APRIL 2019 CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL REPORT OF THE PUBLIC SAFETY SECTION OF THE OFFICE OF INSPECTOR GENERAL IGCHICAGO.ORG OIG TIPLINE: (866) 448-4754 TTY: (773) 478-2066 JOSEPH M. FERGUSON INSPECTOR GENERAL CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL 740 NORTH SEDGWICK STREET, SUITE 200 CHICAGO, ILLINOIS 60654 TELEPHONE: (773) 478-7799 FAX: (773) 478-3949 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: Rather than a unified standalone system, as publicly perceived, the Department has, over time, built a patchwork of data systems, visualization tools, and computer review found that: 1) CPD lacks sufficient controls for generating, maintaining, and sharing gang-related data; 2) CPD gang information practices lack procedural fairness protections; 3) CPD gang designations raise significant data quality concerns; and 4) CPD practices and lack of transparency regarding its gang designations strain police-community relations.. Chicag s communities, police, and elected officials are engaged in an ongoing discussion about how CPD collects, maintains, uses, and shares gang-related data. Public forums, media coverage, litigation, and academic studies have deliberated on the topic, but a lack of clarity around what is gang d remained. As soon as the Public Safety section of the Office of the Inspector General (OIG) became operational in 2017, OIG began fielding concerns from members of the d the accuracy of the information, the length of time such information is maintained, and the potential lifealtering impact the use of such information can have on individuals, particularly young Black or African American and Latinx men.1 Consistent with many of the concerns raised to OIG by members of the public, our review concluded that resent certain risks that, if left unaddressed, will continue to undermine public trust and confidence in the police and, because of the broad perception and the lived experience of many, that the current system causes significant collateral consequences for individuals and communities. Of the 134,242 individuals designated as gang members in Gang Arrest Cards over the past 20 years, Black or African American and Latinx males comprise 91.3%. 1 IGCHICAGO.ORG OIG TIPLINE: (866) 448-4754 TTY: (773) 478-2066 More specifically, in which individuals are listed with blank or conflicting Identification Record numbers, birthdates, and other classifications. OIG identified records in which individuals had 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, permanent and inescapable. Once designated, an individual is listed as a gang forever. Additionally, some entries raise serious concerns about how CPD officers perceive and treat the people with whom they interact. OIG found that CPD officers entered occupations for individuals on gang arrest cards that included sic Such ractices and how such information systems can be employed to demean and dehumanize members of the public. CPD shares information with over 500 external agencies, including immigration and criminal justice agencies. CPD lacks sufficient control and 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, designations have strained police-community relations. Community members d -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 Commun these experiences can be viewed on www.igchicago.org. 2 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, OIG provided 30 recommendations to encourage CPD to 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; 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; regularly reviewing gang designations to identify inaccurate or outdated designations; developing a means to purge inaccurate or outdated information; establishing formal agreements with external agencies and regularly audit • of gang-related data. In its response to this report, CPD ngs, largely concurred with many of , and partially concurred or disagreed with others. CPD acknowledged that its gang information policies, practices, and technology had t 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 of outdated gang information, and a process for members of the 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 measures diverge from 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. OIG 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. also with the proposal of an appeals process that involves several substantive barriers and no additional protections for juveniles. 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 of this 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 OIG 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 violence reduction efforts and they must include community voices. OIG 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. Respectfully, Joseph Lipari Deputy Inspector General for Public Safety City of Chicago PAGE 4 APRIL 11, 2019 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ........................................................................................................................................... 3 OVERVIEW OF FINDINGS ................................................................................................................................................. 5 1. CPD lacks sufficient controls in generating, maintaining, and sharing gangrelated data ................................................................................................................................................................. 5 2. g information practices lack procedural fairness protections ................................. 5 3. .................................................. 6 4. strain police-community relations............................................................................................................. 6 B. OVERVIEW OF KEY RECOMMENDATIONS ......................................................................................................... 6 II. OBJECTIVES, SCOPE, AND METHODOLOGY ........................................................................................... 8 III. BACKGROUND .......................................................................................................................................................... 10 A. STAKEHOLDER CONCERNS.......................................................................................................................................... 10 B. DEPARTMENT OF JUSTICE FINDINGS .................................................................................................................... 11 C. LOCAL ACADEMIC STUDIES AND MEDIA............................................................................................................. 11 D. ............................................................................................................. 12 E. LEGISLATIVE PROPOSALS ............................................................................................................................................. 13 F. RECENT CPD STATEMENTS ON GANG INFORMATION ........................................................................... 13 G. ON ........................................................................................................................................ 14 H. POTENTIAL COLLATERAL CONSEQUENCES OF CPD .................. 28 IV. DATA ANALYSIS ....................................................................................................................................................... 32 A. GANG ARREST CARDS ....................................................................................................................................................... 32 V. FINDINGS .................................................................................................................................................................... 44 A. CPD LACKS SUFFICIENT CONTROLS IN GENERATING, MAINTAINING, AND SHARING GANG-RELATED DATA .................................................................................................................. 44 B. ON PRACTICES LACK PROCEDURAL FAIRNESS PROTECTIONS .............................................................................................................................................................. 47 C. RDS RAISE SIGNIFICANT DATA QUALITY CONCERNS................. 48 D. LACK OF TRANSPARENCY REGARDING ITS GANG DESIGNATIONS STRAIN POLICE-COMMUNITY RELATIONS..................................................... 49 VI. RECOMMENDATIONS .......................................................................................................................................... 52 A. UTILITY AND ALIGNMEN E REDUCTION EFFORTS ............................. 52 B. CONTROLS AND PROCEDURAL FAIRNESS PROTECTIONS ................................................................ 54 C. POLICE LEGITIMACY AND COMMUNITY INVOLVEMENT ...................................................................... 58 VII. DEPARTMENT RESPONSE ................................................................................................................................ 60 VIII. APPENDIX A: CPD BUREAUS AND DIVISIONS INVOLVED IN GANG DESIGNATION, TRACKING, AND ENFORCEMENT ............................................................................... 61 IX. APPENDIX B: ADDITIONAL INFORMATION REGARDING POTENTIAL COLLATERAL CONSEQUEN SIGNATIONS ......................................... 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 ................................................................................................................................................................................ 100 XIII. APPENDIX F: APPLICATION FOR EXTERNAL AGENCY ACCESS TO CLEAR....................... 114 XIV. APPENDIX G: GANG ARREST CARD ALLEGATIONS ......................................................................... 116 A. PAGE 1 APRIL 11, 2019 XV. APPENDIX H: GANG ARREST COUNTS BY COMMUNITY AREA (JANUARY 1, 1997, THROUGH NOVEMBER 7, 2018) ........................................................................................................ 118 XVI. APPENDIX I: GLOSSARY.................................................................................................................................... 120 XVII. APPENDIX J: CP .................................................................................................123 XVIII. APPENDIX K: DRAFT GENERAL ORDER G10-01-03 ......................................................................... 151 ACRONYMS CCSAO CED CI CLEAR CPD CPS DACA DOC DOJ FOIA ICRA ICE IDOC ISP ISR LEADS LRA OIG UIC Criminal Enterprise Database Confidential Informant Citizen and Law Enforcement Analysis and Reporting Chicago Police Department Chicago Public Schools Deferred Action for Childhood Arrivals Deployment Operations Center United States Department of Justice Freedom of Information Act Illinois Civil Rights Act Immigration and Customs Enforcement Illinois Department of Corrections Illinois State Police Investigatory Stop Report Law Enforcement Agencies Data System Local Records Act Office of Inspector General University of Illinois at Chicago PAGE 2 APRIL 11, 2019 I. EXECUTIVE SUMMARY gang-related data, 3 commonly referred to by the public as the while the Chicago Police Department (CPD ) deploys a host of strategies, tactics, and technology in relation to gangs, it does not have a unified, standd. Instead, the Department collects and stores information on individual and geographic gang involvement through a multitude of internal databases, 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 understanding of the various components and current technological limitations. Department personnel across ranks and Bureaus regarding gang information -related data in -related data. Further, OIG attended public forums with community members regarding ; reviewed local, federal, and state statutes; reviewed policies regarding gang designations from other jurisdictions; and spoke with local and national law enforcement, community-based, research, criminal justice, 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 of the 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. OIG 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 10 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 criminal justice agencies. These designations may contribute to a variety of adverse consequences for individuals and 3 gangDepartment forms and systems visualization tools. here such information resides. For the -involved. this information can also appear in various Department reports and PAGE 3 APRIL 11, 2019 communities in, among others, law enforcement, criminal justice, immigration, and employment contexts. OIG focused its analysis on gang designations appearing in CPD Gang Arrest Cards, which are completed for individuals who an arresting officer believes is a gang member. OIG did so because these data relate to individuals whose identities are most reliably verifiable as compared to numerous other CPD records containing gang information. of Gang Arrest Card data found that Black, African American, and Latinx persons comprise 95% of the 134,242 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. OIG 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. : 1) CPD lacks sufficient controls for generating, maintaining, and sharing gang-related data; 2) fairness protections concerns; and 4) es and lack of transparency regarding its gang designations strain police-community relations. As a result of the insufficient controls, lack of procedural fairness protections, data quality concerns, and impact on police-community relations, CPD: • • • • • • Cannot confirm that all of its gang designations are accurate and up-todate; Cannot ensure that CPD members designate individuals as gang members with sufficient, reliable evidence corroborating actual gang involvement; Maintains gang information for long periods of time despite state records retention laws that allow such information to be destroyed and Department policies requiring this destruction; 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; 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 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. PAGE 4 APRIL 11, 2019 A. OVERVIEW OF FINDINGS 1. 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 OIG 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 Citizen and Law Enforcement Analysis and Reporting (CLEAR), which only provides OI analysis of external agencies with access to gang information revealed external agencies with access CPD did not disclose to OIG, and the Department was unable to explain why the list it provided to OIG was incomplete. 2. 