAGO 10,506 2.01% 69 GREATER GRAND CROSSING 10,488 2.01% 28 NEAR WEST SIDE 9,619 1.84% 31 LOWER WEST SIDE 9,527 1.82% 19? BELMONT CRAGIN 9,007 1.72% 42 WOODLAWN 8,437 1.61% 22 LOGAN SQUARE 8,153 1.56% 8 NEAR NORTH SIDE 7,650 1.46% 3 PTOWN 7,524 1.44% 1 ROGERS PARK 7,482 1.43% 53 WEST PU LLMAN 7,132 1.36% 44? CHATHAM 7,108 1.36% 63 GAGE PARK 6,914 1.32% 58 BRIGHTON PARK 6,330 1.21% 38 GRAND BOULEVARD 5,302 1.01% 40 WASHINGTON PARK 5,275 1.01% 73 WASHINGTON EIGHTS 4,842 0.93% 14 ALBANY PARK 4,262 0.81% 20 ERMOSA 4,197 0.80% 35 DOUGLAS 3,947 0.75% 208 There were 38,714 records where the Community Area of arrest could not be determined, approximately 7.4% of the total number of records. These records were excluded from the map in the analysis, For the demographic portion ofthe analysis these records were classified as ?Community Area Unknown.? PAGE 118 2 WEST RIDGE 3,349 2I AVON DALE 3,327 I5 RORTAGE RARK 3,097 5I SOUTH DEERING 3,045 37 EU LLER RARK 2,977 77 EDGEWATER 2,956 I6 IRVING RARK 52 EAST SI DE 75 MORGAN RARK 2,639 2,499 6 LAKE VIEW 4 LINCOLN SQUARE 2,209 60? BRIDGERORT RIDGE 32? LOOR 2,036 65 WEST LAWN 2,008 50 RU LLMAN I836 59 MCKINLEY RARK 62 WEST ELSDON I388 48 CALUMET HEIGHTS I325 54? RIVERDALE 5 NORTH CENTER I276 64? CLEARING I245 39? KENWOOD I205 33? NEAR SOUTH SIDE 45 AVALON RARK 7 LINCOLN RARK 34 ARMOUR SQUARE 950 HEIGHTS 886 4I HYDE RARK 845 47? BURNSIDE 8I3 735 36? OAKLAND 624 II RARK 572 I3 NORTH RARK 543 55? HEGEWISCH 520 72 BEVERLY 364 MONTCLARE 358 76? OHARE 350 I0 NORWOOD RARK 267 74? MOUNT GREENWOOD I65 EOREST GLEN I28 9 EDISON RARK 27 RAGEH9 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 20l9 XVI. APPENDIX I: GLOSSARY APPEAL: A process by which an individual designated as a gang member can contest this designation. CABOODLE: A map?based data visualization tool that allows users to look up gang boundaries and gang?identified individuals. CALOANO DATABASE: A relational intelligence database used in California that houses data on members of criminal street gangs, descriptions, tattoos, criminal associates, locations, vehicles, field interviews, criminal histories, and activities. CITIZEN AND LAW ENFORCEMENT ANALYSIS AND REPORTING (CLEAR): One of data bases for entering, storing, and visualizing information. CONTACT CARDS: Predecessor of the Investigatory Stop Reports. Contact Cards were used to document Investigatory Stops as well as enforcement ofthe Gang and Narcotics?Related Loitering Ordinances. CANO DATABASE: Popular terminology for the multitude of data bases, forms, visualization tools, and repositories for gang?related data. FREEDOM OF INFORMATION ACT (FOIA): A law that provides the public with the right to request access to records from government agencies. FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. Real or perceived relationship to, or holding membership in, a gang. INFORMATION: Information created, shared, or received by CPD including gang designations. CANO ARREST CARD: A form that is a module ofthe Arrest Report completed through the Automated Cang Arrest Card application. The form is completed when an officer believes that an arrestee is in a gang and is used to indicate an arrestee?s gang designation. CANC DESIONATIONS: An individual?s membership in a gang as recorded by law enforcement agencies. I20 HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA): A program that supports multiagency activities ranging from enforcement initiatives involving investigation, interdiction, and prosecution, to drug use prevention and treatment initiatives. HUMAN RESOURCES BOARD: A three?member board appointed by the Mayor that is charged with the responsibility of conducting hearings and rendering decisions in instances of alleged misconduct by career service employees. The Board also presides over appeal hearings concerning disciplinary action taken against employees by individual City departments and eligibility hearings for police officer candidates. ILLINOIS CIVIL RIGHTS ACT OF 2003: An act that prohibits governmental policies that have a disparate impact against a racial group, regardless of intent, and allows aggrieved parties to challenge such policies in state or federal court. ILLINOIS CRIMINAL IDENTIFICATION ACT: An act from Section 5.2 of the Criminal Identification Act (20 ILCS 2630/52) that allows qualifying arrests, supervision and probation to be expunged. ILLINOIS STREETGANG TERRORISM OMNIBUS RREVENTION ACT (740 ILCS I47): An act established in I993 which creates a civil remedy against streetgangs and their members that focuses upon patterns of criminal gang activity and upon the organized nature of streetgangs. ILLINOIS UNIFIED CODE OF CORRECTIONS (730 ILCS A state statute that establishes and grants powers to Illinois? Department of Corrections and the Department of Juvenile Justice, allowing for a range of sanctions to be assigned proportionate to the seriousness of a criminal offense and in recognition of an individual?s possibility for rehabilitation. INVESTIGATORY STOR: The temporary detention and questioning of a person in the vicinity of where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. INVESTIGATORY STOR RERORT (ISR): A document officers complete when they conduct an investigatory stop. LAW ENFORCEMENT AGENCIES DATA SYSTEM: A statewide, computerized, telecommunications system, maintained by the Illinois State Rolice, designed to provide the Illinois criminal justice community with access to computerized justice? related information at both the state and national level. PAGEIZ REVIEW OE CHICAGO ROLICE ARRILII, ZOI9 LOCAL RECORDS ACT (50 ILCS 205): An act that regulates the preservation or disposal ofthe public records ofall units of local government in Illinois. LOCAL RECORDS COMMISSION: An agency that oversees how long local government agencies must retain each type of form they produce, and also gives permission for the destruction of agency records. NOTIFYINC: A process for alerting the individual that they have been designated as a gang member. RU RCINO: A regular process for deleting certain gang designations completed within a given timeframe. REMOVINC: A process by which an individual who has successfully appealed their gang designation may have that designation deleted from information systems. RETENTION SCHEDULE: A policy that defines how long records must be kept and provides disposal guidelines for how records should be discarded. REVIEWING: A regular process, completed within a given timeframe, examining gang designations for their continued accuracy and retention. RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT (RICO): A United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. I22 PEVIEW OF THE CHICAGO POLICE 20l9 XVII. APPENDIX J: RESPONSE LETTER Rahm Emanuel Department of Police - City of Chicago Eddie Johnson Mayor 3510 S. Michigan Avenue - Chicago, Illinois 60653 Superintendent of? Police April 5, 2019 VIA ELECTRONIC MAIL Mr. Joseph Lipari Deputy Inspector General Public Safety Section City of Chicago Office of Inspector General 740 N. Sedgwick, Suite 200 Chicago, Illinois 60654 i I ipariga),i gchicagoorg Re: CPD ?5 Response to City of Chicago O?ice of Inspector Generals Review of the Chicago Police Department's "Gang Database Dear Deputy Inspector General Lipari: Please see below the Chicago Police Department's response to the City of Chicago Of?ce of Inspector General's Review of the Chicago Police Department's "Gang Database". I. Summagy Response: The Chicago Police Department is currently in the process of historic reform and . transformation. At the core of strategic plan, Department members are focused upon improving public safety with proactive, focused crime-?ghting strategies while building community trust and strengthening relationships within the City of Chicago. To this end, CPD's comprehensive plan includes and requires a Department-wide modernization of its technological capabilities and intelligence gathering methods. A critical part of this effort includes an overhaul of the manner in which CPD officers collect and manage gang information and intelligence. It goes without saying that criminal street gangs in Chicago pose a real, substantial, and ongoing threat of violence to our great City. Chicago continues to experience unrelenting and sometimes unSpeakable crimes in furtherance of criminal street gang activity. The ability to understand how these criminal networks operate, organize, and potentially con?ict with one another is essential to reduce violent crime, and enhance the safety and awareness of our of?cers working every day in the street. Given the unique gang violence issues that have existed and evolved for generations in Chicago, maintaining gang information and intelligence is a vital part of CPD's anti-violence efforts. Put simply, the use of gang information within CPD is as diverse as the various Bureaus, Divisions, and Units that make up the Department. Emergency and TTY: 9-l-l Non Emergency and TTY: (within city limits) 3-1-1 Non Emergency and TTY: [outside city limits) (312) 746-6000 E-mail: police@city0fchicago.org - Website: PAC l23 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 To demonstrate some of the more traditional examples, district command staff consider a shooting victim's gang membership or af?liation to effectively allocate resources and help prevent further retaliation. Gang boundaries and territories are analyzed to help identify and explain crime patterns in a speci?c area or by a speci?c group of perpetrators. Detectives use gang membership and af?liation to analyze social networks and seek out potential suspects, witnesses, or informants who may have material information in criminal investigations. Narcotics enforcement teams utilize gang intelligence to understand criminal hierarchies while investigating drug conspiracies. Law enforcement partners use gang information to build long-term investigations against criminal enterprises under state and federal Racketeer In?uenced and Corrupt Organizations (RICO) statutes. At Area Gang Strategy Meetings and District Shooting Reviews, gang membership or af?liation is pertinent for law enforcement to identify the correct preventative action following a speci?c pattern of gun violence. CPD also uses gang information to assist with non-enforcement violence reduction initiatives. In the past, District Commanders and accompanying service providers have taken potential gang ties or allegiances into consideration when offering social services, employment, or educational opportunities to gang-involved persons at high risk of being the victim in a violent crime. Of?cers use gang information to appropriately allocate resources and prevent violence at a funeral or memorial service for a known gang leader. These examples are not exhaustive, but provide a sample of the many anti-violence efforts within CPD where gang information is incredibly useful, if not essential. Now more than a year ago - and prior to when the Of?ce of the Inspector General began its formal audit and review - CPD initiated an internal examination into the policies and practices governing the collection and management of gang information. In conjunction with this process, CPD also looked for guidance from other law enforcement agencies, and researched laws and regulations in jurisdictions throughout the country. With this background, the Department began to craft an updated policy that incorporates national best practices while also re?ecting the unique gang culture that has been at the fore front of violence in Chicago for decades. CPD's internal review and research revealed many of the same ?ndings of the OIG's audit, discussed in turn in greater detail below. In sum, for many years, CPD built separate data systems and silos of gang information on top of each other. The varying structure of these systems impeded CPD's ability to keep the most updated and relevant gang information readily available to the police of?cers that protect and serve Chicago's communities. Following its internal review, CPD sought to establish a gang management system that would accomplish two primary goals: (1) create a comprehensive, updated, and accurate gang intelligence tool that will improve public safety, of?cer safety, and investigations into criminal street gangs, and (2) ensure that the interests of the public are respected, with a clear and transparent process for both the inclusion and removal of gang information contained in the system. With these goals in mind, proposed gang intelligence system now known as the Criminal Enterprise Database is governed under the following primary areas: - A comprehensive, single gang intelligence system with clear standards for of?cers to use in determining gang membership or af?liation; - Required and ongoing refresher training for all Department members to access and use the system; - Review from supervisors and gang intelligence of?cers to ensure accurate and properly supported information is entered into the system; ZlPugc l24 REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 - Ongoing audits to ensure updated and accurate intelligence with input from gang investigations experts, including an automatic purge of stagnant gang information; - A process for members of the general public to discover whether they are determined to be a gang member or af?liate, and the opportunity to appeal that determination; - Limitations on sharing of gang information with third parties for employment, education, licensing, housing purposes As discussed in Section 11, these proposed policy changes to CPD's gang information collection and management address many of the ?ndings and recommendations laid out in the OIG report. CPD continues to welcome constructive feedback into its updated internal policy. Like past policy initiatives that have garnered substantial public interest, the Department will open up the Criminal Enterprise Database policy for a public comment period