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 designat 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 19 years. Another person was first designated as a gang member at the age of 75 and has remained designated for 10 years. The coupling of a lack of controls with the absence of procedural fairness protections inhibits accuracy of its information, and potentially undermines public confidence in the PAGE 5 APRIL 11, 2019 3. -related data is captured in Gang Ar instances in which individuals are listed with blank or conflicting Identification Record (IR) numbers, birthdates, and other classifications. For example, OIG found 90 records in which an individual had a birth date prior to 1901, and another 80 records in which 4. practices and lack of transparency regarding its gang designations strain police-community relations In interviews and at public forums, OIG heard from Chicago community members who expressed fear and uncertainty about the criteria, use, structure, and purpose of During the review, community members also reported personal accounts to OIG in which their 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 OIG, it is apparent that the lack of , coupled with community experiences of gang database -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 undertake a holistic evaluation of the ongoing utility and impacts of continuing to collect gang designations. If the Department elects to continue collecting these data, CPD and the City of Chicago must implement comprehensive changes to address the issues detailed in this report. OIG offers 30 recommendations on the utility, collection, maintenance, sharing, impacts, and data q recommendations to CPD and the City include: • • • • Evaluate, in partnership with stakeholders, whether collecting, maintaining, sharing, and using gang information best serves violence reduction efforts in the city, including with consideration of the collateral consequences of these practices. Avenues for partnership may include, but are not limited to: conducting a formal and publicly reported evaluation, holding public hearings, and participating in City Council hearings; Codify processes for supervisory and/or expert-level review of gang designations; Formally require the inclusion and assessment of specified types of evidence required to support proposed gang designations; Notify individuals who have been designated as a gang member; PAGE 6 APRIL 11, 2019 • • • • • • • • Establish a process by which individuals can contest or appeal their gang designation; Regularly review gang designations to evaluate ongoing accuracy; Develop and implement a means to purge inaccurate or outdated gang designations; Establish formal written agreements with external agencies and regularly audit external agency access and use based on clearly defined metrics; , and sharing of gang-related data; Consider implementing additional protections and restrictions for sharing gang-related data with external agencies including, but not limited to, immigration enforcement agencies; Establish a committee of stakeholders with a formal role in ongoing reforms; and Consider legislative amendments to the Welcoming City Ordinance that would member either in a law enforcement agency's database or by his own In its response to this report, CPD largely concurred with many of and partially concurred or disagreed with others. CPD acknowledged that its gang information policies, practices, and technology had impeded the Dep information. CPD proposed the development of a new system to collect and store gang information, the Criminal Enterprise Database (CED). As proposed by the Department, CED will be a single, unified system that ensures the inclusion of updated and vetted information, the purging of outdated gang information, and a process for members of the public to ascertain and appeal their designation as a gang member or affiliate. CPD also indicated that the new system will incorporate additional protections when sharing gang information with third parties. However, it should be noted that these proposed controls and reforms do not apply to the gang information currently maintained by the Department and that this unverified, outdated information will remain available to any officer or department that currently has access to this information. While the Department has signaled intentions to reform its gang-related technology oposed measures diverge from T that CPD will not engage with community stakeholders in the fashion that OIG recommends. also recommendations with the proposal of an appeals process that involves several substantive barriers and no additional protections for juveniles. PAGE 7 APRIL 11, 2019 II. OBJECTIVES, SCOPE, AND METHODOLOGY -related data. The purposes of this report are gang designation practices, identify the risks associated with these practices, and provide recommendations to address such risks. This report does not examine the accu the information after it is collected, including for investigative purposes. In the course of its review, OIG examined relevant Department directives, attended gang-related trainings at the Training Academy, and interviewed Department personnel across ranks from the Bureaus of Patrol, Detectives, Organized Crime, Organizational Development, and Technical Services. OIG also examined various forms, databases, and visualization tools the Department uses to capture, store, access, and formally share gang information. OIG additionally reviewed policies and interviewed representatives from other municipalities that collect and store gang information, including New York City, New York; Los Angeles, California; Providence, Rhode Island; Boston, Massachusetts; and Portland, Oregon. OIG also interviewed the California State Auditor regarding its 2016 report on the CalGang Criminal Intelligence System.4 OIG also interviewed academics with expertise in matters pertaining to gangs. Chicago Public Schools (CPS) Safety and Security, Cook Illinois Department of Juvenile Justice to determine how CPD shares information about gang designations with external agencies.5 OIG also reviewed pertinent federal, state, and local statutes to identify ways in which gang designations may contribute to potential consequences in the areas of criminal justice and immigration, as well as to identify various standards pertaining to gang designations and data sharing. OIG also relied on state statutes, administrative regulations, and CPD policies when examining local file retention requirements. The CalGang Criminal Intelligence System, accessed February 2, 2019, https://www.auditor.ca.gov/pdfs/reports/2015-130.pdf. 5 OIG was unable to engage all of the entities relevant to this topic. The Illinois Department of Corrections (IDOC) responded that they could not speak with the OIG because their directives did not permit them to disclose requested information about how IDOC tracks and utilizes gang-related data and receives and shares gang-related data with CPD. Five separate requests to arrange an interview with the Cook County Department of Corrections (CCDOC) to gain an understanding about how CCDOC tracks and utilizes gang-related data and receives and shares gang-related data with CPD was, on each occasion, unfulfilled. 4 PAGE 8 APRIL 11, 2019 The data analysis included in this report extends to data from January 1, 1997, through November 7, 2018 for which CPD provided direct access to the data. OIG validated the final dataset for all Gang Arrest Cards through a random selection process and compared this information to data in Citizen and Law Enforcement Analysis and Reporting (CLEAR). Additionally, OIG examined arrest allegations associated with Gang Arrest Cards, as well as the frequency with which external 2018. Finally, OIG participated in public forums in four Chicago communities on the South and interviewed community organizations to hear the concerns and perspectives of .6 - means the labeling of an individual or area as gangate gang designations documented by CPD in Department forms and systems this information can also appear in various Department reports and visualization tools. OIG conducted this review in accordance with Green Book standards under the authority of City of Chicago Municipal Code §§ 2-56-210 and §§ 2-56-230(d). 6 the Yards in March and April of 2018. The sessions provided a forum for participants to communicate Public Libraries, one session was held in a Chicago Park District, and one was held in a Chicago Public School. OIG staff also observed two gang database community events in June of 2018. PAGE 9 APRIL 11, 2019 III. BACKGROUND A number of police departments and communities around the country are assessing the utility and ramifications of tracking gang-related data. The national discussion has been and continues to resonate as an issue of great local concern. OIG conducted this review in response to and in consideration of a variety of stakeholder concerns. A. STAKEHOLDER CONCERNS OIG interviewed a diverse collection of local and national stakeholders including: law enforcement officials, community organizations, criminal justice agencies, academics, auditing agencies, criminal and civil rights attorneys, and members of numerous communities in Chicago. Among these stakeholders, OIG consistently heard the following: • • • • • • • Violence is a critical concern for individuals and communities. Gangs typically form out of a context of inequality, such as discrimination, poverty, lack of employment opportunities, and lack of safety. Although gangs play a role in violence, an over-reliance on gang designations may obscure the fact that numerous violent incidents are the result of interpersonal disputes rather than on the basis of gang affiliations. If law enforcement agencies continue to utilize gang databases, controls and procedural protections must be instituted to ensure accuracy and procedural fairness for designated individuals. The criteria utilized to identify individuals as gang members may be overly inclusive, resulting in over-identification, criminalization, and resulting stigmatization that alienates individuals and communities from the police. Gang designations can result in serious collateral consequences for individuals designated as gang members and their families, in areas including, but not limited to: criminal justice, education, public benefits, immigration, and differential treatment in encounters with the police. The majority of individuals designated by law enforcement as gang members are Black or African American and Latinx, disproportionate to local and national demographics. In Chicago, recent investigations, publications, lawsuits, and legislation have raised , maintenance, use, and sharing of gang designations, and whether these are based on accurate information, improve public safety, provide procedural fairness protections, impact police-community relations, and result in collateral consequences for individuals and communities. PAGE 10 APRIL 11, 2019 B. DEPARTMENT OF JUSTICE FINDINGS The January 2017 Department of Justice (DOJ) investigation of CPD found that the -related intelligence-gathering methods potentially place individuals at risk. These practices included arresting or detaining individuals and refusing to release them until they share information about gang-related activities. The practices cited by DOJ also included officers taking youth to a rival gang neighborhood and either leaving the individual there or displaying the individual to 7 DOJ cited experiences from youth who stated that, when interacting with CPD, officers suspect that youth are engaged in criminal activity or members of a gang based solely on their appearance. Members of various Chicago communities also expressed to DOJ eople, but because it also provides a false narrative that can follow these individuals in future interactions with 8 C. LOCAL ACADEMIC STUDIES AND MEDIA The University of Illinois at Chicago (UIC) Policing in Chicago Research Group released the first in February 2018 9 promotes racial discrimination.10 In addition, press outlets in 2017 and 2018 reported on alleged inaccuracies and racial inequalities found in gang-related data released by 7 February 1, 2019, https://www.justice.gov/opa/file/925846/download, see p. 15-16 regarding the practices of officers taking youth to a rival gang neighborhood. 8 United States Department of Justice Civil Ri February 1, 2019, https://www.justice.gov/opa/file/925846/download. 9 http://erasethedatabase.com/wpcontent/uploads/2018/02/Tracked-Targeted-0217.pdf. UIC Policing In Chicago Research Group, in collaboration with The Chicago Coalition To Expand Sanctuary and The Campaign To Erase The Gan http://erasethedatabase.com/wp-content/uploads/2018/07/Expansive-and-Focused-Surveillance-June2018_final.pdf. 10 OIG has not evaluated the methodology of the UIC studies and therefore cannot confirm its findings. PAGE 11 APRIL 11, 2019 CPD through FOIA requests.11 Finally, over the past two years community groups 12 D. RECENT “GANG DATABASE” LITIGATION In May 2017, the MacArthur Justice Center filed a federal lawsuit on behalf of Wilmer Catalan-Ramirez alleging violations of 42 USC § 1983, the Monell doctrine, and the Illinois Civil Rights Act (ICRA), for injuries arising from his designation as a gang member by CPD.13 Catalans designations violated the prohibition on racial and ethnic discrimination through the methods used for gathering and sharing information about alleged gang members. Catalan-Ramirez further alleged that his inclusion in the database violated his right to due process, and that he was denied immigration relief as a result, thus leaving him wrongfully vulnerable to deportation. On December 5, 2017, the City of Chicago settled the suit. In the settlement, CPD ackn Catalan-Ramirez is a gang member as defined by the Illinois Streetgang Terrorism 14 On June 19, 2018, several organizational plaintiffs15 and four individual plaintiffs16 filed a federal civil rights class action complaint alleging systematic deficiencies and inclusive, and error- bases We Got From Illinois State Police, Cook County ProPublica Illinois, July 20, 2018, accessed February 1, 2019, https://www.propublica.org/article/chicago-illinois-gang-databases-download-propublica-datastore Chicago Tribune, August 9, 2018, accessed February 1, 2019, https://www.chicagotribune.com/news/local/breaking/ct-met-chicago-police-gang-database-juveniles20180725-story.html. 12 accessed February 1, 2019, https://www.ctulocal1.org/posts/event/black-brown-educators-a-teach-in-onthe-gang-database/, and Organized Communities Against Deportations (OCAD) et al rase the http://erasethedatabase.com/press/. 13 Catalan-Ramirez v. Wong, et al., No. 17-cv-3258 (N.D. Ill filed May 01, 2017) and Pedrote-Salinas v. Johnson, et al., No. 17-cv-5093 (N.D. Ill filed July 11, 2017). 14 Settlement Agreement at 8, Catalan-Ramirez v. Wong, et al., No. 17-cv-3258 (N.D. Ill. Dec. 5, 2017). 15 Chicagoans for an End to the Gang Database, Black Youth Project 100 Chicago, Blocks Together, Brighton Park Neighborhood Council, Latino Union, Mijente, and Organized Communities Against Deportations. Chicagoans For An End To The Gang Database v. City of Chicago, et al., No. 18-cv-4242 (N.D. Ill filed June 19, 2018). Chicagoans for an End to the Gang Database is a coalition of community organizations as well as individuals. 16 Donta Lucas, Jonathan Warner, Lester Cooper, and Luis Pedrote-Salinas. Chicagoans For An End To The Gang Database v. City of Chicago, et al., No. 18-cv-4242 (N.D. Ill filed June 19, 2018). 11 PAGE 12 APRIL 11, 2019 people for inclusion in the database. This pending lawsuit17 additionally alleges that third-party agencies, causing significant known and unknown harm to class members, including deprivations of 18 E. LEGISLATIVE PROPOSALS On July 25, 2018, legislation with 46 aldermanic was introduced in the City Council which referred it to the City Council Committee on Public Safety. As introduced, the ordinance proposes, among other provisions: 1. Prohibition of CPD from designating individuals as gang members and maintaining a gang database, absent [independent analysis] establishing enforcement-related purpose that outweighs the harm caused to individuals who are designated as gang members; 2. 3. 4. professionally accepted standards and regularly audited; Individuals included in the database [must] receive notice and opportunity to challenge their designation; CPD is prohibited from sharing gang designations and/or information contained in the gang database with any third party; and 5. 19 As of the date of publication of this report, the proposal remains pending in the Public Safety Committee of the City Council where a hearing has not been set. F. RECENT CPD STATEMENTS ON GANG INFORMATION , that some people may be mis-identified [as gang members], and we are looking at [CPD] to know who the people are in this city as well as in this state who are The suit is still pending as of the date of publication. Chicagoans For An End To The Gang Database v. City of Chicago, et al., No. 18-cv-4242 (N.D. Ill filed June 19, 2018). 19 Chapter 2-84 by adding new Sections 2-84-501 through 2-842018, accessed February 1, 2019, https://chicago.legistar.com/LegislationDetail.aspx?ID=3584670&GUID=8042C182-BD43-4AA5-85313EE0782E6CAC&Options=Advanced&Search=. 17 18 PAGE 13 APRIL 11, 2019 committing crimes and are affiliated with gangs, but I also think we have a was working independently on revising protocols and practices regarding its gang information. G. CPD’S GANG INFORMATION PURPOSE In interviews with OIG, Department members identified the following purposes for collecting gang-related data: • • • • • • ; Safety of the individual if they become incarcerated, to ensure they are not ; Investigative, to help Department members identify associations between people; Preventing retaliations through the deployment of police resources; Solidifying Racketeer Influenced and Corrupt Organizations Act charges for gangs; and Strengthening criminal charges when gang membership is an element of the crime. DEFINITION OF A GANG There is no single definition of a gang laws, policies, research, and individuals vary in their conceptualization of gangs. CPD as well as national and local laws focus Code § 521 as an ongoing group, club, organization, or association of five or more persons: • • • that has as one of its primary purposes the commission of one or more of the criminal offenses described in subsection (c);20 the members of which engage, or have engaged within the past five years, in a continuing series of offenses described in subsection (c); and the activities of which affect interstate or foreign commerce. The Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147) defines a gang as, a controlled substance (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)) for which the maximum penalty is not less than five years; (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and (3) conspiracy to commit an offense 20 PAGE 14 APRIL 11, 2019 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 of 21 CPD has defined ga 22 -related training that gang: 23 TRAINING Incoming Department members currently receive six hours of training regarding addresses gangViolence Reduc addresses relating to gangs, as well as technological tools available for policing gangs. All of the training occurs at the Training Academy when CPD members are considered recruits there are no official CPD refresher or update trainings after graduating from the Academy.24 Further, according to Departmental interviews, CPD teams with a specialization in gangs, such as the Gang Enforcement Teams and the Gang Investigations Teams, receive no additional internal gang-related trainings beyond the six hours members received as new recruits at the Training Academy. INTERNAL ENTRY/ACCESS According to Departmental interviews, every sworn member has access to certain -related data, including gang designations recorded on Investigatory Stop Reports (ISRs) and Gang Arrest Cards. Any sworn member can designate an individual as a gang member on these forms.25 CPD members further indicated in interviews that the majority of gang designations are generated by officers in the Bureau of Patrol. However, Bureaus and Divisions across the 21 740 ILCS 147/10 22 https://home.chicagopolice.org/community/gang-awareness. This webpage is no longer active and this 23 24 ing on June 4, 2018. In interviews with CPD, Department members frequently stated that training on gangs after the According to interviews, CPD members generally complete forms electronically in various CPD databases rather than on paper. 25 PAGE 15 APRIL 11, 2019 Department vary in their access to other Departmental sources of gang-information and their tools for entering gang-related data.26 DESIGNATION OF INDIVIDUALS AS GANG-INVOLVED CPD designates individuals as gang members on a multitude of forms, and some of home address, nickname, tattoo description, and other identifiers. rder27 (S.O.) 10-0228 • • • • • -Related Identification of a criminal street gang must be based on analysis of crime pattern information; observations by Department members; witness interviews; interviews of admitted criminal street gang members; and information received from informants who have proven themselves to be reliable in the past.29 As enumerated in S.O. 10-02-03, identification of an individual as a criminal street experience and knowledge of criminal street gangs and corroborated by specific, • the individual's admission of membership; For additional information on the various Bureaus and Divisions CPD described to OIG as involved in gang designations, tracking, and enforcement, see Appendix A. 27 Publicly available directives can be found at http://directives.chicagopolice.org/directives/. 28 -02-03 Gang and NarcoticsJanuary 01, 2016, Section II, accessed February 1, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12a5752b-27112-a586-d845218c69a1f912.html. 26 -01 Gang Violence Reduct http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d31-16513-6d1d-382b311ddf65fd3a.pdf. 29 -02-03 Gang and Narcoticsaccessed February 1, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12a5752b-27112a586-d845218c69a1f912.html. PAGE 16 APRIL 11, 2019 • • • • the wearing of distinctive emblems, tattoos, or similar markings indicative of a specific criminal street gang;30 the use of signals or symbols distinctive of a specific criminal street gang; identification of the individual as a member or affiliate of a specific criminal organization by an individual who has provided reliable information to the Department in the past and whose information can be independently corroborated; and identification of individuals as a member of a specific criminal organization by another Department member who has specialized knowledge and expertise concerning the subject criminal organization.31 Notably, these criteria do not require participation in criminal activity for an individual to be designated by CPD as a gang member. In interviews with OIG, Department members indicated additional ways in which these designations may occur. Members stated that an officer may also designate an individuals designated as gang members, or when officers observe what they believe to be gang signals, in person or on social media. In gang-related investigations, the (CIs) and wiretaps to establish individuals as gang members. ing gang membership may be over-inclusive and less relevant to the landscape today. Y their hats as a fashion statement nowadays, Even if an individual may bear the visible t C DESIGNATION OF GEOGRAPHIC AREAS AS GANG-INVOLVED The Department also designates areas as gang-involved, including identifying geographic boundaries of gang activity and gang territories in Chicago. According to CPD S.O. 10-02designated as gang-involved based on the following criteria: As per S.O. 10-02not reasonably be expected to be displayed by any individual except a member of that specific criminal street gang. Membership may not be established solely because an individual is wearing clothing 30 -02-03 Gang and NarcoticsJanuary 01, 2016, Section II, accessed February 1, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12a5752b-27112-a586-d845218c69a1f912.html. 31 PAGE 17 APRIL 11, 2019 • • • • • • analysis of crime; objective input from the executive officer, watch operations lieutenants, station supervisors, the district tactical lieutenant, and the CAPS sergeant; information from Beat Community Meeting; input from community members, local community-based organizations, and elected officials; personal observations; intelligence; and other verifiable statistical information. In interviews with OIG, Department members stated that CPD may designate areas as gang-involved based on any of the following: the type of graffiti in the community, the number of gangof the gang-related history in the area. Further, when designating an area as a gang dly involving gangrelated activity and the number of gang-related loitering citations previously issued in the area. Once an area has been designated as gang-involved, CPD may deploy specific strategies to target gang members and activity in those areas. These strategies can include: Targeted Vehicle Enforcement, dispersing and/or arresting individuals believed to be gang members loitering with others believed to be gang members in rol and 32 Through CLEAR, map-based data visualization tool that allows CPD officers to look up gang boundaries and gang-identified individuals. People designated as gang members can be linked to areas designated as gang-involved. GANG-RELATED DATA TOOLS consists of many forms and webpages contained in CLEAR, CPD databases external to CLEAR, paper files, and information captured by external entities. CPD does not have a single gang database.33 Designations of individuals and areas as gang-involved can appear in a number of re distinctions between where the information can be entered and searched, saved and reported, and visualized. See Appendix B for more information about these area-related strategies. See Appendix C relationships between various systems in which gang-related data exist. 32 33 PAGE 18 APRIL 11, 2019 Citizen and Law Enforcement Analysis and Reporting (CLEAR) The CLEAR system consists of transactional applications, a data warehouse, and visualization tools.34 The transactional applications (through which officers can enter and search for data) in CLEAR allow Department members to complete reports such as Tactical Response Reports and Investigatory Stop Reports, as well as search for completed reports. Each application is separate from every other application; therefore, Department members can search for information about individuals in each application, or through the including Investigative Alerts, Sex Offenders, Cases, Adult and Juvenile Arrests, Search Warrants, Illinois Department of Corrections (IDOC) Records, Adult and Juvenile Warrants, Traffic Stops, Tactical Response, Contact Cards, Missing Persons, and Inventories. Information entered into CLEAR applications by officers is 35 automatically saved to data warehouse enables Department members to generate summary reports on aggregate data from CLEAR applications. The data entered into the applications and saved in the warehouse can then be utilized to generate reports regarding gangrelated information, such as District Intelligence Bulletins. Further, information from the data warehouse is used to generate visualization tools. Some visualization tools accessed through CLEAR allow Department members to view synthesized information data from various applications in CLEAR and other related visualization tools are Link Analysis and Caboodle; the former connects individuals with records of the crimes for which they were arrested as well as individuals with whom they were arrested, and the latter displays maps of areas designated as gang-involved as well as individuals designated as gang-involved, drawing on information generated during Gang Audits.36 Caboodle also displays other information not specifically related to gangs, such as maps pertaining to block clubs, Safe Passage routes, and schools. Unlike other gang-related tools, gang information displayed in Caboodle involves review processes relating to the Gang Audit. The Gang Audit is conducted periodically See Appendix D for images of select data points described below. The data warehouse includes a variety of data entered by CPD, not just gang-related data. 36 Gang Audits are periodic assessments of gang boundaries and conflicts conducted by CPD personnel. Resources and Strategies for 34 35 PAGE 19 APRIL 11, 2019 in each district.37 During the Audit, Department members from several units complete the Gang Audit Questionnaire detailing the following district-specific information: • • • • • • • • • • gang names gang faction names territorial borders faction size criminal activity and documentation of such rivals and active conflicts alliances and active alliances organizational level violence level the most active or influential members of each faction38 evaluate whether the conflicts, boundaries, members, and other components are still applicable drawing on data sources such as Gang Arrest Cards, information from CIs, and subject-matter knowledge from Department members such as representatives from the Gang Investigations Division. According to interviews, once each district complet the intelligence [and] work[s] in GIS39 to ensure the maps properly represent the intelligence in the Questionnaire through examining information sources such as interviews, Contact Cards/Investigatory Stop Reports, reports of shots fired, and incidents. thing to a gang database of the Gang Audit process are provided below. 37 yearly audits. 38 Accordin Audit: District commander; district tactical team lieutenant; District Intelligence Officer; district members selected by the district commander based on their knowledge of gang activity in their districts; representatives from the Gang Enforcement Division, Narcotics Division, Gang Investigations Division, and Bureau of Organized Crime; and a crime analyst from the Deployment Operations Center. For images of the Gang Audit questionnaire, see Appendix D. 39 GIS is mapping software. PAGE 20 APRIL 11, 2019 FIGURE 1: GANG AUDIT PROCESS DOC District Review previous Gang Audit and evaluate new data using CIs, Department member expertise, Gang Arrest Cards, etc. Complete Gang Audit Questionnaire Review Questionnaire for accuracy using ISRs, incidents, interviews, etc. Generate maps and ensure info is entered into Caboodle FIGURE 2: VISUALIZATION IN CABOODLE PAGE 21 APRIL 11, 2019 FIGURE 3: VISUALIZATION IN CABOODLE CPD Databases External to CLEAR, Paper Files, Information Captured by External Entities There are several sources of gang information that exist outside of CLEAR. For example, CPD has an Administrative Message System where officers may send information to Department members, including messages about gang-related concerns this system can be searched by keyword. This information may be documented in reports such as Officer Safety Alerts. In addition, the Information Report System houses Information Reports circulated internally within the Beyond these sources, CPD also collects gang-related information through contact with CIs, wire-tapping during investigations, and other mechanisms outside of CLEAR. Department interviews indicated that CPD has paper files regarding gangs PAGE 22 APRIL 11, 2019 dating back to the 1900s.40 Additionally, CPD has access to gang-related data generated by IDOC and other agencies.41 , forms and documents, as well as interviews with Department members, revealed that CPD has collected, reported, and visualized gang-related data in at least 18 different forms, records or system of records throughout the past 10 years. However, according to interviews and Departmental responses to document requests, CPD does not know all of the places where gangrelated data exist. See Appendix D for a list of locations where OIG determined gang information VERIFICATION When designating an individual as a gang member, CPD has limited processes for verifying the identity of the individual being designated, as well as for verifying the accuracy of the gang designation itself. Verified Identity can be verified meaning that their identity has been established as unique, their is through fingerprinting, which typically occurs during an arrest. As such, as per Departmental interviews, the only gang-related data source where the identities of individuals are verified are Gang Arrest Cards, which are a section on the Arrest Report for designating an individual as a gang member. In all other interactions between CPD and community members not verified. This means that an individual designated as a gang member during an another Investigatory Stop Report (ISR). Further, according to the Department, between January 1997 and July 2018 there were 841,776 Contact Cards indicating gang affiliations and 524,676 Gang Arrest Cards. Because individuals were not fingerprinted and may not have presented any form of identification during Contact Card interactions, CPD is unable to determine whether each Contact Card was completed for a unique individual, and whether individuals recorded on the Contact Cards are the same as those recorded in Gang Arrest Cards. As a result of the lack of fingerprinting in every encounter in which gang The Department was unable to definitively report when CPD began tracking gangs. According to Departmental interviews, CPD may have started tracking gangs as early as the 1800s. 41 See section External Agencies Sharing Gang-Related Data with CPD for more information on gangrelated data shared with CPD by external agencies. 40 PAGE 23 APRIL 11, 2019 designations occur, the Department cannot definitively report how many unique individuals have been designated as gang members across all data collection methods. Further, the Department cannot ensure that gang designations collected without fingerprinting are used by CPD in relation to the actual individual featured in the designation, and not another individual with the same name and/or other characteristics. Verified Intelligence CPD does not have any verification processes for ensuring the accuracy of gang membership designations, such as formal supervisory review of the designation, documentation of supporting evidence, or review by an expert in gangs.42 CPD considers court documentation designating an individual as a gang member and 43 However, interviews with both CPD and community members highlighted potential limitations in considering self-admission in particular as verified. For instance, interviewees reported that individuals may claim to be a member of a different gang than their actual affiliation, young people might experience peer-pressure to identify as a gang member even if uninvolved, and individuals may feel compelled by police to confess gang membership. RETENTION AND MODIFICATION CPD forms, including forms where gang designations can appear, fall under the purview of the Illinois Local Records Act (LRA) and thus constitute public records. The LRA establishes that altering, concealing, and destroying these public records is illegal, except where permitted by law.44 Under the LRA, CPD must retain the public records for certain periods of time. After the retention period for the public records has elapsed, CPD may seek permission from The Local Records Commission of Cook County for the destruction of those records must retain the record forever. Retention tim Qualification as an expert can include, but is not limited to, receiving specialized trainings in gangs, experience in violence prevention, and academic expertise relating to gangs. 