prior to issuance, and incorporate input from community members that will help further our shared goal of a safer Chicago. Overall, the Department concurs with the 01G that CPD policies, practices, and technology systems must improve to ensure that accurate gang information is provided to officers to support their day-to-day functions and further reduce gang violence. II. OIG Recommendations and Response: The OIG provides 30 total recommendations broken up into ?ve major categories (1) Utility and Alignment with Violence Reduction Strategies, (2) Controls and Procedural Fairness Protections, (3) Police Legitimacy Community Involvement, and (4) Transparency. The ?fth category makes recommendations outside of CPD directly to the City of Chicago. Of the 27 recommendations that apply to CPD, the Department agrees with the vast majority of the recommendations, most of which are already laid out in draft directive. Relevant portions of Criminal Enterprise Database draft directive are cited in the responses set forth below, and the entire proposed policy is attached to this response. CPD intends to disseminate this draft for public comment before ?nalizing and instituting the new policy. A. Utility and Alignment with Violence Reduction Efforts (Recommendations 1-6) On the whole, the first six recommendations contained in the OIG's report call for a deeper analysis of how gang information is utilized within the Department. Over the past year, CPD has conducted a series of internal meetings to discuss how gang information is currently used, and how these processes could be streamlined and enhanced. CPD's leadership has uniformly and unequivocally determined that the collection of gang data is essential to further its operations. While many of targeted efforts against violent actors are undertaken irrespective of a person or group's gang af?liation, the collection of gang information serves as a critical component in many of these operations. Recommendation Conduct a formal and publicly reported evaluation of whether collecting gang information services violence reduction efforts. CPD Response CPD partially concurs with Recommendation #1 as it pertains to an internal evaluation of CPD's utility for collecting gang information. CPD does not concur that a public evaluation is necessary, and further asserts that such an evaluation could put 3 Page PAC l25 REVIEW OE CHICAGO POLICE DEPARTMENTS 2019 certain gang crime strategies or information at risk and negatively impact the public and officer safety. Since beginning its own internal review of gang information collection and management, CPD has met regularly and deliberated among command staff leadership and specialized units to discuss the utility of gang intelligence in furtherance of operational strategies. During this process, CPD identified several operations where gang information is essential to its operations, particularly for violent and gun crime suppression efforts. internal review included leadership from the Bureau of the Patrol, the Bureau of Organized Crime which includes the Gang Investigations and Narcotics Divisions, the Deployment Operations Section, Research and Development Division, and the Information Services Division. As discussed above, CPD leadership unanimously and unequivocally agreed that gang information was necessary to carry out the various functions of the Department represented at these internal meetings. CPD does not believe that an additional public evaluation would render a different result. Additionally, making such an internal evaluation public could result in dissemination of sensitive gang intelligence and potentially undermine the effectiveness of ongoing anti-violence strategies throughout the Department; CPD has participated in various policy discussions and internal reforms that are of substantial public interest over the past several years. Consistent with these prior efforts, the Chicago Police Department does plan to submit its draft directive for public comment, and will include community feedback before ?nal issuance of the Criminal Enterprise Database policy. As part of its ongoing efforts to grow community partnerships and public trust, CPD will notify its stakeholder partners throughout the City about the public comment period to encourage meaningful participation and feedback. Additionally, CPD plans to engage City Council members on the details of its draft policy to receive their input before ?nal issuance of the policy. Recommendation 2: Ensure policing resources are focused on violent actors instead of all individuals designated as gang members. CPD Response CPD concurs with Recommendation The Department already focuses its policing resources on violent actors irrespective of whether or not they are designated as gang members. CPD does have multiple targeted, person-based efforts that focus on violent actors, regardless of gang af?liation or status. Under these initiatives, the person's gang membership may be relevant depending on the type of targeted endeavor. As discussed previously, gang membership or af?liation may be merely supplemental and material to a particular program or effort, but not the sole driving factor into the investigation. Some common examples include Area Gang Strategy Meetings and District "Shooting Reviews," which are CPD-led and person-focused initiatives that examine recent shooting patterns alongside local and federal law enforcement partners, and generate an action plan that will help apprehend shooters and prevent new shooting victims. See Special Order 0-0 7: Area Gang Strategy Meetings. During Area Gang Strategy Meetings and District Shooting Reviews, speci?c drivers of violence are identified. Gang information may be taken into account, but is not necessarily required to become a person of interest for the working group. Additionally, as part of the Strategic Decision Support Centers, command staff run daily brie?ngs that focus attention on violent actors irrespective of whether they are designated as gang members. After analyzing 4 Page I26 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 crime trends and potential con?icts, patrol of?cers are provided information about speci?c crime patterns and known suspects within the district. See Special Order $03-19: Strategic Decision Support Centers. CPD also participates in several multi-jurisdictional task forces that focus on speci?c violent crime patterns, and those criminal actors behind the violence. Finally, multiple specialized units are participating in long-term investigations into violent criminals every day within CPD's Bureau of Organized Crime. CPD also has place-based anti-violence initiatives, where based upon historical crime data and analysis of violent crime patterns, CPD will deploy additional resources to high crime "hot spots" or areas where violence is anticipated to occur. Some examples include use of crime analysis trends to inform the deployment of district patrol of?cers as part of the Strategic Decision Support Center technology suite, or weekend Strategic Anti-Violence Missions in coordination with District and Area patrol in high crime areas. Recommendation 3: Consider other mechanisms for preserving officer safety, such as identifying individuals with a history of weapons or violent crime. CPD Response CPD concurs with Recommendation The Department has such mechanisms in place through current policies and violent offender registries. This recommendation is also already addressed in CPD's current policy directives, as well as local and state law. As discussed in Recommendation Special Order $10-07: Area Gang Strategy Meetings includes a component that identi?es persons of interest who are driving violence in a particular District or Area. Law enforcement stakeholders consider the person's criminal history, including violence, weapons offenses, and narcotics activity within the past ?ve years, as well as other relevant intelligence to determine a person's risk for further violence. Additionally, pursuant to local and state law, CPD of?cers also have information about those convicted of certain violent and weapons crimes available to enhance of?cer safety. Examples include the Gun Offender Registration Ordinance under MCC Chapter 8-26, the Sex Offender Registration Act under 730 ILCS 150/1 et seq., the Murderer and Violent Offender Against Youth Registration Act under 730 ILCS 154/1 et seq., and the Arsonist Registration Act under 730 ILCS 148/1 et seq. The Department assists in the administration of these weapons and violent offender registries. Recommendation 4: Utilize gang designations to identify at-risk youth for social intervention services. CPD Resgonse CPD concurs with Recommendation The Department is currently developing intervention and prevention strategies for those at high risk of victimization. CPD does participate in identi?cation of both at-risk adults and youth through its Violence Reduction Initiative in select districts. CPD is currently undergoing a system and policy overhaul for implementation of these types of interventions. The current process for engaging at-risk individuals, known within the Department as a "custom noti?cation," is also currently being re-evaluated for improvement and implementation. General de?nitions and an overview of the recent strategy is laid out in Section 0f the General Order G1 0-0] Gang Violence Reduction Strategy. The current custom noti?cation is described as, 5 Page l27 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 "a process that identifies potential criminal actors and victims associated with the continuum of violence. Once identified, the individual is notified of the risk and consequences that will result should they engage in criminal conduct or continue in violent activity. In accordance with this recommendation, CPD will continue to develop strategies to engage those at greatest risk of victimization with bene?cial services, education, and job-training services. Recommendation 5: Formally evaluate whether individuals and groups CPD tracks as gangs meet the legal criteria of a criminal gang. CPD Response CPD concurs with Recommendation In its proposed directive, CPD will apply the de?nitions that currently exist under Illinois state law in order to establish street gangs within the Criminal Enterprise Database. current draft directive G?l 0-0ll03: Criminal Enterprise Database cross-references the de?nitions under the Streetgang Omnibus Terrorism Prevention Act in 740 ILCS 147! et seq. CPD membership will apply these de?nitions to both criminal street gangs and criminal street gang members in accordance with the policy. Section IV of the draft directive states in part: ?Street gang member or ?gang member" means any person who actually and in fact belongs to a gang and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself or herself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity in accordance with the Illinois Street Gang Terrorism Omnibus Prevention Act (740 ILCS 14 7). ?Street gang or ?Zgang" or "organized gang? or "criminal street gang" means any combination, conjederation. alliance, network, conspiracy, understanding, or other similar conjoining. in law or in fact, of three or more persons with an established hierarchy that, through its membership or through the agency ofany member engages in a course or pattern of criminal activity in accordance with the Illinois Street Gang Terrorism Omnibus Prevention Act 74 0 ILCS 47). "Criminal Activity? The commission, attempted commission, or solicitation, in association with or with intent to promote criminal conduct by criminal enterprise or street gang members, of two or more acts of the following o?enses, at least one of which occurred within the last five years: murder; drug induced homicide; kidnapping; forcible detention; aggravated assault?- discharging firearm; aggravated battery; heinous battery; aggravated battery with a firearm; aggravated battery of a child; aggravated battery of a senior citizen; intimidation; compelling organization membership of persons; home invasion; aggravated criminal sexual assault; robbery; armed robbery; burglary; residential burglary; criminal fortification ofa residence or building; arson; aggravated arson; possession of explosives or incendiary devices; unlawful use of weapons; unlawful use or possession of weapons by felons or persons in the custody ofthe Department of Corrections; aggravated discharge ofafirearm; mob action?violence; bribery; 6 l?agc PAC 128 REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 armed violence; manufacture or delivery of cannabis; cannabis tra?iclting; calculated criminal cannabis conspiracy and related o?bnses; illegal manufacture or delivery of a controlled substance; controlled-substance traf?cking; calculated criminal drug conspiracy and related offenses. Under these de?nitions, Sections and require that criminal enterprises and street gangs are identi?ed in accordance with state law de?nitions codi?ed in the policy: From Section "The Information Services Division will establish the Criminal Enterprise Database CLEAR application for use by authorized Department members. The Information Services Division will initially gather all gang-related information in conjunction with the appropriate Department personnel to apply the criteria delineated in Item of this directive to all existing gang-related information before entry in to the Criminal Enterprise Database. From Section WA): "Criminal enterprises and street gangs will be identi?ed on the basis of speci?c, documented, and reliable information, including but not limited to: . analysis of crime pattern information; . observations by Department members; . witness interviews; . interviews of admitted criminal enterprise or street gang members; and . information received from informants who have proven to be reliable and whose information can be- independently corroborated. The Deployment