43 In interviews, Department members stated that most individuals designated as gang members by 44 An example of a lawful destruction of records is when a juvenile record is expunged through a court order, or depending on the offense, automatically after a certain period of time elapses. The Juvenile 42 name from any official inde certain arrest reports and/or convictions under the Illinois Criminal Identification Act. The LRA also states that if an individual is arrested and is later determined not to be the intended arrestee, the arrest report can be retracted or deleted altogether. PAGE 24 APRIL 11, 2019 be determined by the Local Records Commission. If CPD is not required to retain a record permanently, the Department may legally destroy the record once the time required by the retention timeframe elapses and the Department has petitioned and received clearance from the Local Records Commission.45 09-03authorized retention period for an additional period of time not to exceed six police 46 According to interviews with CPD, this means that the Department, by its own policy, requires that records past their retention timeframe cannot be retained for more than six months. In various previous versions of the retention schedule, CPD was required to retain Gang Arrest Cards between two and ten years. After this time elapsed, CPD could destroy these records with permission from the Local Records Commission. However, in the current retention schedule, Gang Arrest Cards are not listed. According to CPD, if information in a form completed by a Department member is later determined to be inaccurate, such as an individual incorrectly designated as a gang member, the information can be changed through a court order. Beyond court orders, the Department addresses incorrect information by attaching a Supplementary Report to the original form. The Supplementary Report will describe which information in the original form was inaccurate. EXTERNAL AGENCY ACCESS AND AGREEMENTS CPD shares gang-related data with agencies external to the Department, and also accesses gang-related data from external agencies. External Agencies with Access to Gang-Related Data in CLEAR According to CPD, over 500 agencies external to CPD can access various sources of gang-related data in CLEAR.47 Among others, these agencies include the Cook omeland Security/ICE, US Citizenship and Immigration, FBI Gang Intelligence Center, High Intensity Drug Trafficking Area, and US Customs and Border Protection-Chicago. CPD reported that all agencies must complete an application for access to CLEAR.48 Each agency, once approved for Records cannot be destroyed if there is any pending or anticipated litigation, or other state, local, or federal requirements pertaining to the retention. According to Departmental interviews, CPD cannot currently destroy any records due to an order from DOJ relating to a specific case. 45 46 47 For the list of external agencies with access to CLEAR provided by CPD to OIG, see Appendix E. they can access. 48 See Appendix F for the application for CLEAR access. PAGE 25 APRIL 11, 2019 access, may have an unlimited number of users.49 Beyond this initial application, CPD does not have any agreements with user agencies delineating the ways in which agencies use CLEAR data, including information on gang designations.50 OIG analyzed internal and external agency access to gang-related tables from January 1, 2009, through October 31, 2018, through the Gang Query Audit.51 analysis of all ganginformation revealed that over 35% of queries were conducted by external agencies.52 TABLE 1: COUNT OF QUERIES BY AGENCY CLASSIFICATION Table 1 displays the distribution of records based on agency classification. External agencies are defined as any agency that is not CPD. Outside of CPD, the some of the include the OC, and the FBI. The top ten external agencies represent approximately 92.3% of all external queries. The remaining 327 external agencies that ran queries accounted for less than 8% of all external queries. Over a quarter of external agencies that have run gang-related queries (27.8%) have averaged less than one query annually over the past ten years. criminal justice agency employees or certified as police officers in the State of their employment of the participating police department /criminal justice agency. Users must have no history of felony convictions; participating local criminal justice agencies in Illinois must submit a State of Illinois Identification (SID) Number for each user as evidence that a criminal history background check was previously conducted for an employee. Outside of Illinois each 49 50 T by agencies and individuals authorized to make -related queries; however, according to the Department it also tracks five other types of queries in applications that are not related to gangs. These applications were added to the list tracked by the Gang Query Audit after the Audit was created, for operational rather than strategic purposes. Non-gang-related applications include Facility Information Management and Probationary Police Officer Evaluation Approvals. According to CPD, these queries unrelated to gang information account for less than 4% of external queries tracked by the Gang Query Audit. 52 C -related data in the past 10 years as tracked in the Gang Query Audit. Some of s were not present in the list CPD provided to OIG. 51 PAGE 26 APRIL 11, 2019 There were seventeen agencies that ran only one gang related query during the entire period. TABLE 2: COUNT OF QUERIES FOR TOP 10 EXTERNAL AGENCIES Agency Name COOK COUNTY SHERIFF ILLINOIS DEPARTMENT OF CORRECTIONS CHICAGO PUBLIC SCHOOLS53 F.B.I. COOK COUNTY ADULT PROB HOMELAND SECURITY / ICE OFFICE OF EMERGENCY COMM. USD HS / ICE DRO ILLINOIS STATE POLICE ALCOHOL TOBACCO AND FIREARMS Agency Type Number of Queries Rank Criminal Apprehension & Booking System Illinois Agencies Outside Chicago % of External % of Total 1 755,096 54.55% 19.38% 2 252,265 18.23% 6.47% Chicago Public Schools 3 87,302 6.31% 2.24% Federal Agencies Criminal Apprehension & Booking System Illinois Agencies Outside Chicago Chicago Law Enforcement Agencies Federal Agencies Criminal Apprehension & Booking System Alcohol Tobacco and Firearms 4 80,182 5.79% 2.06% 5 37,368 2.70% 0.96% 6 17,269 1.25% 0.44% 7 16,161 1.17% 0.41% 8 12,201 0.88% 0.31% 9 10,224 0.74% 0.26% 10 10,093 0.73% 0.26% 1,278,161 92.34% 32.80% Grand Total Table 2 displays external agencies with the highest number of queries. Collectively, immigration-related agencies accounted for over 32,000 or 2.3% of external agency queries over the analyzed period. TABLE 3: COUNT OF QUERIES FOR IMMIGRATION-RELATED AGENCIES Agency Name HOMELAND SECURITY / ICE USD HS / ICE - DRO ICE / NCFIU US CUSTOMS AND BORDER PROTECTION - CHICAGO US CITIZENSHIP & IMMIGRATION Number of Queries Agency Type Illinois Agencies Outside Chicago Federal Agencies Illinois Agencies Outside Chicago % of External % of Total 17,269 1.25% 0.44% 12,201 0.88% 0.31% 2,467 0.18% 0.06% Federal Agencies 234 0.02% 0.01% Federal Agencies 53 0.00% 0.00% 32,224 2.33% 0.83% Grand Total Table 3 displays the number of queries run by immigration-related agencies over the time period. queries of external agency queries. However, CPS Safety and Security stated to OIG that CPS (including CPS S difference may include automated reports that were previously established and continue to be transmitted but are not currently monitored or received by CPS. 53 PAGE 27 APRIL 11, 2019 External Agencies Sharing Gang-Related Data with CPD IDOC is mandated by law to record gang information, and the governing statute expressly allows IDOC to share that gang information with outside law enforcement agencies to assist in the investigation and prosecution of gang-related crime.54 The IDOC Records Data Feed displays gang-related information captured by IDOC and shared with CPD.55 CPD also accesses the state-wide data system administered by the Illinois State Police, entitled the Law Enforcement Agencies Data System (LEADS). LEADS contains records of individuals identified as gang members by ISP and other law enforcement and criminal justice agencies throughout the state of Illinois, as well as other data. H. POTENTIAL COLLATERAL CONSEQUENCES OF CPD’S GANG DESIGNATIONS56 contribute to potential consequences in the areas of law enforcement, criminal justice, immigration, and employment.57 LAW ENFORCEMENT surveillance through gang-related strategies, as well as enrollment in law enforcement-related programs. CPD employs numerous strategies specifically targeting gangs and individuals designated as gang-involved including: Focused Deterrence, Gang Missions, Gang Loitering Ordinance Enforcement, Gang Investigations, Targeted Vehicle Enforcement, Area Gang Strategy Meetings, Parole Compliance Checks, the Gang Intervention Probation Program, and the Targeted Repeat Offender Apprehension and Prosecution Program. Two are described in brief below; for additional information on each of these strategies, see Appendix B. involves partnerships between law enforcement officials, social service providers, and community members that 58 ing Ordinance dispersal orders if two or more 730 ILCS 5/3-5-1(a)(10) According to CPD, the IDOC Data Feed contains gang information on individuals incarcerated at IDOC and is searchable in CLEAR. 56 This assessment is not intended as an evaluation of the appropriateness of the consequences or the frequency at which such consequences are applied. 57 For additional information on these potential consequences, see Appendix B. 58 For additional information on Focused Deterrence, see Appendix B. 54 55 PAGE 28 APRIL 11, 2019 These dispersal orders can require that the individual not return to the specified area for 8 to 12 hours.59 If individuals retur face imprisonment for not more than six months, a fine between $100 and $500, or both. Subsequent violations of dispersal orders can result in additional penalties.60 CRIMINAL JUSTICE Gang membership, gang designation in a database, or gang affiliation may have an effect on bail and bond, sentencing, sanctions, probation, prison, and parole.61 The magnitude of any effect will vary based on the discretion of prosecutors introducing gang-related evidence, as well as the weight Courts give to any presented evidence. All gang information will need to satisfy the applicable admissibility standards, depending on the phase of the criminal proceeding, before it is accepted into evidence. As with adults, information relating to gang membership could impact juveniles within the criminal justice system. Instead of a bond hearing, juveniles charged in juvenile court will appear before the Court for a formal reading of criminal charges 62 Designation as a known gang member by CPD may be offered as evidence in a shelter-care hearing for the Court to determine whether the juvenile will be detained or released with restrictions. Sentencing for a juvenile designated as a gang member could include an order that the juvenile undergo medical treatment to remove gang-related tattoos. Additionally, if a juvenile is sentenced to the Department of Juvenile Justice, certain restrictions will be placed on the juvenile once the juvenile is eligible for parole restrictions requires that the juvenile does not associate with persons who are IMMIGRATION are prohibited from: making threats based on citizenship or immigration status; conditioning benefits, services, or opportunities on immigrant status; and arresting or detaining individuals based solely on civil immigration violations. The ordinance and CPD directives also state that unless there is a legitimate law enforcement purpose, unrelated to civil immigration enforcement, no Department member shall permit 63 The amount of time depends on the classification of the area areas designated as Heightened Level of Violence are 12-hour dispersal areas. In all other circumstances, the dispersal period is eight hours. 60 For additional information on dispersals, see Appendix B. 61 For additional information on potential criminal justice consequences, see Appendix B. 62 For additional information on shelter-care hearings, see Appendix B. 63 According to th council, committee, board, other body, or person established by authority of an ordinance, executive -173. 59 PAGE 29 APRIL 11, 2019 Immigration and Customs Enforcement (ICE)64 agents access to individuals being detained or in the custody of CPD, permit ICE agents to use Departmental facilities for investigations, or expend time on duty responding to ICE inquiries about an directives exclude these protections from certain classes of individuals, including 65 Gang designations by CPD may also contribute to obstacles for individuals seeking immigration relief through Deferred Action for Childhood Arrivals (DACA) and U-Visas. DACA allows approved individuals who are undocumented and were brought to the US as children to remain in the US for a period of two years, during which time the individual is also eligible for work authorization. U-Visas allow individuals who are undocumented and have been victims of certain crimes,66 mes, to 67 remain in the US and receive work authorization. After three years with a U-Visa, individuals may pursue a green card for permanent residency and eventually, full US citizenship. According to US Citizenship and Immigration Services, individuals may be 68 EMPLOYMENT employment-related background checks unless the individual is applying to work for CPD. Further, according to interviews with the Illinois State Police (ISP), background checks conducted by ISP do not include any gang designations unless the individual is applying to work for a criminal justice agency. OIG did not evaluate the validity of ICE is a federal agency that investigates, identifies, apprehends, detains and deports individuals who may be undocumented in the United States. 65 MCC § 2-173-042-(c)-(4) 66 c Violence, Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Fraud in Foreign Labor Contracting, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Stalking, 64 Guide for https://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf. 67 https://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf. 68 2019, https://www.uscis.gov/archive/consideration-deferred-actionchildhood-arrivals-daca. PAGE 30 APRIL 11, 2019 claims by CPD and ISP that gang information does not appear on employment- and licensure-related background checks for non-criminal justice occupations. Further, although gang information according to CPD and ISP does not appear on background checks for non-criminal justice employment queries, criminal charges do appear on background checks. Some criminal charges include allegations of gang (720 ILCS 5/24ILCS 5/31CPD considers gang information when an individual is applying for a position with -01 -Employment Disqualification Standards for Applicants for the Position of Police of any criminal organization, including but not limited to a street gang, will be found unsuitable for employment [with CPD]. Prior membership in a criminal organization may be grounds for disqualification. An applicant who is a former member or affiliate of a criminal organization will be required to produce acceptable evidence to show that the membership in or affiliation with the criminal organization ceased for a period of five th any 69 When an individual applies to work for the Department in a civilian or sworn position, CPD and/or vendors designations relating to the individual including sources the Department considers 70 to determine eligibility for employment at CPD.71 69 Although CPD does not have specific policies on the requirements for individuals to establish that their evidence: references, no record of criminal activity in the required timeframe, and verification from the candida https://home.chicagopolice.org/wpcontent/uploads/2017/01/BackgroundInvestigationForProspectiveApplicants.pdf. 70 asized the need for deeper investigations into the data prior to determining whether an applicant qualifies for employment. According to Departmental interviews, employment investigators will follow up with both the officers who generated gang-related data and the applicant regarding the designation. 71 CPD emphasized that hiring background investigations related to any alleged gang membership involve discretion and examining the totality of the circumstances. CPD further stated that candidates may be determined unsuitable for employment based on their association with others identified as gang members. As an example, Department members stated that court-ordered visits between a candidate and an individual designated as a gang member may not disqualify the candidate from employment, applicant is denied employment with CPD, including based on gang designations, the applicant can appeal the denial with the Human Resources Board. PAGE 31 APRIL 11, 2019 IV. DATA ANALYSIS A. GANG ARREST CARDS When an officer arrests an individual and believes the individual is a member of a gang, the officer may complete a Gang Arrest Card in the Arrest Report. Although gang-related data can be captured, reported, and visualized in at least 18 CPD forms and systems, OIG analyzed Gang Arrest Cards because CPD has previously released these data to the public with respect to gang designations, and because fingerprinting during arrest allows for the identification of unique individuals. The Department was unable to report to OIG when it began collecting Gang Arrest Cards, but the earliest Directive provided to OIG featuring Gang Arrest Cards was issued in 1997. According to the Department, CPD switched from paper Gang Arrest Card forms to electronic Gang Arrest Card forms in 2004.72 In the course of completing this review, OIG analyzed gang designations captured in Gang Arrest Cards from January 1, 1997, through November 7, 2018. During this time period, 134,242 individuals were designated as gang members on 523,075 Gang Arrest Cards. 73 For an image of the electronic Gang Arrest Card, see Appendix D. OIG used the employment status indicated for first arresting officers and determined that 4.0% of the 523,075 Gang Arrest Cards analyzed for this report may not have been completed by CPD officers. According to CPD, some law enforcement agencies in Cook County enter Arrest Reports and 72 73 PAGE 32 APRIL 11, 2019 FIGURE 4: NUMBER OF RECORDS AND INDIVIDUALS IN GANG ARREST DATA FROM JANUARY 1, 1997 NOVEMBER 7, 2018 The top graph in Figure 4 above represents the number of Gang Arrest Cards completed by CPD officers from January 1, 1997, through November 7, 2018. In that time period CPD completed 523,075 Gang Arrest Cards. The number of Gang Arrest Cards completed by CPD peaked in 2013 with the Department completing 48,245 Gang Arrest Cards. The bottom graph represents the number of new individuals (those who had never previously been designated as gang members in Gang Arrest Cards) CPD designated as gang members on a Gang Arrest Card. From January 1, 1997, through November 7, 2018, CPD has designated 134,242 individuals as gang members in Gang Arrest Cards. CPD new individuals as gang members in Gang Arrest Cards peaked in 2006 with 17,209 new individuals, yet the number of Gang Arrest Cards completed continued to rise in subsequent years peaking at 48,245 in 2013, when the number of new individuals designated was 6,473. This indicates that CPD continued to issue Gang Arrest Cards for the same individuals who were previously designated in Gang Arrest Cards. PAGE 33 APRIL 11, 2019 FIGURE 5: GENDER OF INDIVIDUALS DESIGNATED AS GANG MEMBERS BY CPD FROM JANUARY 1, 1997 NOVEMBER 7, 2018 Figure 5 above shows the gender (as determined by CPD officers at the time of the arrest) of individuals designated as gang members. According to these data, males account for 95.9% of all individuals designated by CPD as gang members in Gang Arrest Cards. 74 OIG calculated how many records an individual had associated with multiple gender classifications. Then the most frequently used gender classification was assigned to that individual. The aforementioned method classified the gender of 798 individuals, approximately 0.6% of the total number of individuals. In the case of a tie, an individual was not given a gender classification. There was a total of 105 individuals that had received an inconclusive gender classification, approximately 0.1% of the total number of individuals. Gender classifications were validated using random selection and CLEAR data. 74 PAGE 34 APRIL 11, 2019 FIGURE 6: RACE OF INDIVIDUALS DESIGNATED AS GANG MEMBERS BY CPD FROM JANUARY 1, 1997 NOVEMBER 7, 2018 75 data.76 As depicted in Figure 6 above, Black or African-American and Latinx individuals combined make up 95% of the 134,242 individuals who have been designated as gang members by CPD at the time of arrest. The Census estimates individuals identifying 77 Individuals classified as Black or African American by CPD constitute 69.8% of those 75 ender-neutral term for Latino/a, or an individual of Latin American descent. 76 OIG calculated how many records an individual had associated with multiple race classifications. Then the most frequently used race classification was assigned to that individual. The aforementioned method classified the race of 5,212 individuals, approximately 3.9% of the total number of individuals. However, in the case of a tie, an individual was not given a race classification. There was a total of 1,021 individuals that had an inconclusive race classification, approximately 0.8% of the total number of individuals. Race classifications were validating using random selection and CLEAR data. 77 , 2019, https://www.census.gov/quickfacts/fact/table/chicagocityillinois/PST045217#PST045217. PAGE 35 APRIL 11, 2019 identified as gang members in Gang Arrest Cards.78 I Chicago and 4.0% of those identified as gang members in Gang Arrest Cards. 79 Black or African American and Latinx males accounted for 91.3% of all individuals designated as gang members in Gang Arrest Cards. FIGURE 7: COUNT OF GANG ARREST CARD ARRESTS BY RACE OF ARRESTEE AND YEAR80 Figure 7 above depicts the number of Gang Arrest Cards per year, disaggregated by race.81 Whereas arrests with associated Gang Arrest Cards decreased steadily over the time period for Latinx and White individuals, arrests of Black or African American individuals with associated Gang Arrest Cards peaked in 2013 while arrests for other groups continued to decline. 78 .0% of the population 25.2% of those identified as gang members in Gang Arrest Cards. 79 United States Census Bureau, accessed February 4, 2019, https://www.census.gov/quickfacts/fact/table/chicagocityillinois/PST045217#PST045217. 80 This graph excludes arrestees with no valid IR number, along with those classified as American Indian or Alaskan Native, Asian or Pacific Islander, Race Unknown, and Inconclusive Race Classification. 81 Whereas other figures in this section span January 1, 1997-November 7, 2018, this graph spans January 1, 2009-October 31, 2018. These data were analyzed in conjunction with Gang Arrest Card allegations, for which the timespan was January 1, 2009-October 31, 2018. PAGE 36 APRIL 11, 2019 FIGURE 8: AGE AT FIRST ARREST WITH GANG ARREST CARD FROM JANUARY 1, 1997 NOVEMBER 7, 2018 Figure 8 above displays the ages of individuals listed at first arrest with an associated Gang Arrest Card.82 The most frequent age for first arrest with a gang designation in Gang Arrest Cards was 17. The data show that most of those who were designated as gang members by CPD were designated as such for the first time between the ages of 18 and 31.83 CPD has no minimum age for designating an individual as a gang member; 25% of individuals designated as gang members by CPD were under 18 when they were first designated as a gang member on a Gang Arrest Card. There is no exit or end time for individuals designated as gang members in Gang Arrest Cards.84 Therefore, the longest an individual could be designated as a gang member in this analysis is 21 years, as that is the difference from the start time of the analysis in 1997 to the end time of the analysis in 2018. Within this dataset, the average OIG used two methods to determine date of birth when inconsistent. The first method, similar to race and gender classification in previous steps, was based on the number of records associated with the 82 dates of birth. Then the most frequently used date of birth was assigned to that individual. The number of individuals. In the case of a tie, OIG used a n birth. If the minimum and maximum dates of birth were less than or equal to 365 days, then the median date was assigned to that individual. There were 2,298 individuals that were assigned dates of birth using this method, approximately 1.7% of the total number of individuals. If the minimum and maximum dates of birth were greater than 365 days, then the individual was assigned an NA value. Overall, there were 922 individuals that did not get an assigned date of birth, 0.7% of the total number of individuals. Dates of birth generated from this step were validated using random selection and CLEAR data. 83 Although 17 is the most frequent age for designation in Gang Arrest Cards, the largest share of ages designated at first arrest with a Gang Arrest Card falls between 18 and 31. 84 CPD members reported to OIG that it may be possible to remove a gang designation if the entire record on which the designation appears is expunged through the Courts. PAGE 37 APRIL 11, 2019 number of years for which individuals have been designated gang members is 10 years. One person who was first designated in Gang Arrest Cards when they were 9 years old has carried this designation for 19 years. One person who was first designated in Gang Arrest Cards when they were 75-years-old has carried this designation for 10 years this person is now 85 years old. There are 4,029 persons aged 50 and above currently designated as gang members. FIGURE 9: RACE AND AGE OF INDIVIDUALS DESIGNATED AS GANG MEMBERS BY CPD FROM JANUARY 1, 1997 NOVEMBER 7, 2018 Figure 9 above depicts both the age and race listed at first arrest with an associated Gang Arrest Card. The data show that individuals ages 10 through 29 who were designated as Black or African American and Latinx accounted for 90,802 individuals, approximately 67.6% of the total number of individuals in the Gang Arrest Cards data. Black or African American and Latinx individuals are designated at both younger and older ages than White individuals in Gang Arrest Cards. PAGE 38 APRIL 11, 2019 FIGURE 10: COUNT OF GANG MEMBERSHIP(S) OF INDIVIDUALS DESIGNATED AS GANG MEMBERS BY CPD FROM JANUARY 1, 1997 NOVEMBER 7, 2018 stakeholder perception that some individuals had been listed as members of multiple and/or rival members were listed as members of multiple gangs. For example, one individual has been classified as a member of nine different gangs, and acco training materials several of these groups are rivals of each other.85 While it is possible that individuals have been members of multiple gangs, OIG was unable to determine from the data why individuals have been listed as members of multiple gangs and whether any of those designations are accurate or inaccurate. Notably, OIG found that another 11.3% of individuals had no gang membership listed in any of the Gang Arrest Cards assigned to them, despite being designated as a gang member. Of 134,242 individuals, 15,174 were classified as gang members, but with no gang listed for which they were a member the second largest 85 CONSERVATIVE VICE LORDS, UNKNOWN VICE LORDS, EL RUKNS, BLACK DISCIPLES, MAFIA INSANE PAGE 39 APRIL 11, 2019 TABLE 4: COUNT OF REASON GIVEN FOR GANG DESIGNATIONS FROM JANUARY 1, 1997 NOVEMBER 7, 2018 The above table depicts the reason an individual was assigned a gang designation, as indicated by the officer making the designation. There were 15,648 individuals for which CPD has never listed a reason for gang designation during arrest in any Gang Arrest Card, 11.7% of the total. Further, there were 24,151 Gang Arrest Card records where there was no reason for designation listed. Less than 0.2% of the individuals had multiple reasons for a gang designation. The remaining 118,369 individuals selfidentified as gang members according to the officer who made the designation. data. FIGURE 11: GANG ARREST CARDS PER INDIVIDUAL AND RACE FROM JANUARY 1, 1997 NOVEMBER 7, 2018 PAGE 40 APRIL 11, 2019 Fig. 11 above depicts the number of Gang Arrest Cards per individual, broken down by race. The number of Gang Arrest Cards per individual ranges from one to 82. Whereas individuals identified as White constitute 4.0% of those designated as gang members in Gang Arrest Cards, they accounted for 6.2% of those with only one Gang Arrest Card and 2.8% of those with more than one Gang Arrest Card. 35 White individuals have 20 or more Gang Arrest Cards (2.0% of those with more than 20), whereas 1,772 Black or African American/Latinx individuals have 20 or more Gang Arrest Cards (97.8% of those with more than 20). Further, 97.6% of Black or African American/Latinx individuals in the dataset have five or more cards. 2.2% of White individuals have five or more cards. FIGURE 12: GANG ARREST CARDS BY COMMUNITY AREA OF ARREST FROM JANUARY 1, 1997 NOVEMBER 7, 2018 Fig. 12 above maps arrests documented with a Gang Arrest Card by community area. The lowest number of Gang Arrest Cards produced in any single community area was 27 and the highest was 46,093. On average, 6,290 Gang Arrest Cards were produced in each community area. In 47 of the 77 community areas, the Gang Arrest Cards completed by CPD in each area account for less than 1% of the total respectively. In PAGE 41 APRIL 11, 2019 contrast the top 13 of the 77 community areas account for over 50% of locations of Gang Arrest Cards produced. All 13 of these community areas are on the South and West Sides of Chicago. Austin, the community area with the highest concentration of Gang Arrest Cards produced, carries 8.8% of Gang Arrest Cards alone. Austin, North Lawndale, Humboldt Park, and South Lawndale collectively account for approximately 24% of all Gang Arrest Cards produced.86 GANG ARREST CARD ALLEGATIONS The data analysis in this section examines arrests for which there is an associated Gang Arrest Card, and the corresponding arrest charges.87 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 of the crime. Misdemeanors are generally low-level crimes and are not as serious, either in nature or impact, as felonies. 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. For more information on the various levels of criminal charges, see Appendix G. OIG analyzed 10 years of Gang Arrest Card data, from January 1, 2009, through October 31, 2018. During this timeframe, there were 363,688 arrests with associated Gang Arrest Cards. The following table shows the number of Gang Arrest Cards issued, organized by the highest severity charge during the arrest, and presented in descending order of frequency.88 86 87 To review the Gang Arrest Card counts of individual community areas, refer to Appendix H. The charges listed on an arrest report and used in the data analysis are charges that CPD determined charging decisions of CCSAO or the outcomes of any prosecutions stemming from an arrest. 88 In a single arrest, an individual may be charged with multiple offenses. If an individual was charged with multiple offenses, OIG utilized the highest severity charge among all listed. PAGE 42 APRIL 11, 2019 TABLE 5: ALL ARRESTS WITH ASSOCIATED GANG ARREST CARDS BY ARREST SEVERITY DESCRIPTION RANKED BY ARREST COUNT FROM JANUARY 1, 2009 OCTOBER 31, 2018 OIG found that Gang Arrest Cards most frequently had a Class A Misdemeanor as the highest severity charge, 29.9% of Cards issued. Examples of Class A Misdemeanors include minor drug-related charges as well as reckless conduct, disorderly conduct, gambling on the street, and gang contact by a parolee.89 89 PAGE 43 APRIL 11, 2019 V. FINDINGS A. CPD LACKS SUFFICIENT CONTROLS IN GENERATING, MAINTAINING, AND SHARING GANG-RELATED DATA GENERATION OF GANG-RELATED DATA The Department lacks sufficient controls in the generation of gang-related data with respect to training, criteria, evidence, supervisory review, and the ability to correct inaccurate information. sections specializing in gangs such as the Gang Investigations Division receive no additional internal training from CPD on gangs beyond the six hours all recruits receive at the Training Academy. Department complex and evolving landscape of gang activity increases the risk of inaccurate gang designations and may undermine the effectiveness of gang-related enforcement. Although CPD focuses specifically on criminal gangs, the criteria for identifying an individual as a member of a gang do not require any documented criminal activity. As previously noted, although Gang Arrest Cards produced during an arrest are one way in which individuals can be designated as gang members, other membership designations that appear on ISRs and Contact Cards do not require arrest or criminal acti well as the collateral impact of designating individuals as gang-involved despite an absence of criminal behavior. CPD does not require Department members to provide evidence90 in support of a gang designation, which increases the likelihood that gang designations are assigned without sufficient justification and leaves CPD members vulnerable to accusations of inaccuracy or bias. Once a gang designation is documented, CPD does not require any formal review or approval of the accuracy of the membership designation by a supervisor or Department member with subject matter expertise.91 This inhibits quality assurance and accountability. 