Operations Section is responsible for ensuring that criminal street gangs maintained are updated and accurate in accordance with the de?nitions set forth. From Section IX (C) "The Deployment Operations Section will: (I) ?nalize and update the Criminal Enterprise Database of all criminal street gangs and criminal enterprises identified during the district gang audit (3) inform the Director, Information Services when a criminal street gang or criminal enterprise has been eliminated from "active" status" Recommendation 6: Formally evaluate whether the current methods of identifying and tracking gang membership align with the current landscape of gangs in Chicago. CPD Response CPD concurs with Recommendation Under its proposed directive, CPD will engage in ongoing management of information contained within the Criminal Enterprise Database, with input from gang experts and district intelligence of?cers. During the development of its internal draft directive 0-01 -03: Criminal Enterprise Database, CPD engaged in substantial discussion about how to manage gang information moving forward to best support of?cers in their efforts. These internal discussions included input from both District and Area command staff, along with gang investigations experts, district intelligence of?cers, and of?cers who conduct outreach and community policing at the district level. CPD leadership and of?cers who engage with gang members in their ?l Page PACE I29 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 daily patrols and investigations were able to provide insights on the applicable criteria and parameters for the Criminal Enterprise Database. lmportantly, one component adopted into the draft policy includes an ongoing review of information by gang investigations and intelligence of?cers to ensure it is current. In addition to the process that ensures information is reviewed for accuracy going in, these audit reviews will combine the necessary district-level and gang investigations experts to review whether the information in the system matches their intelligence and observations from the ?eld. Furthermore, the ongoing management of CPD's Criminal Enterprise Database will give of?cers using it in the ?eld added con?dence that the information is accurate and updated. From Section "District commanders will annually, in coordination with the Gang Investigation Division and other designated Department personnel, perform a gang audit in accordance with G1 0-01 -01 ?Gang Audits, updating information for accuracy in the Criminal Enterprise Database. From Section of the proposed draft: "The Gang Investigation Division will: i. in addition to entry and review of information in the Criminal Enterprise Database, when possible, assist Department members with the identi?cation of individuals as members and a?iliates of criminal enterprises or street gangs. 2. review requests to appeal the status of gang membership or a??iliation in the Criminal Enterprise Database consistent with Item of this directive. 3. coordinate with district intelligence o?icers to perform an annual gang audit and review and con?rm information for accuracy in the Criminal Enterprise Database. 4. when appropriate, provide information to remove eligible individuals ?om the Criminal Enterprise Database. From Section (C) "The Deployment Operations Section will: ?nalize and update the Criminal Enterprise Database: of all criminal street gangs and criminal enterprises identified during the district gang audit; upon success?ll appeal of gang membership or a?iliation in the Criminal Enterprise Database; or upon request of the Commander, Gang investigation Division, or a district commander. From Section IX (C) (3) of the propose draft directive: ?The Deployment Operations Section will inform the Director of Information Services when: It is appropriate to remove eligible individuals from the Criminal Enterprise Database, and When a criminal street gang or criminal enterprise has been eliminated ?om active status. B. Controls and Procedural Fairness Protections (Recommendations 7-23) CPD concurs with the vast majority of the recommendations set forth in the OIG's controls and procedural fairness section, both in its efforts to balance the privacy interests of the public and to ensure that the most relevant and accurate gang information is made available to of?cers. Many of these recommendations are already addressed in draft directive. The general parameters of CPD's proposed directive also align with similar policies adopted in outside jurisdictions cited by the Inspector General's Of?ce, such as California and Providence, RI. 8 Page I30 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 Given that some of these recommendations relate to CPD's data and record retention, two points of clari?cation are warranted. First, CPD cannot alter, delete, or destroy historical criminal arrest or investigative records that either have been or could become part of a court or administrative proceeding. Modifying or deleting past source records to remove gang information could severely undermine the integrity of the discovery process, and potentially open up the City and CPD to sanctions and violations. Second, since the inception of the Department of Justice investigation in December of 201 5, CPD has discontinued following a record retention schedule, and is instead following a record preservation order. Pursuant to the investigation and ensuing consent decree, CPD has maintained records in all of its data systems unless destruction is required by law. Since that time, which covers a substantial portion of the data reviewed by the 01G during this audit, CPD has only destroyed records following an individualized assessment and disposal certificate ?led with the Local Records Commission. Recommendation 7: Formally inventory all gang-related data collection, reporting, and . visualization points, and the relationships between them. CPD Response CPD concurs with Recommendation The Criminal Enterprise Database directive contains a provision to carry out an initial inventory of gang-related data. In its proposed directive, CPD does address this recommendation with the creation of the Criminal Enterprise Database. The Information Services Division at CPD is tasked with initially gathering all relevant gang information within CPD's systems and integrating it into the Criminal Enterprise Database. Through the internal data system review already carried out, the Information Services Division has gained an understanding of CPD's gang information source data systems and how they interrelate. From Section "The Information Services Division will establish the Criminal Enterprise Database CLEAR application for use by authorized Department members. The Information Services Division will initially gather all Department gang-related information in conjunction with the appropriate Department personnel to apply the criteria delineated in Item Vof this directive to all existing gang-related information before entry in to the Criminal Enterprise Database. Recommendation 8: Formally inventory all extant paper and electronic records containing gang information. CPD Response CPD partially concurs with Recommendation The Criminal Enterprise Database directive contains a provision to carry out an initial inventory of gang- related information. However, an inventory of all paper criminal and investigative records that may contain gang information is moot as this information is most certainly older than 5 years and thus will not be used to vet gang membership for entry into the new Criminal Enterprise Database. CPD incorporates its response to recommendation #7 above. First, in the draft policy, CPD will only use relevant indicators of gang membership acquired within the past 5 years to enter a person into the Criminal Enterprise Database, and will further remove individuals from 9 l?agc PAC IEI REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 the Database after 5 years if the person does not commit a new qualifying offense or an act in furtherance of gang activity. From Section "An individual is eligible for removal when he or she has not committed any act in furtherance of gang activity and has not been arrested, charged, petitioned for delinquency, found delinquent, or convicted of a qualt?iing criminal of?nse within the past five years. If an arrest, charge, petition for delinquency, ?nding ofdelinquency, or conviction was part of the determination that led to the person ?s entry into the Criminal Enterprise Database, this five-year period begins following the date of release or discharge ?om custody, probation, supervision, incarceration, or parole for that o?ense, whichever is later. From Section 1X (D) (3) he Director, Information Services Division, will: upon consultation with the Commander, Deployment Operations Section, remove gang information for individuals who have not committed a new qualijying criminal offense and have not had a documented incident in furtherance of gang activity for at least five years. CPD would also point out that although it may have very old criminal investigative ?les that were created before its electronic ?le systems, some of which is now stored in micro?che, those outdated materials will not be used to vet the accuracy of gang membership for entry into the Criminal Enterprise Database. It is possible that these records contain some reference to gang membership or af?liation; however, CPD does not plan to search these records for gang information as part of its systems inventory. From Section 111(3): he Information Services Division will establish the Criminal Enterprise Database CLEAR application for use by authorized Department members. The Information Services Division will initially gather all gang-related information in conjunction with the appropriate Department personnel to apply the criteria delineated in Item of this directive to all existing gang- related information before entry in to the Criminal Enterprise Database. Moreover, CPD cannot modify or alter these criminal investigative records if gang information is discovered. Additionally, the proposed directive includes the following disclaimer for recordkeeping purposes and noti?cation to CPD members who may come across stagnant gang information: From Section 'Elndividuals who meet the criteria for removal will have their information removed from the Criminal Enterprise Database only. Historical records will be maintained in source data systems, as appropriate, and subject to federal, state, and local laws. Department members and law enforcement personnel will rely solely upon the Criminal Enterprise Database to determine an individual ?s active gang affiliation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. lOll?age PAGE 132 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 Recommendation 9: Establish formal and clear purposes for collection of gang information, and tailor training, access, policies, and technology to align with these purposes and goals. CPD Response CPD concurs with Recommendation CPD will add a clearly defined purpose section to its Criminal Enterprise Database directive that aligns with its current anti-gang violence goals. CPD concurs with this recommendation and will update the policy directive accordingly. CPD does have several initiatives that pertain directly to gang violence suppression laid out in General Order 0-01: Gang Violence Reduction Strategy. CPD has also undertaken internal reforms and crafted a new strategic plan, which includes the development, institution and enhancement of the strategies set forth in GIG-01. In coordination with the Criminal Enterprise Database policy, CPD plans to evaluate the implementation and effectiveness of the strategies set forth in in order for the General Order to accurately re?ect current programs and efforts related :to violent gang members. In relevant part, GIG-01 states under its purpose: 1. "Purpose: The Chicago Police Department Gang Violence Reduction Strategy to combat gang-related murders, shootings, and general violence related to gang activity. Additionally, CPD has its Area Gang Strategy Meetings, encompassed in Special Order S1 0-07, which states in relevant part: 1. "Purpose: A. Department-wide initiatives to combat the proliferation ofincreasing gang-related crime, and Area gang strategy meetings with attendant duties, responsibilities, and accountabil ity for the development and implementation of speci?c strategies to address current gang-related crime trends." As discussed above, there are a multitude of uses for CPD members in their various duties where gang information may be relevant or merely supplemental to achieving a Speci?c purpose or task. CPD plans to revisit those initiatives as well in coordination with the creation of the Criminal Enterprise Database. Recommendation 10: Ensure all forms featuring gang-related data are listed on the Records Retention Schedule CPD Response #10: CPD concurs with Recommendation #10. CPD will include gang information to the Records Retention Schedule subject to the purge criteria set forth in the Criminal Enterprise Database policy. However, CPD is currently under a records preservation order and is not following the Records Retention Schedule. Pursuant to its obligations under the consent decree, the Chicago Police Department is currently under a record preservation order. Until the order is rescinded, original records cannot be destroyed. CPD does not anticipate that it will begin following the Records Retention Schedule until full compliance with the terms under the revised consent decree. H'Pagc PAC 133 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 In conjunction with its new policy directive, CPD will add gang information contained in the Criminal Enterprise Database to the Records Retention Schedule. CPD anticipates it will begin following the Records Retention Schedule once it has met full compliance