90 While the Gang Audit process includes additional review, the initial application of gang designations does not. 91 PAGE 44 APRIL 11, 2019 CPD currently does not have any internal mechanism to alter incorrect information such as an inaccurate gang designation or to delete this information. The only internal tool to indicate that information is incorrect is the attachment of a Supplementary Report to the original report, but the original gang designation, for example, would not be modified or deleted through this method.92 Regarding Currently there is no way to have gang affiliation removed from Department records, unless the entire record for the prevents the Department from correcting or removing invalid or out-of-date designations, enabling inaccurate designations to follow individuals permanently. Moreover, although some prior gang-related data tools are no longer authorized, reports from the Department indicate that they are still in use. For example, CPD ceased utilizing Contact Cards on January 1, 2016, yet individuals were designated as gang members 1,241 times on Contact Cards since this date including 186 times between January 1, 2018, and July 2, 2018. Therefore, individuals may be continuing to receive gang designations through mechanisms no longer permitted by CPD. As a result of these insufficient controls, CPD is unable to confirm that all of its gang designations are accurate and up-to-date, nor can they confirm the utility for the unable to ensure that CPD members designate individuals as gang members with sufficient cause. MAINTENANCE OF GANG-RELATED DATA The Department also lacks sufficient controls in the maintenance of gang-related data, including a complete inventory of all forms, records, and system of records where gang information is and can be recorded, reported, and visualized. The Department was unable to provide data system diagrams depicting the relationships between various gang-related data. Further, in interviews with OIG, Department members were unaware of certain records retention requirements, and CPD may be out of compliance with its own policies regarding retention. The Department was unable to provide a complete list of all of the various forms, records, and systems of records in which gang information can be recorded, reported, control of gang-related data, its ability to produce all relevant gang-related documentation for FOIA requests and litigation, and its capacity to ensure that all According to interviews with CPD, Courts may mandate that CPD modify original reports external to CPD. 92 a process PAGE 45 APRIL 11, 2019 gang-related data collection tools serve a legitimate law enforcement purpose and are used appropriately. Additionally, the Department does not have any data flow diagrams or entity relationship diagrams displaying the relationships between tables and variables for gangwhich originating gang designations may feed into reports, maps, linking tools, and other databases, as well as its capacity to ensure that if an originating record is modified or deleted, this change is implemented in all places where the data from this record exist.93 For example, such diagrams could be used to assess whether a change made to a Gang Arrest Card is then reflected in Caboodle, where this information can be visualized. CPD additionally maintains gang information for long periods of time despite state records retention laws that allow such information to be destroyed and Departmental policies requiring this destruction, and does not have finalized retention timeframes for several forms on which gang designations can appear.94 In interviews, Department -03-01 requiring that records past their retention timeframe cannot be retained for more -related data are retained for appropriate amounts of time and may be in violation of its own policy to destroy records no more than six months past their retention timeframe. SHARING OF GANG-RELATED DATA The Department further lacks sufficient controls in sharing gang-related data, including a lack of a definitive list of all external agencies with access to gang-related information; clear, signed agreements delineating the ways in which external agencies may use the data; and strong accountability mechanisms to ensure fidelity to these agreements. The Department was unable to provide OIG with a comprehensive list of all external agencies with access to gang-related information.95 with access to gang-related information in CLEAR revealed external agencies with access that CPD did not disclose to OIG, and the Department was unable to explain why the list provided to OIG was incomplete. This raises serious concerns about the According to CPD interviews, the only mechanism currently for a gang designation to be modified or deleted is through the Courts. 94 For example, the Gang Audit Questionnaire and the Hot Spot Designation Application are listed as 93 95 To view the list of external agencies with access to CLEAR that CPD provided to OIG, see Appendix E. PAGE 46 APRIL 11, 2019 information by external agencies. -related data, the Department has no agreements clearly delineating criteria for appropriate use of such data. Specific to data in CLEAR, CPD has no agreements beyond the initial application, which only Beyond examining audit trails of information access for excessive use, the Department does not have any mechanisms in place to ensure that all external agencies use gang-related data for a legitimate law enforcement purpose. General Order (G.O.) 09-01agencies with access to CPD databases must agree to be in compliance with 28 Code of Federal Regulations (CFR) Part 23 a guideline for law enforcement agencies operating federally funded multi-jurisdictional criminal intelligence systems.96 28 CFR Part 23 dictates the ways in which these systems must be operated to protect privacy rights and civil liberties relating to the collection, storage, and dissemination of criminal intelligence information; this includes provisions such as regular review and purging of data. According to G.O. 09-01-01, violations of the regulations imposed by 28 CFR Part 23 are subject to monetary fines of $11,000 per violation. Currently, the application for external agencies to receive CLEAR access does not mandate adherence to 28 CFR Part 23. In addition, the application does not require that -01-01. Taken together, these insufficient controls inhibit CP agencies accountable for their use of gang-related data. B. CPD’S GANG INFORMATION PRACTICES LACK PROCEDURAL FAIRNESS PROTECTIONS The Department lacks procedural fairness protections, including processes to notify, appeal, review, and purge relating to gang designations, that could reduce the frequency and potential harms of inaccurate designations. CPD provides no notifications to individuals regarding their gang designations. Even if individuals become aware of the gang designation assigned to them by CPD, the Department has no processes by which an individual may contest or appeal this designation. In interviews with the Department about potential future changes in 96 -sharing PAGE 47 APRIL 11, 2019 enforcement purposes that [gang-related] information is accurate, so the Department wants people to challenge th The Department has no process for regularly examining gang designations for their continued applicability and retention. Further, the Department has no process for purging gang designations, including those that were applied decades ago and may no longer be valid. There have been 57 individuals classified as gang members for 21 years based on Gang Arrest Cards. These individuals were first classified as gang the C. CPD’S GANG ARREST CARDS RAISE SIGNIFICANT DATA QUALITY CONCERNS -related data specifically, Department members described gang-related data captured on these to the Department, many gang- ta sources relating to gangs, OIG discovered a variety of data quality concerns. According to CPD, data in Gang Arrest Cards which are completed when an individual is arrested by CPD contain the most reliable information. This is because individuals are fingerprinted during the arrest process and as such their identity is verified and cannot be confused with that • 90 records where individuals designated in the Gang Arrest Card had a birth date prior to 1901, making these individuals over 117 years old. Further, OIG • 10,428 records with invalid Identification Record (IR) numbers, meaning that the IR number field was blank, and/or an individual had multiple IR numbers assigned to them. PAGE 48 APRIL 11, 2019 • • • • 6,233 individuals designated with multiple race classifications, and 903 individuals designated with multiple gender classifications.97 21,380 individuals designated with multiple dates of birth, approximately 15.9% of the total number of individuals, and 922 individuals of the 21,380 had dates of birth that could not be determined. This includes two individuals in the Gang Arrest Cards data whose ages were listed as 6 and 7 respectively however, both individuals had multiple dates of birth listed.98 15,174 individuals with no specific gang designation, despite being listed as gang members approximately 11.3% of the total number of individuals. 15,648 individuals designated as gang members never had a reason provided by CPD for this designation in any Gang Arrest Card, approximately 11.7% of the total number of individuals. Further, 24,151 Gang Arrest Card records had no reason provided for the designation. OIG further encountered significant data quality concerns in employment data captured on Arrest Reports with Gang Arrest Cards as well. Arresting officers listed [sic] Arrest Reports had blank occupation fields. D. CPD’S PRACTICES AND LACK OF TRANSPARENCY REGARDING ITS GANG DESIGNATIONS STRAIN POLICECOMMUNITY RELATIONS According to the Departm Community Conversations sessions, 99 observed community events,100 and conducted interviews to understand, among other things, the community impact and public perception of testimonies provided to OIG in public forums and interviews, it is apparent that the lack of transparency and community experiences CPD systems only allow Department members to indicate a single race and a single gender for individuals in the Arrest Report. Because of this limitation, classification of individuals with multiple races and/or genders across various arrests in these data may not always present a data quality concern. 98 For the individual listed as 6 years old, this individual was also listed as 14 years old in other CPD data systems. OIG determined that this individual was actually 14 years old at the time of arrest. For the individual whose age was listed as 7, OIG determined through validation that the individual was 16 at the time of arrest. 97 99 of the Yards communities in March and April of 2018. The sessions provided a forum for community members to communicate their concerns 100 PAGE 49 APRIL 11, 2019 strain policetrust. During this review, community members reported that CPD is not transparent or criteria, use, structu challenges in receiving responses from the Department regarding such concerns. -related practices fosters misunderstanding, speculation, and mistrust. of gang information is not limited to a single database. Community members who participated in the public forums and interviews reported personal accounts in which individuals were misidentified by CPD as gang members, experienced harassment and/or acts of discrimination by CPD as a result of gang designations. Community members described the ways in which these experiences furthered the divide between themselves and the police. An individual who works in violence prevention stated that they were incorrectly included in the database because of their work, and that the consequences for their children who are not affiliated with gangs. An individual who works as a victim advocate stated that the police pulled them over and were initially friendly, but after seeing that th system(s) even though they are not a gang member the police pointed their guns at the individual. Another individual stated that CPD incorrectly designated them as a gang member, and the individual was denied immigration relief and faced deportation as a result. One young person reported that at age 11, the young person and some friends were stopped by the police and asked about their gang affiliation. Although the young person stated that they were not a stated that they felt at this point that if they were going to be labeled anyway, they n individual who expressed previous involvement in gang activity, prior to serving over 30 years in prison and leaving the gang, stated, e for criminalizing people in It should be noted that many of the participants who attended the public forums were generally suspicious of and/ PAGE 50 APRIL 11, 2019 examples above to provide readers with an understanding of some of the narratives regarding These examples do not necessarily represent the views of all community members who reside in the neighborhoods where OIG attended public forums. PAGE 51 APRIL 11, 2019 VI. RECOMMENDATIONS Based on the insufficient controls, lack of procedural fairness protections, data quality concerns, and impact on police-community relations, CPD should undertake a holistic evaluation of the ongoing utility and impacts of continuing to collect gang designations. If the Department elects to continue collecting this data, CPD and the City of Chicago must implement comprehensive changes to address the issues detailed in this report. OIG offers the following recommendations to the Department and the practices. ACTION ITEMS FOR THE CHICAGO POLICE DEPARTMENT A. UTILITY AND ALIGNMENT WITH CPD’S VIOLENCE REDUCTION EFFORTS Over the course of this review, OIG interviewed community members, Department members across Bureaus and ranks, academics, criminal justice agencies, and violence prevention workers. These stakeholders reported that the nature of many gangs in Chicago has significantly changed since the late 1990s.101 Currently, many did.102 Many of the larger gangs of the past have fractured into factionalized sets or cliques, some of which engage in violence and some of which do not. In this environment, violence may often be driven by personal affronts and individual acts of retribution, rather than on the basis of gang membership. Additionally, individuals now frequently change gang or group identification and the names of individual gangs or groups also regularly change. Lastly, previous indicators used to demonstrate gang affiliation (such as wearing specific colors) are seldom employed as group identifiers. These change -related data aligns with violence prevention efforts and the current landscape of gangs. Some may not constitute ga established hierarchy that, through its membership or through the agency of any According to interviews, although there are distinctions between the trajectories of Black and Latinx gangs in Chicago, as well as differences between the West and South Sides, describing gangs as large organizations with well-defined hierarchies, defined rules, and strict alliances is no longer accurate. ed by personal relationships rather than attachment to a larger organization. 101 102 Violence in Chicago: A Research-Based Reorientation of Violence Prevention and Intervention Policy. (Chicago: Great Cities Institute University of Illinois at Chicago, 2019) https://greatcities.uic.edu/wpcontent/uploads/2019/01/The_Fracturing_of_Gangs_and_Violence_in_Chicago.pdf. PAGE 52 APRIL 11, 2019 Further, in interviews with OIG, Department members stated that due to the impermanence in the landscape of inaccurate as soon as it is documented. determining whether shooting incidents were gang-related rely on data sources with demonstrated data quality and procedural concerns (such as Gang Arrest Cards) and may misrepresent and overstate the frequency of shooting incidents that are caused by gang conflicts. This overrepresentation may obscure a more nuanced and accurate understanding of violence in Chicago, while also not providing compendious information for law enforcement purposes with respect to violence. As such, CPD must adapt to the fluidity and impermanence of the current landscape as part of its violence reduction efforts. 