with the consent decree. Additionally, the new draft Criminal Enterprise Database directive does reference records retention and policies, stating in relevant part: From Section XII: "Any record maintained in the Criminal Enterprise Database must comply with local, state, andfederal law. The Commander, Youth Investigations Division, will ensure juvenile records that are part ofthe Criminal Enterprise Database are retained and expunged in accordance with the Juvenile Court Act and any applicable local, state, or ?zderal law. For information contained in the Criminal Enterprise Database itself, Section and Section reference the automatic purge of gang information a?er a ?ve-year period if the person is not arrested for a qualifying offense or engaged in gang activity: From Section ?An individual is eligible for removal when he or she has not committed any act in furtherance of gang activity and has not been arrested, charged, petitioned for delinquency, found delinquent, or convicted of a qualijjzing criminal ojfense within the past ?ve years. If an arrest, charge, petition for delinquency, ?nding of delinquency, or conviction was part of the determination that led to the person ?s entry into the Criminal Enterprise Database, this five-year period begins following the date of release or discharge ?om custody, probation, supervision, incarceration, or parole for that o?ense, whichever is later. From Section (D) (3 "The Director, information Services Division, will: upon consultation with the Commander, Deployment Operations Section, remove gang information for individuals who have not committed a new qualifying criminal offense and have not had a documented incident in furtherance ofgang activity within the past five years. Once the Criminal Enterprise Database directive is ?nalized, CPD will ensure that the Records Retention Schedule re?ects these new policies, and will begin to follow the schedule once the preservation order is lifted. Recommendation 11: Establish formal written agreements with external agencies regarding data quality, inputs, and outputs. CPD Response #11: CPD concurs with Recommendation #11. The Information Services Division will execute data sharing agreements with law enforcement partners who have access to the Criminal Enterprise Database in accordance with 28 CFR Part 23. 12 Pagc I34 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 Recommendation 12: Regularly conduct formal audits of external agency access and use based on clearly de?ned metrics. CPD Response #12: CPD concurs with Recommendation #12. The Information Services Division will strive to ensure external law enforcement agencies with access to the Criminal Enterprise Database maintain compliance with 28 CFR Part 23. Under the proposed directive, CPD will collaborate among district command staff, intelligence officers, and gang investigations experts to manage the information in the Criminal Enterprise Database on an ongoing basis, including a ?ve year purge of any stagnant gang information in compliance with 28 CFR Part 23.20. To ensure compliance with federal regulations on criminal intelligence systems, CPD will require a criminal predicate in order to obtain gang information from the Criminal Enterprise Database. CPD will conduct routine audits to manage gang information on an ongoing basis, with ongoing information review by district intelligence of?cers and command staff, Gang Investigation Division, and the Deployment Operations Section. See 28 CFR Part 2320(0). The audits are intended to allowgang intelligence experts to ensure gang information in the system is relevant and accurate, with the ability to update or remove information at their discretion and in accordance with the established criteria. See 28 CF Part Additionally. CPD intends to enter into data sharing agreements with outside agencies that will set forth requirements of use that will have to be met by the outside agency, including but not limited to compliance with local law. In its new application, CPD will also have the ability to run external agency audits to see which agencies access the Criminal Enterprise Database. Recommendation 13: Consider additional protections for restricting gang information with other law enforcement agencies, such as immigration enforcement agencies. CPD Response #13: CPD partially concurs with Recommendation #13. The Information Services Division will execute data sharing agreements with law enforcement partners who have access to the Criminal Enterprise Database, which will include a requirement that law enforcement agencies using the Database comply with the City of Chicago's Welcoming City Ordinance. During the time that CPD has been reviewing its internal policies and practices on the collection and management of gang information, the Department has also been working to strengthen relationships with its law enforcement partners, particularly those in the federal government. For the past several years, CPD has also been working to drive down a historic and unacceptable spike in violent crime, particularly against shootings and homicides. The Department recognized that it needed to leverage every resource available to aid in the crime ?ght, and one primary goal in strengthening relationships with federal partners has been to work collaboratively to target the drivers of violence and reduce shootings and associated crimes. Federal partners in the FBI, DEA, ATP, and United States Attorney's Of?ce have been ready and willing to assist CPD to this end, and the Department is fortunate to work alongside these agencies. Once the Criminal Enterprise Database is ?nalized, CPD plans to share it with our federal law enforcement partners in accordance with the policies set forth and federal regulations. As discussed in several initiatives set forth above, gang information is an integral part of several of CPD's multi-jurisdictional crime reduction efforts and task forces. The proposed directive will include a disclaimer that CPD members cannot l3ll?uge PACE I35 REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 share gang information with non-law enforcement third parties, and that all CPD members and third party agencies that use the Database are subject to the City of Chicago's Welcoming City Ordinance. From Section XI: "The Criminal Enterprise Database is available for use only by Department members with authorized access acting in furtherance of a legitimate law enforcement purpose. Information will not be disclosed to any third party for employment, education, licensing, or housing purposes. Reminder: It is the policy of the Chicago Police Department that, pursuant to federal law, the enforcement of imm igration law generally rests with the federal government and not with the state or local police. Department members will continue to follow the procedures outlined in S06-l4- 03 ?Responding to Incidents Involving Citizenship Status, including compliance with the provisions of the City of Chicago 's Welcoming City Ordinance. Additionally, external law enforcement agencies that have access to the Criminal Enterprise Database or other CPD records systems will receive a disclaimer that historical records may not be used to determine gang membership, as these records may contain reliable gang information. From Section VINCE): "Individuals who meet the criteria for removal will have their information removed from the Criminal Enterprise Database only. Historical records will be maintained in source data systems, as appropriate, and subject to federal, state, and local laws. Department members and law enforcement personnel will rely solely upon the Criminal Enterprise Database to determine an individual% active gang af?liation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. Recommendation 14: Provide formal training and policies to all of?cers regarding how to use gang-related data. CPD Response #14: CPD concurs with Recommendation #14. The proposed Criminal Enterprise Database directive outlines the training requirements for CPD members. This recommendation is encompassed within Section of CPD's proposed Criminal Enterprise Database directive. From Section (B) ?The Education and Training Division, in consultation with the Deployment Operations Section, the Gang Investigation Division, and the Bureau of Patrol, will establish an eLearning module on the use of the Criminal Enterprise Database. Members will receive this training on an annual basis. Members must complete the eLearning module before gaining authorization to enter, retrieve, or approve information in the Criminal Enterprise Database. l4 Page PAGE 136 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 Recommendation 15: Provide regular, formal refresher training updates to of?cers on the evolving nature of gangs in Chicago. CPD Response #15: CPD concurs with Recommendation #15. Refresher training will be required annually. This recommendation is encompassed within Section of CPD's proposed Criminal Enterprise Database directive. From Section "The Education and Training Division, in consultation with the Deployment Operations Section, the Gang Investigation Division, and the Bureau of Patrol, will establish an eLearning module on the use of the Criminal Enterprise Database. Members will receive this training on an annual basis. Members must complete the eLearning module before gaining authorization to enter, retrieve, or approve information in the Criminal Enterprise Database. Recommendation 16: Formally mandate the inclusion of supporting evidence with gang designations. CPD Response #16: CPD concurs with Recommendation #16. The proposed Criminal Enterprise Database policy has speci?c review processes not only for supervisors, but across patrol and specialized units to ensure gang information going into the system is substantiated and reliable. The proposed Criminal Enterprise Database also mandates that entries into the system are properly documented and accompanied with relevant supporting documentation. Within the proposed Criminal Enterprise Database directive, Section and Section IX lay out the responsibilities for review of gang information to ensure accuracy and compliance with the policy. The general process requires an of?cer to submit an entry based on the criteria set forth in Section V. The of?cer's supervisor then reviews the entry for accuracy, compliance, and proper supporting documentation, and then forwards the entry for substantive review from a District Intelligence Of?cer. Once the district review is complete, the entry is forwarded along to Gang Investigation Division personnel, and ?nally the Deployment Operations Section personnel for accuracy review. Relevant sections from the draft directive are set forth in part as follows: From Section VI: "Following the positive identification of a person with membership in or a?iliation with a criminal enterprise or street gang, Department members will: I. ensure information and all supporting documentation is entered into the CLEAR Criminal Enterprise Database accurately; 2. locate and make notation of any visible scars, marks, or tattoos, if applicable; 3. ensure all evidentiary electronic media, including body-worn camera and in-car video system recordings, is properly attached or saved, if applicable; 4. notify a supervisor that the data entry is complete and available for review Upon receiving notification, the reviewing supervisor will: 1. ensure that the data entry is in compliance with Item Vana' Item of this directive; and lSll?agc l37 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 2. approve data entry that is in compliance with Item Vand Item VI-A of this directive and forward the data entry to the appropriate district intelligence officer and designated members of the Gang Investigation Division for review Note: All information entered into the Criminal Enterprise Database will be reviewed and managed by the Deployment Operations Section. From Section NEE): "Upon supervisory approval, all information entered into the Criminal Enterprise Database will be reviewed by the appropriate district intelligence officer and by the designated members of the Gang Investigation Division. All information entered into the Criminal Enterprise Database will be reviewed and approved by the Deployment Operations Section. The Deployment Operations Section has final authority to review, remove, and manage information within the Criminal Enterprise Database, unless as otherwise delineated in Item of this directive. The proposed directive also requires supporting documentation for all entries into the Criminal Enterprise Database. As with all investigations, supporting documentation capturing relevant gang identi?ers of bodywom or in-car camera recordings, photographs of tattoos or emblems at arrest intake and booking, or statements from independently corroborated informants will be required with an entry into the Criminal Enterprise Database. CPD determined that with the recently administered body-wom cameras for all of?cers and updated in- car Video recording systems, and the additional state law requirements for electronically recorded interviews, the proper mechanisms are in place to capture self-admissions on a camera recording at most points during an investigation. CPD settled on the policy that if the person's self-admission is lawfully captured on a video recording or other intercepted communication, that statement alone is suf?cient grounds to designate a person as a gang member. The CPD member would have to ensure that the video recording or intercepted communication where the statement is contained is provided as supporting evidence of the person's self- admission. If the self-admission occurs during some point in the investigation where cameras are not recording, of?cers can still submit an entry for self-admission so long as the statement was lawfully received and documented, and an additional independent indicator of gang membership or af?liation exists under the criteria. From Section "Membership in or affiliation with a criminal enterprise database or street gang must be substantiated by specific, documented, and reliable information received by the Department within the past five years, and in accordance with the following: (I) the individual ?s own admission of membership or affiliation law?tll captured on electronic or video recorded communications, such as bodyworn camera, in-car video system recordings, electronically recorded interview, text message communications, social media communications, or a consensual overhear device; or (2) two or more of the following: a. an unrecorded or non- intercepted statement provided voluntarily by the individual, or 16 Page PACE l38 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 if a statement is made pursuant to a custodial interrogation, a statement provided by the individual following a knowing, intelligent, and voluntary waiver of his or her constitutional rights. b. the wearing of distinctive emblems, tattoos, or similar markings indicative of a specific criminal enterprise or street gang but only when such signals or symbols would not reasonably be expected to be displayed by any individual expect a member of that specific criminal enterprise or street gang. Note: Membership may not be established solely because an individual is wearing specific items of clothing which are available for sale to the general public. c. the use of signs or symbols indicative of 'a specific criminal enterprise or street gang but only when such signals or symbols would not reasonably be expected to be displayed by any individual except a member of that specific criminal enterprise or street gang. d. the identification of the individual as a member or a?iliate or a specific criminal enterprise or street gang by an individual who has provided reliable information to the Department in the past and whose information can be independently corroborated. e. the identification of the individual as a member or affiliate of a specific criminal enterprise or street gang by another government agency or a federal, state, or local penal institution. a violation, arrest, charge, petition for delinquency, ?nding of delinquency, or conviction where gang membership or participation is either an element of the offense or documented in the complaint or court record as part of the criminal design. Recommendation 17: Formally update and publicly report clearly defined criteria for ?gang" and "gang activity." CPD Response #17: CPD concurs with Recommendation #17. The proposed Criminal Enterprise Database policy codifies definitions from Illinois law, prohibits designations based on a person's demographic status as a protected class, and the entire policy will be made available to the public. The draft Criminal Enterprise Database does establish criteria for determining gang membership or af?liation, using established de?nitions set forth in the Illinois Compiled Statutes. Once a directive is ?nalized and issued to CPD members, it is made publicly available under CPD's searchable policy directives as well. The proposed criteria does not include being in a gang-designated area or around gang-designated individuals as a suf?cient basis for a determination of gang membership or af?liation. With reference to CPD's current General Order 602?04: Prohibition Regarding Racial Profiling and Other Bias Based Policing, the policy also includes a disclaimer that gang af?liation cannot be based upon the person's religious or racial demographic as a member of a protected class. Relevant portions of the proposed directive are cited below. The proposed directive de?nes "Gang," "Street Gang Member," and "Criminal Activity" as follows: From Section "Street Gang? as "Street gang? or "gang" or "organized gang? or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of three or more persons with an established hierarchy that, l7 Page PAC I39 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 through its membership or through the agency of any member engages in a course or pattern of criminal activity in accordance with the Illinois Street Gang Terrorism Omnibus Prevention Act (740 ILCS 147). From Section I WC) "Street gang member or "gang member means any person who actually and in fact belongs to a gang and any person who knowingly acts in the capacity ofan agent for or accessory to, or is legally accountable for, or voluntarily associates himself or herself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or coverup phase of any activity, or who knowingly performs, aids, or abets any such activity in accordanCe with the Illinois Street Gang Terrorism Omnibus Prevention Act (740 ILCS I 4 7). From Section "Criminal Activity" means the commission, attempted commission, or solicitation, in association with or with intent to promote criminal conduct by criminal enterprise or street gang members, of two or more acts of the following offenses, at least one of which occurred within the last ?ve years: murder; drug induced homicide; kidnapping; forcible detention; aggravated assault? discharging firearm; aggravated battery; heinous battery; aggravated battery with afirearm; I aggravated battery of a child; aggravated battery of a senior citizen; intimidation; compelling organization membership of persons; home invasion; aggravated criminal sexual assault; robbery; armed robbery; burglary; residential burglary; criminal fortification of a residence or building; arson; aggravated arson; possession of explosives or incendiary devices; unlawful use of weapons; unlawful use or possession of weapons by felons or persons in the custody ofthe Department of Corrections; aggravated discharge of a firearm; mob action?violence; bribery; armed violence; manufacture or delivery of cannabis; cannabis trafficking; calculated criminal cannabis conspiracy and related offenses; illegal manufacture or delivery of a controlled substance; controlled-substance trafficking; calculated criminal drug conspiracy and related offenses. The proposed directive establishes the criteria for a determination of gang membership or af?liation as follows, none of which include being in a gang-designated area or around gang-designated individuals: From Section WE): ?Membership in or affiliation with a criminal enterprise database or street gang must be substantiated by specific, documented, and reliable information received by the Department within the lastfive years, and in accordance with the following: (I) the individual 's own admission of membership or affiliation lawfully captured on electronic or video recorded communications, such as bodyworn camera, in?car video system recordings, electronically recorded interview, text messages communications, social media communications, or a consensual overhear device; or (2) two or more of the following: a. an unrecorded or non-intercepted statement provided voluntarily by the individual, or if a statement is made pursuant to a custodial interrogation, a statement provided by the individual following a knowing, intelligent, and voluntary waiver of his or her constitutional rights. b. the wearing of distinctive emblems, tattoos, or similar markings indicative of a specific criminal enterprise or street gang but only when such signals or symbols would not 18 Page PAC l4O REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 reasonably be expected to be displayed by any individual expect a member of that specific criminal enterprise or street gang. Note: Membership may not be established solely because an individual is wearing specific items of clothing which are available for sale to the general public. 0. the use of 'signs or symbols indicative of a specific criminal enterprise or street gang but only when such signals or symbols would not reasonably be expected to be displayed by any individual except a member of that specific criminal enterprise or street gang. d. the identification of the individual as a member or a?iliate or a specific criminal enterprise or street gang by an individual who has provided reliable information to the Department in the past and whose information can be independently corroborated. e. the identification of the individual as a member or affiliate of a specific criminal enterprise or street gang by another government agency or a federal, state, or local penal institution. f. a violation, arrest, charge, petition for delinquency, finding of delinquency, or conviction where gang membership or partiapation is either an element of the o?znse or documented in the complaint or court record as part of the criminal design. In making a determination of a person's gang status, the proposed directive includes the following reminder for CPD members: From Section V: "Determinations regarding an individual 's membership in or a?iliotion with a criminal enterprise or street gang will not be based solely on an individual is race, gender, religion, ethnicity, culture, socioeconomic status, or other protected classes consistent with G02- 04: Prohibition Regarding Racial Profiling and Other Bias Based Policing. Recommendation 18: Conduct regular, formal reviews of gang designations to evaluate continued accuracy of the gang designation. CPD Response #18: CPD concurs with Recommendation #18. The proposed Criminal Enterprise Database directive contains a process to update and review gang information for accuracy. In its proposed directive, CPD has laid out a speci?c and collaborative process in order to ensure ongoing accuracy of information in the Criminal Enterprise Database. During this process, CPD will remove outdated and unreliable information from the Criminal Enterprise Database with input from gang investigations experts and intelligence of?cers. To reiterate, CPD cannot modify or remove information from criminal or investigative source records. l9 Page l4l REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 in part: Section IX of the proposed directive lays out this ongoing review process, with relevant sections stating From Section IX (A (2) "District commanders will: annually, in coordination with the Gang Investigation Division and other designated Department personnel, perform a gang audit in accordance with GI 0-01-01 "Gang Audits, updating information for accuracy in the Criminal Enterprise Database. From Section "The Deployment Operations Section will: ?nalize and update the Criminal Enterprise Database: of all criminal street gangs and criminal enterprises identi?ed during the district gang audit; upon successful appeal of gang membership or affiliation in the Criminal Enterprise Database; or upon request of the Commander, Gang Investigation Division, or a district commander. From Section (3): "The Director, Information Services Division, will: upon consultation with the Commander, Deployment Operations Section, remove gang information for individuals who have not committed a new qualijying criminal offense and have not had a documented incident in furtherance of gang activity within the past five years. Recommendation 19: Develop and implement a formal means to regularly purge applicable gang designations from all originating documents and visualization tools. CPD Response #19: CPD partially concurs with Recommendation #19. The proposed Criminal Enterprise Database directive contains a process to purge stagnant gang information after ?ve years. However, CPD cannot modify original source documents that are part of a past or ongoing criminal investigation. CPD will purge a person's gang information from the Criminal Enterprise Database alter a ?ve year I period without further criminal or gang related behavior. Section and Section reference the i automatic purge of gang information after a ?ve-year period if the person is not arrested for a qualifying offense or engaged in gang activity: From Section "An individual is eligible for removal when he or she has not committed any act in furtherance of gang activity and has not been arrested, charged, petitioned for delinquency, found delinquent, or convicted of a quali?iing criminal offense within the past?ve years. If an arrest, charge, petition for delinquency, ?nding of delinquency, or conviction was part of the determination that led to the person ?s entry into the Criminal Enterprise Database, this five-year period begins following the date of release or discharge from custody, probation, supervision, incarceration, or parole for that o?ense, whichever is later. From Section (3): "The Director, Information Services Division, will: upon consultation with the Commander, Deployment Operations Section, remove gang information for individuals who have not committed a new quali?/ing criminal offense and have not had a documented incident in furtherance ofgang activity within the past ?ve years. 