103 violence reduction efforts in the city, CPD should: 1. 2. 3. 4. 5. 6. Evaluate, in partnership with stakeholders,104 whether collecting, maintaining, sharing, and using gang information best serves violence reduction efforts in the city, including with consideration of the collateral consequences of these practices. Avenues for partnership may include, but are not limited to: conducting a formal and publicly reported evaluation, holding public hearings, and participating in City Council hearings. Ensure policing resources are focused on violent actors instead of all individuals designated as gang members. Consider other mechanisms for preserving officer safety based on more reliable data, such as flagging individuals with a documented history of violence or weapons possession. Utilize gang designations to identify at-risk individuals for the purpose of offering appropriate social intervention services. Formally evaluate whether the individuals and groups CPD tracks as gangs meet the legal criteria of criminal gang members and criminal gangs, respectively. Formally evaluate whether the current methods of identifying and tracking gang membership align with the current landscape of gangs in Chicago. 740 ILCS 147 Stakeholders include, but are not limited to, adult and youth community members, students, parents, academics, community agencies, law enforcement, and other expert leaders. 103 104 PAGE 53 APRIL 11, 2019 B. CONTROLS AND PROCEDURAL FAIRNESS PROTECTIONS Various jurisdictions have implemented a wide variety of reforms with respect to gang-related data. For example, the California Department of Justice mandated the enactment of procedural fairness protections for the state-wide gang database 105 These protections include: notifications for individuals designated as gang members, regular review and purging of outdated or inaccurate gang-related data, opportunities for individuals to contest their designations, and the creation of an Advisory Committee comprised of expert stakeholders.106 In Portland, Oregon, the Police Bureau dismantled its gang database after public outcry over the consequences of the database, although gang-related information is still captured on several Bureau forms.107 In Providence, Rhode Island, the City passed an ordinance protections for individuals designated as gang members and public reporting on designations by the Providence Police Department, as well as codifying regulations regarding the criteria the Department can utilize for determining gang membership.108 protection rules and mandated protective reforms.109 On January 1, 2018, the California DOJ became responsible for the oversight of CalGang. Penal Code Section 186.36 grants the California DOJ the statutory authority to collect and regulate CalGang data and to report annually on the information included in this data. See State of California, Department of Justice, 105 https://oag.ca.gov/sites/all/files/agweb/pdfs/calgang/ag-annual-report-calgang-2017.pdf. State of California, Penal Code, Section 186.36. https://oag.ca.gov/sites/all/files/agweb/pdfs/calgang/regsoutline.pdf. 106 Advisory Committee members include: the Attorney General, or his or her designee; the President of the California District Attorneys Association, or his or her designee; the President of the California Public Defenders Association, or his or her designee; a representative of organizations that specialize in gang violence intervention, appointed by the Senate Committee on Rules; a representative of organizations that provide immigration services, appointed by the Senate Committee on Rules; the President of the California Gang Investigators Association, or his or her designee; a representative of community organizations that specializes in civil or human rights, appointed by the Speaker of the Assembly; a person who has personal experience with a shared gang database as someone who is or was impacted by gang labeling, appointed by the Speaker of the Assembly; the Chairperson of the California Gang Node Advisory Committee, or his or her designee; and the President of the California Police Chiefs Association, or his or her designee; the President of California State Sheriffs' Association, or his or her designee. 107 Newsweek Magazine, September 15, 2017, accessed February 1, 2019, https://www.newsweek.com/2017/10/06/gang-violence-portland-police-tear-gang-member-list-effortrebuild-community-665374.html. 108 -2017-18 Providence Community-Police February 1, 2019, https://providenceri.iqm2.com/Citizens/Detail_LegiFile.aspx?MeetingID=6206&ID=3786. 109 Some of the reforms put forth by the Information Commissioner included: implement a retention schedule that addresses how and when data subjects should be removed from the Matrix, and that the personal data of those data subjects is not otherwise retained; conduct a full review of all data sharing PAGE 54 APRIL 11, 2019 -01protections, including reviewing data for accuracy and deleting inaccurate and outdated information. G.O. 09-01-01 specifically applies to members assigned or detailed to the Bureau of Detectives or the Bureau of Organized Crime, when identifying an individual as an active criminal and seeking to enter the information into criminal intelligence databases. It states that the members must ensure the data is current and accurate. Additionally, the Chief of the Bureau of Detectives and the computerized information systems meet established criteria, conduct periodic audits reviewing the validity of information, and authorize purging of records as appropriate. to any agency that received such erroneous -01-01 could serve as a starting point designations if CPD elects to continue collecting gang information. OIG offers the following recommendations in keeping with the direction of current regulatory reform efforts while remaining specific to the needs and challenges of Chicago. CPD should: CONTROLS 7. 8. 9. 10. Formally inventory all gang-related data collection, reporting, and visualization points, and the relationships between them. Formally inventory all extant paper and electronic records containing gang information. Establish formal, clear, public purposes and goals for the collection of gang information, and tailor training, access,110 policies, and technology to align with these purposes and goals. Ensure all forms featuring gang-related data are listed on the Records Retention Schedule, and that all forms featuring gang-related data have a finalized retention timeframe. relating to the Gangs Matrix across the Metropolitan Police Service (MPS) in order to evaluate what sharing is occurring, the legal basis for the sharing, whether the sharing is necessary and justified, and whether the sharing is properly regulated by formal written agreements approved by the MPS Information Rights Unit; and implement compulsory purpose-specific training for all officers and staff responsible for processing personal data on the Gangs Matrix. Infor accessed February 1, 2019, https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/11/icofinds-metropolitan-police-service-s-gangs-matrix-breached-data-protection-laws/. 110 See, for example, 2 cause for implementing its authority to screen, reject for employment, transfer, or remove personnel https://it.ojp.gov/documents/28cfr_part_23.pdf. PAGE 55 APRIL 11, 2019 11. 12. 13. 14. 15. 16. Establish formal written agreements with external agencies regarding data quality, input and output controls, and appropriate use.111 a. Codify that compliance with 28 CFR Part 23 is included as a requirement in agreements with external agencies. b. Provide external agencies with training for 28 CFR Part 23 compliance, as well as appropriate usage of CPD data. c. Ensure that CPD reports any gang-related records that are appealed, modified, or purged to external agencies accessing these records. Regularly conduct formal audits of external agency access and use based on clearly defined metrics.112 Consider implementing additional, formal protections and restrictions for sharing gang-related data with external agencies including, but not limited to, immigration enforcement agencies. Provide formal training and policies to all officers regarding gangrelated data, as well as regular, formal refresher trainings on gangrelated data, including updates with respect to the evolving nature of gangs in Chicago. a. Gang-related trainings should incorporate adult and youth community members, academics, representatives from relevant community agencies, law enforcement, and other expert instructors. Codify formal processes for supervisory and/or expert-level review of gang designations for accuracy. Formally require the inclusion and assessment of specified types of evidence required to support proposed gang designations.113 111 intelligence information only where there is a need to know and a right to know the information in the only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, secu https://it.ojp.gov/documents/28cfr_part_23.pdf. 112 ence information shall ensure that administrative, technical, and physical safeguards (including audit trails) are adopted to insure against unauthorized access and against intentional or unintentional damage. A record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept. Information shall be labeled to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control https://it.ojp.gov/documents/28cfr_part_23.pdf. 113 for establishing the existence of reasonable suspicion of criminal activity either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures https://it.ojp.gov/documents/28cfr_part_23.pdf. PAGE 56 APRIL 11, 2019 a. inclusion of supporting evidence such as video footage of the interaction and/or a signed statement from the individual designated. a. Ensure criteria are narrowly tailored to align with the 17. 114 b. c. 18. 19. Being in a gang-designated area or around gang-designated individuals should not, in and of itself, be considered suitable criteria to designate an individual as a gang member. Adopt a written policy indicating that determinations regarding individual gang designations may not be based solely on an socioeconomic status, or other protected classes. 115 Conduct regular, formal reviews of gang designations to evaluate continued accuracy of the designation.116 a. Establish clear, formal, and public criteria for continued accuracy. Develop and implement a formal means to regularly purge applicable gang designations from all originating documents and visualization tools.117 a. If CPD retains a designation past the regular review period, new evidence must be provided; an additional notification must also be provided to the individual regarding the designation. ntelligence information concerning an individual only if there is reasonable suspicion that the individual is involved in criminal 114 https://it.ojp.gov/documents/28cfr_part_23.pdf. 115 interference with any lawful political activities as part of the intellig https://it.ojp.gov/documents/28cfr_part_23.pdf. 116 which is retained by a project has relevancy and importance. Such procedures shall provide for the periodic review of information and the destruction of any information which is misleading, obsolete or otherwise unreliable and shall require that any recipient agencies be advised of such changes which involve errors or corrections. All information retained as a result of this review must reflect the name of the reviewer, date of review and explanation of decision to retain. Information retained in the system must be reviewed and validated for continuing compliance with system submission criteria before the expiration of its retention period, which in no event https://it.ojp.gov/documents/28cfr_part_23.pdf. 117 for https://it.ojp.gov/documents/28cfr_part_23.pdf. PAGE 57 APRIL 11, 2019 PROCEDURAL FAIRNESS PROTECTIONS 20. 21. 22. 23. 24. C. Formally require that every individual who receives a gang designation from CPD is notified. a. Notifications should be provided at no cost to the individual. b. language. Establish formal protections for juveniles. a. designating a juvenile as a gang member unless a lawyer and/or a juvenile advocate is present. Establish formal, written policies mandating that conversations or interviews with law enforcement which may result in the application of a language. Establish a formal appeal process. a. Develop and publicize formal, clear, achievable criteria for individuals to appeal their gang designations. b. Ensure that the appeals process is available at no cost to the individual. c. Ensure that every individual has timely access to the report(s) on which they are designated as gang members, as well as the supporting evidence for the designation. d. Establish a third-party mechanism to make determinations regarding appeals. Ensure that every individual who has already been designated by CPD is notified and may appeal their designation(s), in keeping with the recommendations listed above. POLICE LEGITIMACY AND COMMUNITY INVOLVEMENT Meaningful community input, transparency from the Department, and durable partnerships will be required to address concerns expressed by community members information practices and to ensure the safety of Chicago communities. CPD should: COMMUNITY INVOLVEMENT 25. Participate in a committee of stakeholders formed by the City to address ongoing reforms (see recommendation #30). a. Through a mechanism determined by this committee, the Department should respond to the recommendations put forth by the committee in a timely and comprehensive manner. PAGE 58 APRIL 11, 2019 26. Continue to build partnerships with community-based organizations to foster collaborative solutions to violence. TRANSPARENCY 27. data, including: a. a list of all forms and databases where gang designations can be collected, reported and/or viewed; b. the number of individuals who are designated as gang members disaggregated by, but not limited to, race, gender, age, location of designation, reason for designation, number of convictions for serious/violent crime(s), and number of years designated as a gang member; c. the number of designations that have been reviewed, appealed (including the outcomes of the appeals), purged, and retained; d. an aggregation of law enforcement actions taken as a result of gang designations; and e. information. ACTION ITEMS FOR THE OFFICE OF THE MAYOR AND CHICAGO CITY COUNCIL 28. 29. 