20 Pugc I42 REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 As previously stated, CPD cannot alter, delete, or destroy historical criminal arrest or investigative records that either have been or could become part of a court or administrative proceeding. Modifying or deleting past source records to remove gang information could severely undermine the integrity of the discovery process, and potentially open up CPD to violations. For criminal investigative source records that are maintained, CPD members will receive a disclaimer that these records are not to be used to determine gang membership or af?liation. Only the Criminal Enterprise Database will contain updated, substantiated, and accurate gang designations. From Section ?Individuals who meet the criteria for removal will have their information removed ?om the Criminal Enterprise Database only. Historical records will be maintained in source data systems, as appropriate, and subject to federal, state, and local laws. Department members and law enforcement personnel will rely solely upon the Criminal Enterprise Database to determine an individual '5 active gang a?iliation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. Recummendation 20: Formally require that every individual who received a gang designation from CPD is noti?ed. CPD Response #20: CPD partially concurs with Recommendation #20. CPD will take several steps to inform the general public about how to access their individual gang designations. These notifications will occur in-person, rather than through the mail. Information will also be made available at district stations and online. Finally, CPD will undertake efforts to create a system in which in-person noti?cation is provided to subjects, informing them of the process to appeal a determination of gang membership or af?liation. After careful deliberation, CPD determined that written noti?cation to all persons designated as gang members is not safe or proper, and may actually create a greater risk of gang violence. Both for those designated as gang members in the past and under the new policy moving forward, CPD would have serious logistical issues accurately identifying a gang member or af?liate's correct address. As such, sending noti?cation letters to individual addresses could serve to cause greater confusion and frustration between the community and the police, and actually initiate more violence if the noti?cation letter is intercepted into the wrong hands. Instead, as part of its overall police reform efforts, CPD is currently working through a noti?cation process to communicate certain rights or other procedures to individuals who interact with the police. CPD intends to incorporate a noti?cation of gang designations into this process, and inform subjects in person that they may have been identi?ed as a gang member or af?liate during the course of an investigation or interaction. The noti?cation would inform the subject that he or she may have been identi?ed as a gang member or af?liate, subject of course to review and approval under the criteria. Further, it will set forth the process to appeal such a detem?nation and seek removal from the Criminal Enterprise Database. CPD has also committed to a process that will allow individuals to determine whether they are designated as a gang member or af?liate. lf identi?ed in the Criminal Enterprise Database, the person can then challenge that determination. CPD will make information about this process available through its website, at lel?agc PACE I43 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 local district stations, and allow members of the general public to submit email inquiries to obtain more information. A fee is not required in order to access the person?s gang status. From Section (1): "Any person may seek to access or appeal the status of his or her own street gang or criminal enterprise membership or affiliation in the Criminal Enterprise Database. A parent or legal guardian of a minor under the age of eighteen may make a request for access or appeal on behalf of his or her child. To access the status of gang membership or a?iliation in the Criminal Enterprise Database, a person must: a. make a request at the Access and Review Unit, Records Division, located at Public Safety Headquarters, 351 0 South Michigan Avenue, 1 st ?oor, Monday through Friday, 0800?1530 hours, excluding holidays; b. complete the Criminal Enterprise Database Access form (CPD-3 L615) provided by the Department; and 0. submit valid government identification. From Section "District commanders will: (5) make general information about the access and removal process associated with the Criminal Enterprise Database available to the general public at the district station. From Section "The Director, Information Services Division, will: (5 create an online website that provides general information about the Department's Criminal Enterprise Database and the process to access and remove a person?s gang membership or a?iliation status within the Criminal Enterprise Database, and 6) create and monitor the email address and establish protocol to respond to emails from the general public with general information about how to access and remove a person's gang membership or a?iliation status ?'om the Criminal Enterprise Database. Recommendation 21: Establish formal protections for juveniles. CPD Response #21: CPD does not concur with Recommendation #21. However, CPD recognizes that its current investigation process inherently has greater protections for minors than adults. For purposes of this speci?c policy, juveniles and adults are treated the same under the proposed Criminal Enterprise Database directive. Pursuant to state law and provisions under the recently ?led consent decree, additional legal protections already exist for juveniles throughout the investigation and arrest process, particularly during interviews with police. For example, an of?cer must take immediate action to notify the minor's parent or person responsible for the minor upon arrest. 705 ILCS 405/2-6; 405/5?405. If the minor is arrested for a felony offense or any sex offense, following a waiver of simpli?ed Miranda rights tailored to juveniles, a custodial interrogation cannot take place unless the interview with the juvenile is video recorded. 705 ILCS 5-401 For these felony investigations, the consent decree will also require CPD to go beyond state law, and make all reasonable efforts to ensure a parent or guardian is also present for an interview of a juvenile in custody. See "Consent Decree" Illinois v. Chicago, 22 1? a PAC E144 REVIEW OE CHICAGO POLICE DEPARTMENTS 20l9 In addition to the bodywom camera requirements for CPD of?cers who interact with members of the public during investigations in the ?eld, CPD has determined that established protections and processes for juveniles are suf?cient to ensure self-admissions made in the presence of police are voluntary and reliable. Recommendation 22: Establish formal policies mandating that conversations or interviews with law enforcement which may result in a gang designation be conducted in the individual's preferred language. CPD Response #22: CPD concurs with Recommendation #22, and notes that CPD interactions with individuals of limited English pro?ciency are addressed in a separate policy. CPD agrees with this recommendation, and points out that CPD's process for obtaining a translator is codi?ed in a separate policy. See Special Order 802-0} -05: Limited English Pro?ciency. In addition, the consent decree also has a multitude of language access provisions related to interactions with limited English pro?cient individuals. See "Consent Decree" Illinois v. Chicago, 17-cv-6260; 1I1I64-65. Under the consent decree, CPD is not only going to update its current language access policies and procedures, but also appoint a language access coordinator to ensure that limited English pro?cient individuals can effectively communicate with CPD members. Recommendation 23: Establish a formal appeal process. CPD Response #23: CPD partially concurs with Recommendation #23. The proposed Criminal Enterprise Database policy has a formal appeal process outlined; however, CPD does not intend to turn over the supporting documentation or investigative records that serve as the basis for a gang designation. Within its proposed Criminal Enterprise Database directive, CPD has laid out a formal appeal process to remove gang designations from the system. The appeal process is free of cost upon establishing the individual's identity with valid identi?cation. CPD does not plan to turn over supporting documentation that may be part of an investigation to the individual submitting an appeal, as this would be inappropriate particularly where a criminal proceeding is or has taken place. The relevant portions of the appeal process is set forth below: From Section VII: "Criteriafor Removal from the Criminal Enterprise Database (A) An individual is eligible for removal when he or she has not committed any act in furtherance of gang activity and has not been arrested, charged, petitioned for delinquency, found delinquent, or convicted of a qualijying criminal o?ense within the past five years. 0? an arrest, charge, petition for delinquency, finding of delinquency, or conviction was part of the determination that led to the person ?5 entry into the Criminal Enterprise Database, this five-year period begins following the date of release or discharge ?rom custody, probation, supervision, incarceration, or parole for that o?ense, whichever is later. 23 Pat .. "v l45 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 (B) An individual can also have his or her information removed from the Criminal Enterprise Database if the information is not substantiated by specific, documented, and reliable information to establish membership or a?iliation in a criminal enterprise or street gang in accordance with Item Vof this directive. From Section (2): "To appeal the status of gang membership or affiliation in the Criminal Enterprise Database, a person must: a. make a request at the Access and Review Unit, Records Division, located at Public Safety Headquarters, 3510 South Michigan Avenue, 1 st ?oor, Monday through Friday, 0800?1200 hours, excluding holidays; b. complete the Criminal Enterprise Database Appeal form (CPD-31. 625) provided by the Department; NOTE: The requestor may also submit any supporting documentation or references that he or she deems relevant for the Department '3 consideration. 0. submit valid government identification; and NOTE: A minor '3 parent or legal guardian making a request on behalf of a minor must provide legal documentation to veri?) that he or she is the parent or legal guardian. d. cooperate with a background investigation conducted by the Chicago Police Department. D. Upon receipt of the completed request ?om the Records Division, the Deployment Operations Section, the Gang Investigation Division and the District Intelligence Officer of the affected District will consult with the Office of Legal Affairs to determine if the criteria is met and the information will be deleted from the Criminal Enterprise Database. E. If the criteria is met, the Commander, Deployment Operations Section, will inform the Director, Information Services Division, who will ensure the individual 's name, other identifiers, and records indicating street gang or criminal enterprise membership or affiliation are removed from the Criminal Enterprise Database. NOTE: Individuals who meet the criteria for removal will have their information removed from the Criminal Enterprise Database only. Historical records will be maintained in source data systems, as appropriate, and subject to federal, state, and local laws. Department members and law enforcement personnel will rely solely upon the Criminal Enterprise Database to determine an individual 's active gang a?iliation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. F. Upon request to access or appeal the status in the Criminal Enterprise Database, an individual who is not identified in the Criminal Enterprise Database or who has had his or her information removed following a success?il appeal may request and obtain a letter from the Department indicating his or her current status in the Criminal Enterprise Database. 24 Pagc PAGE I46 REVIEW OF THE CHICAGO POLICE DEPARTMENTS 20l9 Recommendation 24: Provide noti?cation to already designated gang members, and enable these individuals to appeal their designations. CPD Response #24: CPD partially concurs with Recommendation #24. CPD will take several steps to inform the general public about how to access their individual gang designations. Information will also be made available at district stations and online. The proposed Criminal Enterprise Database policy also has a formal appeal process outlined; however, CPD does not intend to turn over the supporting documentation or investigative records that serve as the basis for a gang designation. CPD incorporates its responses to Recommendations #20 and #23 above. After careful deliberation, CPD determined that written noti?cation to all persons designated as gang members is not safe or proper, and may actually create a greater risk of gang violence. Both for those designated as gang members in the past and under the new policy moving forward, CPD would have serious logistical issues accurately identifying a gang member or af?liate's correct address. As such, sending noti?cation letters to individual addresses could serve to cause greater confusion and frustration between the community and the police, and actually initiate more violence if the noti?cation letter is intercepted into the wrong hands. Instead, as part of its overall police reform efforts, CPD is currently working through a noti?cation process to communicate certain rights or other procedures to individuals who interact with the police. CPD intends to incorporate a noti?cation of gang designations into this process, and inform subjects in person that they may have been identi?ed as a gang member or af?liate during the course of an investigation or interaction. The noti?cation would inform the subject that he or she may have been identi?ed as a gang member or af?liate, subject of course to review and approval under the criteria. Further, it will set forth the process to appeal such a determination and seek removal from the Criminal Enterprise Database. I CPD has also committed to a process that will allow individuals to determine whether they are I designated as a gang member or af?liate. If identi?ed in the Criminal Enterprise Database, the person can then challenge that determination. CPD will make information about this process available through its website, at local district Stations, and allow members of the general public to submit email inquiries to obtain more information. A fee is not required in order to access the person's gang status. . From Section ?Any person may seek to access or appeal the status of his or her own street gang or criminal enterprise membership or af?liation in the Criminal Enterprise Database. A parent or legal guardian of a minor under the age of eighteen may make a request for access or appeal on behalf of his or her child. To access the status of gang membership or affiliation in the Criminal Enterprise Database, (.1 person must: a. make a request at the Access and Review Unit, Records Division, located at Public Safety Headquarters, 3510 South Michigan Avenue, 1 st ?oor, Monday through Friday, 0800?1530 hours, excluding holidays; b. complete the Criminal Enterprise Database Access form (CPD-31. 615) provided by the Department; and 25 Page PAC I47 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 c. submit valid government identification." From Section IX (A (5) "District commanders will: (5) make general information about the access and removal process associated with the Criminal Enterprise Database available to the general public at the district station. From Section (D): "The Director, Information Services Division, will: (5) create an online website that provides general information about the Department's Criminal Enterprise Database policy and the process to access and remove a person?s gang membership or a?iliation status within the Criminal Enterprise Database, and (6) create and monitor the email address and establish a protocol to respond to emails from the general public with general information about how to access and remove a person 's gang membership or a?iliation status from the Criminal Enterprise Database. Additionally, within its proposed Criminal Enterprise Database directive, CPD has laid out a formal appeal process to remove gang determinations from the system. The appeal process is free of cost upon positively establishing the individual's identity with valid identi?cation. CPD does not plan to turn over supporting documentation that may be part of an investigation to the individual submitting an appeal, as this would be inappropriate particularly where a criminal proceeding is or has taken place. The relevant portion of the appeal process is set forth below: From Section "To appeal the status of gang membership or affiliation in the Criminal Enterprise Database, a person must: a. make a request at the Access and Review Unit, Records Division, located at Public Safety Headquarters, 3510 South Michigan Avenue, I st floor, Monday through Friday, 0800?1200 hours, excluding holidays; b. complete the Criminal Enterprise Database Appeal form (CPD-31.625) provided by the Department; I NOTE: The requestor may also submit any supporting documentation or references that he or she deems relevant for the Department ?s consideration. c. submit valid government identification; and NOTE: A minor ?s parent or legal guardian making a request on behalf of a minor must provide legal documentation to verify that he or she is the parent or legal guardian. d. cooperate with a background investigation conducted by the Chicago Police Department. D. Upon receipt of the completed request ?'om the Records Division, the Deployment Operations Section, the Gang Investigation Division and the District Intelligence O?icer of the affected District will consult with the Office of Legal Affairs to determine if the criteria is met and the information will be deleted from the Criminal Enterprise Database. E. If the criteria is met, the Commander, Deployment Operations Section, will inform the Director, Information Services Division, who will ensure the individual ?s name, other identifiers, 26ll?ugc I48 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 and records indicating street gang or criminal enterprise membership or affiliation are removed from the Criminal Enterprise Database. NOTE: Individuals who meet the criteria for removal will have their information removed from the Criminal Enterprise Database only. Historical records will be maintained in source data systems, as appropriate, and subject to federal, state, and local laws. Department members and law enforcement personnel will rely solely upon the Criminal Enterprise Database to determine an individual ?s active gang affiliation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. F. Upon request to access or appeal the status in the Criminal Enterprise Database, an individual who is not identified in the Criminal Enterprise Database or who has had his or her information removed following a successful appeal may request and obtain a letter from the Department indicating his or her current status in the Criminal Enterprise Database. C. Police Legitimcy Community Involvement [Recommendations 25-261 CPD does not interpret these recommendations to apply its speci?c written policy on collecting and managing gang information. Rather, recommendations 24-26 address outreach efforts and updates on the policy and additional data outputs. As set forth above, CPD plans to open its proposed Criminal Enterprise Database directive for a public comment period due to substantial public interest in this topic. CPD will take public comments and proposed edits into consideration before issuing its ?nal policy. Recommendation 25: Participate in a committee of stakeholders formed by the City to address ongoing reforms. CPD Response #25: CPD will open its proposed directive up for public comment. As discussed previously, CPD has participated in various policy discussions and internal reforms that are of substantial public interest over the past several years. Consistent with these prior efforts, the Chicago Police Department does plan to submit its dra? directive for public comment, and will include community feedback before ?nal issuance of the Criminal Enterprise Database policy. As part of its ongoing efforts to grow community partnerships and public trust, CPD will notify its stakeholder partners throughout the City about the public comment period to encourage meaningful participation and feedback. Additionally, CPD plans to engage City Council members on the details of its draft policy to receive their input before final issuance as well. 27?Pagc PAGE I49 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 Recommendation 26: Continue to build partnerships with community-based organizations to foster collaborative solutions to gang?related violence. CPD Response #26: CPD concurs with Recommendation #26. Building community partnerships to problem solve and reduce violence is currently a benchmark of CPD's Office of Community Policing. Again, this is an ongoing focus within CPD's community policing strategy. Over the past few years, and in coordination with a panel of national experts and community leaders, CPD created an Of?ce of Community Policing under the purview of Superintendent Eddie Johnson. The cornerstone of the Of?ce of Community Policing's mission has been to revitalize effective problem solving activities and reduce Violent crime while building community trust. CPD wholeheartedly agrees with this recommendation and will continue to build its violence reduction efforts in partnership with community-based organizations. Recommendation 27: Regularly report on CPD's data collection, storage, sharing, and use of gang data. CPD Response #27: CPD partially concurs with Recommendation #27. CPD will publicly report aggregate data within the Criminal Enterprise Database, but has not yet decided what level of specificity is appropriate. CPD is also currently in the process of enhancing its transparency, and has been regularly reporting relevant data points, enforcement efforts, and crime statistics. CPD is currently discussing internally on how to integrate progress updates and aggregate ?gures on the Criminal Enterprise Database. CPD will consider the appropriate avenues to make aggregate data available as the new policy is implemented, ongoing audits are conducted, and re?ned data becomes available in accordance with the new criteria and process. At this time, CPD makes no commitment as to the categories of aggregate data it will produce. D. To the City of Chicago (Recommendations 28-30! CPD defers to the City of Chicago on decisions about its legislative agenda and community engagement efforts. In line with the theme of several recommendations in the 01G report, any legislative initiative should provide ample room for CPD to continue to modify, update, and improve its gang collection and management practices moving forward. 8:22? . Eddie T. John on Superintendent of Police 28 Page ISO REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 APPENDIX K: DRAFT GENERAL ORDER Chicago Police Department General Order G10-01-O3 CRIMINAL ENTERPRISE DATABASE ISSUE DATE 08 April 2019 EFFECTIVE DATE: I 08 April 2019 RESCINDS: INDEX CATEGORY: Gang and Narcotic Abatement I. PURPOSE This directive introduces: A. the Criminal Enterprise Database. B. a revised criminal enterprise and gang af?liation identification criteria. C. procedures for entering persons into the Criminal Enterprise Database. D. responsibilities for reviewing, auditing, and purging listings from the Criminal Enterprise Database. E. the Criminal Enterprise DatabaSe Access form (CPD-31.615) and the Criminal Enterprise Database Appeal form ll. ILLINOIS COMPLIED STATUTES (ILCS): Illinois Compiled Statutes, 740 ILCS 147 Illinois Street Gang Terrorism Omnibus Prevention Act. 740 ILCS 147:5(13) The General Assembly ?nds that urban, suburban, and rural communities, neighborhoods and schools throughout the State are being terrorized and plundered by streetgangs. The General Assembly ?nds that there are now several hundred streetgangs operating in Illinois, and that while their terrorism is most widespread in urban areas, streetgangs are spreading into suburban and rural areas of Illinois. SCOPE The purpose of the Criminal Enterprise Database is to collect and manage criminal and gang intelligence information to prevent, detect, and investigate criminal activity. IV. CRIMINAL ENTERPRISE DATABASE A. The Criminal Enterprise Database is a CLEAR application used for the entry of information based on an individual's membership in or af?liation with a criminal enterprise or street gang. B. The Information Services Division will establish the Criminal Enterprise Database CLEAR application for use by authorized Department members. The Information Services Division will initially gather all existing Department gang-related information in conjunction with the appropriate Department personnel to apply the criteria delineated in Item VI of this directive to all existing Department gang- related information before entry in to the Criminal Enterprise Database. C. Only Department members who have completed the new user and any required continuing education training will have access to the Criminal Enterprise Database. D. Upon supervisory approval, all information entered into the Criminal Enterprise Database will be reviewed by the appropriate district intelligence of?cer and by the designated members of the Gang Investigation Division and the Deployment Operations Section. The Deployment Operations Section has ?nal authority to review, remove, and manage information within the Criminal Enterprise Database, unless as otherwise delineated in Item ofthis directive. V. DEFINITIONS Criminal Enterprise Database Current as of 08 April 2019: 1726 Chicago Police Department, April 2019 Page 1 of8 PAC ISI REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, ZOI9 A. Criminai Enterprise A group of individuals with an identified hierarchy or comparabie structure engaged in a course or pattern of criminai activity. 8. Street (sang ?Street gang? or ?gang? or "organized gang? or ?criminai street gang? means anyr combination; confederation, ailiance; network, conspiracy; understanding; or other simiiar conjoining; in iaw or in fact, of three or more persons with an established hierarchy that; through its membership or through the agency of any member engages in a course or pattern of criminal activity in accordance with the Ellinois Street Gang Terrorism Omnibus Prevention Act (Wit) C. Street Gang Member ?Street gang member? or ?gang member? means any person who actuaiiy and in tact beiongs to a gang and any person who knowingiy acts in the capacity of an agent for or accessory to; or is legaiiy accountable tor; or voiuntariiy associates himself or herself with a course or pattern of gangmrelated criminai activity; whether in a preparatory; executory; or coverwup phase of any activity; or who knowingly performs; aids; or abets any such activity in accordance with the lliinois Street Gang Terrorism Omnibus Prevention Act (74G ELCS 1-47), D. Hierarchy m- an organized chain of command or leadership structure; whether format or intormai; with an be interchangeabie. iv belonging to a criminai enterprise or street gang by whatever means or blishing a ciose connection as an accessory or associate with a criminal knowingly promoting the criminal activity of the criminai enterprise or street act or knowingiy tailing to take action which turthers the criminai; of which occurred within the test five years: murder; drug is detention; aggravated assaultmdischarging firearm; induced homicid aggravated battery; heino aggravated battery of a explosives or incendiary bv feions or persons in the custody it firearm; mob action?vioience; bribed,r armed vi cannabis trafficking; caicuiated crimina annabis on: or delivery! of a controlled substa conspiracy and rotated offenses. weapons; uniawfui use or possession of weapons epartment of Corrections; aggravated discharge of a manutacture or deiivery of cannabis; nd related oftenses; illegai manufacture nsrpi rac H. Quaii?fyihg Crimihat Offense any otfe so that inv threat of force against another individual; the use or possession of a firearm or other deadiy we pon; am.i offense that requires registration as a sex offender, a vioiation of an order of protection or no contact order; staiking; a violation of the Controlied Substances Act or Cannabis Controi A VI. QREMINAL ENTERPRESE AND GANG IQENTEFIQ Obi CRITERIA A. Criminai enterprises and street gangs wiil be identified: on the basis of specific; documented, and reiiabie information, inciuding but not limited to: analysis of crime pattern information; observations by Department members; 1 2 3. witness interviews; 4 interviews of admitted criminai enterprise or street gang members; and 5 information received trom informants who have proven to be reiiabie and whose information can be independently corroborated. Criminai Enterprise Database Current as of 08 Aprii 2019:1728 Chicago Poiice Department, April 2019 Page 2 of 8 PAC 152 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 E. Iviembership in or with a criminai enterprise or street gang must be substantiated by specitic, documented= and reiiabie information received by the Department within the past five years= and in accordance with the toiiovving: The individual?s own admission of membership or affiliation on lawfullv captured eiectronic or video recorded communications= such as camera: inwcar video system recordings= electronicaliv recorded interview: eiectronic communications, or a consensuai overhear device; or 2? Two or more of the foiiovving: a. an unrecorded or non?intercepted statement provided voluntarily by the individuai: or if a statement is made pursuant to a custodial interrogation, a statement provided by the individuai foilovving a Knowing= and voiuntarv waiver of his or her constitutionai rights. to. the earing of distinctive emblems] tattoos, or simiiar markings indicative of a specific i enterprise or street gang; but only when such emblems; tattoos, or similar .in would not reasonably be expected to be displayed by any individuai except the identifica ii? of" enterprise or street :3 penal institution. f. a violation, arrest: ation is either an eiernent oi the ecord as part of the criminal design NETE: Determinations regarding an individual members 'n or affiliation with a criminai enterprise or street gang not be based soleiv an individuai?s race: gender, religion, ethnicity, cuiture: socioeconomic st .- other protected ciasses consistent with {302434 ?Erohitiiticn Rena and ether Eias East-2d Poiicingf' VIE. PROCEDURES FER ENTERING THE ENTERPRISE BATABASE Foliowing the positive identification of a person with membership in or with a criminai enterprise or street gang: A. Department members will: ensure information and ali supporting documentation is entered into the CLEAR Criminal Enterprise Database accurateiv. 2. Eocate and make notation of any visibie scars, marks, or tattoos, it appiicable. Criminai Enterprise Database Current as of 08 Aprii 2019:1728 his Chicago F?oiice Department, April 2019 Page 3 of 8 PAC I53 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 3. ensure evidentiary electronic media, inciuding body?worn camera and in?car video system recordings, is property attached or saved, it applicabie. 4. notify a supervisor that the data entry is compiete and avaiiabie for review. B. Upon receiving notification of data entry, the reviewing supervisor will: 1. ensure that the data entry is in compiiance with item Vi and item ViiwA of this directive; and 2. approve data entry that is in compiiance with item ?v?i and item ?v?ll?A of this directive and forward the data entry to the appropriate district inteiligence officer and designated members of the Gang investigation Division for review. newness: an information entered into the Criminai Enterprise Database wiil be reviewed and managed by the Deployment Speraticns Section. VIEE. CRETERIA FOR REMOV THE ENTERPRISE QATABASE A. ienterprise-ra ted activity or has not been arrested, charged, petitioned for deiinduency, delinquent, or co ted ot a qualifying criminai oftense within the past tive years. it an arrest, B. ormation removed from the Criminai Enterprise Database if specific, documented, and reliabie information to establish EX. ACGESS AND REMOVAL OF (3 MSNAL EN DATAEASE A. Any person may obtain genierai into provided on the Department's heat the access and removal process through a link or by ending a general inquiry emaii to B. An individual who is identified in the nai abase may appeal and seek removal of his or her information to the designatedE Lini of this directive on the foilowing grounds: i. the information is not substantiated by speci ic, docume I and reiiapie information to estabiish membership or affiliation in a criminal enterprise, et gang in accordance with item of this directive; or 2. the individual has not committed an act in furthera fgang oricriminal?enterprise?reiated activity or been arrested, charged, petitioned for duency, found delinquent, or convicted of a quaiifying criminal offense within the past five years, and the information is eligibie for removal consistent with item \fiil cfthis directive. 0. Any person may seek to access or appeai the status of his or her own street gang or criminal enterprise membership or in the Criminal Enterprise Database. A parent or iegal guardian of a minor under the age of eighteen may make a request for access or appeal on pehait of his or her child. 1. To access the status of enterprise membership or affiliation in the Criminal Enterprise Database, a person must: a. mate a request at the Access and Review Unit, Records Division, iocated at Pubiic Safety Headquarters, 3510 South Michigan Avenue, 1st fioor, ivlonday through Friday, 08804530 hours, excluding holidays; Criminai Enterprise Database Current as of 08 Aprii 2019:t728 Chicago F?oiice Department, April 2019 Page it of 8 PAGE I54 REVIEW OE CHICAGO POLICE DEPARTMENTS b. complete the Criminai Enterprise Database Access form provided by the Department; and c. submit vaiid government identification. EttOt?E: A miner?s parent or legai guardian matting a request on behalf of a minor must provide iegai documentation to veritv that he or she is the parent or least guardian 2, To appeal the status of enterprise membership or in the Criminal Enterprise Database, a person must: a. matte a request at the Access and Review Unit, Records Division, iocated at Eubiic Safety Headquarters, 3510 South Michigan Avenue, 1st tioor, ivlonday through Friday, 08004200 hours, excluding holidays; b. plete the Criminai Enterprise Database Appeal form provided by partment; The requester may also submit any supporting documentation or references that he or she deems reievant for the Department?s consideration. ent identification; and he Records Division, the Depioyment Operations he district inteiligence officer of the affected district Wiil criteria is met and the information be Upon receipt of the com-able Section, the Gang Investigation Divis consult with the Office of Legal Aftairs? deieted from the Criminal Enterprise Da NGTE: The Office of Legai Aspire been met for removai Enterprise Database. if the criteria is met, the Commander, Deployment Operation Information Services Division, who ensure the individual' indicating street gang or criminai enterprise membership 0 Enterprise Database, identifiers, and records ration are removed from the Criminal NQTE: individuals who meet the criteria tor removat have their information removed from the Criminai Enterprise {Database only. Historical records \iviil be maintained in source data systems, as appropriate, and subject to federal, state, and iocai laws. Department members and tavv enforcement personnel will reiy soleiy upon the Criminal Enterprise Database to determine an individuai's active gang as retained historicai records may! contain outdated or unsubstantiated gang information Upon request to access or appeal the status in the Criminal Enterprise Database, an individuai who is not identified in the Criminai Enterprise Database or who has had his or her information removed fotiowing a successful appeai may request and obtain a ietter from the Department indicating his or her current status in the Criminat Enterprise Database, APRILII, 2OI9 Criminat Enterprise Database Current as of 08 Aprit 2019:1726 Chicago Poiice Department, April 2019 Page 5 of 8 PAC 155 REVIEW OE CHICAGO POLICE DEPARTMENTS APRILII, ZOI9 X. A. District commanders 1. ensure the district intelligence ctticer reviews: a. data entered into the Criminal Enterprise Database and that the determination of a persons gang/criminai enterprise membership er attiliation is substantiated by specific, documented, and reiiabie information consistent with item Vin of this directive; and b. requests to appeal the status of enterprise membership er in the Criminal Enterprise Database consistent with item of this directive. 2. annuaiiy, in coordination with the Gang investigation Division and other designated Department persennei, perform a gang audit in accerdance with ?Gang Audits,? updating,? rmation tor accuracy in the Criminal Enterprise Database. rnmanrier, Gang investigation Division, if appropriate, pefere requesting to ander, Depioyment Operations Section, to review requests to remove from the Criminal Enterprise Database. E3. Enterprise Database C. The Depioyment Operations Section l. tinaiize and update the Criminai Enterprise a. ct criminai street gangs and criminal enterprises ntified during the district gang audn; . b. Lipen successtui appeal of gang/criminai en rship or affiliation in the Criminal Enterprise Database; or c. upon request at the Commander, ang investigation Division, or a district commander. 2. publish in the Deitya Bulletin any newiy identified street gangs or criminal enterprises or when a criminai street gang or criminal enterprise has been eiiminated from "active? status. 3. inform the Director, information Services Division, when: a. it is appropriate te remove eiigiple individuais frem the Criminai Enterprise Database; and b. when a criminai street gang or criminal enterprise has been eiiminateci frem ?active? status. Criminai Enterprise Database Current as of 08 Aprii 2019:t728 Chicago F?oiice Department, April 2019 Page 6 of 8 PAC E156 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 D. The Director, information Services Division, will: i. maintain the Criminai Enterprise Database. perform a review and purge of Eistirigs in the Criminai Enterprise Database every five years. upon consuitation with the Commander, Deployment Operations Section, remove information for individuais who have not committed a new criminal offense or have not had a documented incident in furtherance of gang or criminalwehterprisewreiateo activity within the past five years. 4. remove eligible information when requested by the Commander, Depioyment Operations Section. 5. create an oniine website that provides generaf information to the public about: a. the Department?s Criminai Enterprise Database poiicv; and p. rocess to access and remove a person?s enterprise membership iliation status within the Criminal Enterprise Database. 6. and or the emaii address and establish a retocol to recap to emaits from the general pubiic with generat information about how to a person's enterprise membership or affiliation status from XL A. The information Criminai Enterp E3. 2. Members must compiete the or approve information in the USE The Criminai Enterprise Database is availabl acting in furtherance ot a legitimate iaw entorce? party for empioyment, education, licensing, or housing purposes REMINDER: it is the policy of the Chicago Police Department the suant to tederai law, the enforcement of immigration iavv generaiiy rests with nment and not with the state or iocai police. Department members con use to foilovv the procedures outiined in $054403 ?Respondind to Incidents Envolirin G. enship ?tatast? including compliance with the provisions ofthe City of Chicago?s Weioorning City Ordinance. XIEE. RECORD RETENTSON Any record maintained in the Criminal Enterprise Database must comply with iocal, state, and federal iaw. The Commander, Youth Investigations Division, ensure juvenite records that are part of the Criminal Criminai Enterprise Database Current as of 08 Aprii 2019:t728 Chicago F?oiice Department, April 2019 Page 7 of 8 PAGE I57 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRILII, 2OI9 Enterprise Detabaee are retained arid expunged in with ?ne Juveniie Court Act and any appIiCabEe Eecei, e?ate, 0r federal iew. Eddie T. Johnson Superintendent of Police ?18?01 3 Crimine? Ersterpriee Database Current as of 08 2019:1728 Chicago F?oiice Department, 2019 Page 3 of 8 PAC I58 MISSION The City of Chicago Office of Inspector General (OIC) is an independent, nonpartisan oversight agency whose mission is to promote economy, efficiency, effectiveness, and integrity in the administration of programs and operations of City government. OIC achieves this mission through, 0 administrative and criminal investigations by its Investigations Section; 0 performance audits of City programs and operations by its Audit and Program Review Section; 0 inspections, evaluations and reviews of City police and police accountability programs, operations, and policies by its Public Safety Section; and compliance audit and monitoring of City hiring and employment activities by its Hiring Oversight Unit. From these activities, OIC issues reports of findings and disciplinary and other recommendations to assure that City officials, employees, and vendors are held accountable for violations of laws and policies; to improve the efficiency, cost? effectiveness government operations and further to prevent, detect, identify, expose and eliminate waste, inefficiency, misconduct, fraud, corruption, and abuse of public authority and resources. AUTHORITY OlC?s authority to produce reports of its findings and recommendations is established in the City of Chicago Municipal Code ?035(c), 230, and 240. PUBLIC INQUIRIES: NATALIE A. KURIATA: (773) 478?0534 KU TO SUGGEST WAYS TO IMPROVE CITY GOVERNMENT, VISIT OUR WEBSITE: IGCHICAGOORG To REPORT FRAUD, WASTE, AND ABUSE IN CITY RRoo RAMs: CALL HOTLINE (866) 448?4754 Trv: (773) 478?2066 OR VISIT OUR WEBSITE: IGCH