30. Establish a committee of stakeholders including adult and youth community members, students, parents, academics, community organizations, law enforcement, and other expert leaders to discuss ongoing reforms. a. This committee should have a formal role in shaping training, criteria, and procedures relating to gang designations. The committee should also regularly evaluate the utility and impacts of gang designations and make recommendations to the Department. Consider legislation that would create and impose a legal mandate for CPD to appropriately gather, maintain, sharing, and use gang-related data. Consider legislative amendments to the Welcoming City Ordinance that would remove exceptions based on known gang member either in a law enforcement agency's database or by his own a PAGE 59 APRIL 11, 2019 VII. DEPARTMENT RESPONSE In its response to this report, CPD largely concurred with many of and partially concurred or disagreed with others. CPD acknowledged that its gang information policies, practices, and information. CPD 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 of outdated gang information, and a process for members of the public to ascertain and appeal their designation as a gang member or affiliate. CPD also indicated that the new system will incorporate additional protections when sharing gang information with third parties. However, it should be noted that these proposed controls and reforms do not apply to the gang information currently maintained by the Department and that this unverified, often outdated information will remain available to any officer or department that currently has access to this information. While the Department has signaled intentions to reform its gang-related technology T that CPD will not engage with community stakeholders in the fashion that OIG recommends. CPD states that it has already conducted an internal evaluation, affirmed the utility of collecting gang information, and drafted policies for a new system. also ndations with the proposal of an appeals process that involves several substantive barriers, including limited hours and days on which appeals can be made, required appearance at police facilities, and no access for designated individuals to the evidence which CPD used to determine their gang status. OIG also identification processes. Twenty-five percent of individuals identified as gang irst designated as a gang has determined that existing protections and processes for juveniles are sufficient. meline for implementation of the CED. As part of its stated commitment to community engagement, CPD should consider communicating to the public an estimated timeframe for development and implementation. PAGE 60 APRIL 11, 2019 VIII. APPENDIX A: CPD BUREAUS AND DIVISIONS INVOLVED IN GANG DESIGNATION, TRACKING, AND ENFORCEMENT There are many Bureaus, Divisions, Units, and Sections within CPD involved in designating and tracking individuals and areas as gang-involved, as well as in gangrelated enforcement. Bureau of Patrol The Bureau of Patrol (BOP), the largest bureau within CPD, is heavily involved in gang designations and enforcement. Officers in the BOP conduct traffic stops, complete ISRs, and enforce gang-related ordinances and directives.118 Each district has District Intelligence Officers who are responsible for, among other duties, obtaining and -related conflicts, alliances, gang funerals, either 119 Bureau of Organized Crime The Bureau of Organized Crime (BOC) houses the Gang Investigation Division, a division involved in gang designations and enforcement. The Gang Investigation the proper investigation of any individual, group, or organization reasonably believed to be engaging in criminal activity; initiating investigations for the purpose of identifying gang organizations involved in criminal offenses; and disseminating information about gangs to appropriate Departmental 120 The Gang Investigation Division is made up of several teams and sections; those immediately related to gangs include the Area Gang Investigation Teams, the FBI Joint Task Force on Gangs, and Gang School Safety Teams (GSST). Within the Division, the FBI Joint Task Force on Gangs is a collaborative effort between CPD and -trafficking, street gangs and 121 their criminal enterprises operating within th GSSTs collaborate with CPS -02-03: Organization and Functions of http://directives.chicagopolice.org/directives/data/a7a57be21291da66-88512-91e6-521a90347177e975.pdf?hl=true. 119 -01accessed April 5, 2019, http://directives.chicagopolice.org/directives/data/a7a57b38-141c256b-3e214-1c25b7f2916b04df6d35.pdf?hl=true. 120 City of C -02-05: Organization and Functions of 118 http://directives.chicagopolice.org/directives/data/a7a57b73-14a1c64f-eee14-a1c683093e222447a9bb.pdf?hl=true. 121 -02-05: Organization and Functions of the Bureau of Organized C PAGE 61 APRIL 11, 2019 officials as well as CPD units and the Cook County Juvenile Probation to conduct -related gang violence, including through social media monitoring. CPD estimated that GSSTs conduct approximately 20 interventions per month, and that the majority of these interventions occur at school, a hospital, or home. Bureau of Technical Services The Bureau of Technical Services is involved in gang-related tracking. The Information Services Division generates District Intelligence Bulletins, which contain districtspecific intelligence pertaining to gangs. 122 The Instant Update Unit in the Records Division reviews all rap sheets and identifies arrestees who are on parole, are on probation, have pending felony charges, or are out on bond for misdemeanor charges Public Safety Information Technology (PSIT) builds maps and linking capabilities in CLEAR based on data from the Gang Audit. 124 123 Bureau of Detectives The Bureau of Detectives oversees investigations of selected felonies and selected misdemeanors. Detectives interview victims, witnesses, and others during the course of an investigation, as well as review data in CPD databases, to determine perpetrator(s) and motive(s). The detec information gathered in BOP Case Reports, along with any interviews conducted at the scene and any/all other information the patrol officer includes. If Detectives determine that a crime was gang-motivated based on the totality of circumstances found during the investigation, this information can be captured in the CHRIS Supplemental Reports. Deployment Operations Center The DOC is involved in gang-related designations and tracking. The DOC creates ISRs, known conflicts, http://directives.chicagopolice.org/directives/data/a7a57b73-14a1c64f-eee14-a1c683093e222447a9bb.pdf?hl=true. 122 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 123 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 124 City of Chicago, Chicago -012019, http://directives.chicagopolice.org/directives/data/a7a57b38-141c256b-3e214-1c25b583fdc4cd349e84.pdf?hl=true. PAGE 62 APRIL 11, 2019 and possible retaliation information in the case of a shooting. 125 On a weekly basis, the Location 126 Finally, with respect to the Gang Audit, DOC confirms and manages gang-related data. The Crime Prevention and Information Center (CPIC) is a section Strategy information 127 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 126 -02-02: Selection of Designated http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true. 127 City of Chicago, Chicago -04-04: Crime Prevention and 125 http://directives.chicagopolice.org/directives/data/a7a57bf0-13ed7140-08513-ed714cecd9c378c05dec.pdf?hl=true. PAGE 63 APRIL 11, 2019 IX. APPENDIX B: ADDITIONAL INFORMATION REGARDING POTENTIAL COLLATERAL CONSEQUENCES OF CPD’S GANG DESIGNATIONS LAW ENFORCEMENT CPD employs a number of strategies with respect to gangs. These include Focused Deterrence, Gang Missions, Gang Loitering Ordinance Enforcement, Gang Investigations, Targeted Vehicle Enforcement, Area Gang Strategy Meetings, and Parole Compliance Checks. Further, CPD utilizes several programs with respect to gangs, including the Gang Intervention Probation Program and the Targeted Repeat Offender Apprehension and Prosecution Program. FOCUSED DETERRENCE involves partnerships between law enforcement officials, social service providers, and 128 One element of Focused Deterrence is Custom Notific During a Custom Notification, Department members visit the identified individual and/or their family at their residence to articulate that law enforcement action including federal and state sentencing options and asset seizure where applicable rgeted 129 resources as an alternative.130 If an individual engages in criminal activity for which le charges 131 The second component involves Call-In Sessions, wherein CPD convenes partnering social service providers and community members with groups associated with violence to deliver the message to groups ident -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 129 City of Chicago, Chicago Police Department, -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 130 accessed April 5, 2019, http://directives.chicagopolice.org/directives/data/a7a57bf0-1456faf9-bfa14-570aa2deebf33c56ae59.pdf?hl=true. 131 -05: Custom Notificat accessed April 5, 2019, http://directives.chicagopolice.org/directives/data/a7a57bf0-1456faf9-bfa14-570aa2deebf33c56ae59.pdf?hl=true. 128 PAGE 64 APRIL 11, 2019 132 legal In these sessions, CPD inform group members that the using any 133 GANG MISSIONS 134 GANG INVESTIGATIONS In Gang Investigations, officers in the Bureau of Organized Crime often in conjunction with federal agencies conduct in-depth investigations of individuals designated as gang-involved for the purpose of developing evidence to prosecute these individuals.135 GANG LOITERING ENFORCEMENT dispersal orders if two or more persons are loitering in the area and one of the people 136 These dispersal orders can require that the individual not return to the specified area for eight to 12 hours;137 if the individual returns within months, a fine between $100 and $500, or both. Subsequent violations of dispersal orders can result in additional penalties.138 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 133 -01: Gang Violence Reduction 19, http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 134 City of Chica -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 135 -02-05: Organization and Functions of 132 http://directives.chicagopolice.org/directives/data/a7a57b73-14a1c64f-eee14-a1c683093e222447a9bb.pdf?hl=true. 136 -02: Gang and Narcotics-Related http://directives.chicagopolice.org/directives/data/a7a57be2-128884f19d212-8894-7cf08ab5b5062cb9.pdf?hl=true. 137 The amount of time depends on the classification of the area areas designated as Heightened Level of Violence are 12-hour dispersal areas. In all other circumstances, the dispersal period is eight hours. 138 A second or subsequent offense is punishable by a mandatory minimum sentence of no less than five days. After a third or subsequent conviction within a one-year period, a court will additionally issue an PAGE 65 APRIL 11, 2019 TARGETED VEHICLE ENFORCEMENT -related missions. 139 -by This can include impounding vehicles zone missions, license plate reader enforcement, moving violation enforcement, and 140 These offenses include an assault weapon or narcotics in the vehicle, a revoked or suspended driver's license, playing music too loudly, possession of spray paint by a minor in the vehicle, possession of an altered handicap permit, displaying a false temporary registration permit, soliciting a prostitute, fireworks in the vehicle, fleeing a police vehicle, and other ordinances that allow impounding a vehicle.141 AREA GANG STRATEGY MEETINGS During Area Gang Strategy Meetings, agencies within and outside of CPD disseminate gang-related intelligence and develop strategies to identify and address gang-related persons of interest believed to be involved in criminal activity.142 Agencies include BOP, BOD, BOC, DOC, federal agencies, Chicago High Intensity Drug Trafficking Area (HIDTA) County Adult Probation Department's Gang Intervention Unit, and surrounding suburban police agencies.143 f the latest dispersal order for 30 days. If an officer sees the individual engaged in gang loitering in violation of the court order, the officer can immediately place the individual under arrest without requiring the officer to provide a dispersal warning. 139 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 140 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 141 City of Chicago, Chicago Police D -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 142 Accessed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57bb9-159744bb-bbd159744-eb517377337c557e.pdf?hl=true 143 -07: Area Gang S Accessed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57bb9-159744bb-bbd159744-eb517377337c557e.pdf?hl=true PAGE 66 APRIL 11, 2019 PAROLE COMPLIANCE CHECKS In Parole Compliance Checks, CPD officers support IDOC in parolee compliance checks defined as home visits -involved 144 parolees and recent parolees that are highGANG INTERVENTION PROBATION PROGRAM145 The Gang Intervention Probation Program (GIPP) is implemented in conjunction with additional criminal gang activity by enforcing the conditions of their proba 146 GIPP imposes obligations and sanctions upon those enrolled including: mandatory curfew, residential conditions, prohibition on association with known gang members, and a ban on engaging in gang activity.147 If an individual violates any of these conditions, the individual will be sent to Central Bond Court.148 If the individual violates the conditions with additional charges, they are no longer eligible for bond.149 TARGETED REPEAT OFFENDER APPREHENSION AND PROSECUTION PROGRAM150 The Targeted Repeat Offender Apprehension and Prosecution Program (TRAP) is a joint C distribution, and uses gang affiliation and gang role to determine program inclusion.151 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 145 According to Department members and external agencies during interviews, GIPP is not currently active and/or is seldom used. However, this program is still listed in Department directives. 146 -03: Gang Intervention Probation http://directives.chicagopolice.org/directives/data/a7a57be2-12bcfa66cf112-bd06-ae86f58b4f2d081e.pdf?hl=true 147 -03: Gang Intervention Probation http://directives.chicagopolice.org/directives/data/a7a57be2-12bcfa66cf112-bd06-ae86f58b4f2d081e.pdf?hl=true 148 -03: Gang Intervention Probation http://directives.chicagopolice.org/directives/data/a7a57be2-12bcfa66cf112-bd06-ae86f58b4f2d081e.pdf?hl=true 149 -03: Gang Intervention Probation ed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12bcfa66cf112-bd06-ae86f58b4f2d081e.pdf?hl=true 150 According to Department members and external agencies during interviews, TRAP is not currently active and/or is seldom used. However, this program is still listed in Department directives. 151 -06: Targeted Repeat-Offender 144 PAGE 67 APRIL 11, 2019 TRAP-enrolled individuals are subject to possible enhanced prosecution pending the cases, monitoring sources of bail, and prosecuting several small cases together to enhance the penalty. CRIMINAL JUSTICE Gang membership, gang designation in a database, or gang affiliation may have an effect on bail, bond, sentencing, sanctions, probation, prison, and parole in Illinois. The magnitude of any effect will vary based on the discretion of prosecutors in introducing gang related evidence, as well as the weight Courts give to any evidence presented. All gang-related information will need to satisfy the applicable admissibility standards, depending on the phase of the criminal proceeding, before it is accepted into evidence. BAIL AND BOND According to state statute, gang membership alone is not a factor in determining bail.152 Courts will examine the nature and circumstances of the alleged criminal conduct, including any relation it may have to an organized gang, to determine eligibility for bail and/or the amount of bond due.153 Evidence of gang membership or affiliation is only admissible at bail/bond hearings if it is relevant and reliable. Relevant gang-related evidence includes evidence that the alleged criminal conduct was related to or done in furtherance of criminal gang activity or was motivated by the defendant's membership in or allegiance to an organized gang.154 Reliable gangrelated evidence includes evidence that shows indicia of reliability or trustworthiness but may not be admissible at a trial based on the rules of evidence. Relevant and reliable gang-related evidence may include designation as a gang member by law enforcement, and this designation can result in higher bond or denial of bail.155 According to G.O. 10-Bonds) personal recognizance bonds that do not require cash payment potentially requiring the individual to remain in custody pending an appearance in bond court.156 http://directives.chicagopolice.org/directives/data/a7a57b38-14eabf49-88714-eabf585e2775112f376d.pdf?hl=true 152 725 ILCS 5/110 5(a) 153 725 ILCS 5/110 5(a) 154 725 ILCS 5/110 5(a) 155 725 ILCS 5/110 5(a) 156 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true PAGE 68 APRIL 11, 2019 databa SENTENCING Gangimposition of a mandatory, minimum sentence or the introduction of aggravating factors.157 Additionally, Courts may impose certain gang-related conditions to a sentence of probation or conditional discharge.158 Potential evidence at sentencing as gang related. Per the Illinois Unified Code of Corrections, Courts are required to impose a mandatory, minimum sentence of imprisonment for certain classes of offenses.159 Included in the list of eligible offense are forcible felonies, if the offense was related to the activities of an organized gang, and unlawful possession of a firearm by a streetgang member when the firearm was loaded or contained firearm ammunition.160 Courts may also consider aggravating factors facts or circumstances that increase the severity or culpability of a crime when deciding to impose a period of imprisonment or a more severe sentence, according to the Illinois Unified Code of Corrections. .161 One such aggravating factor Courts can consider is if the individual 162 PROBATION Certain conditions may be imposed upon a defendant who receives a sentence of probation or conditional discharge. If a defendant receives a sentence of probation or conditional discharge for an offense related to or in furtherance of the criminal allegiance to an organized gang, Courts will require the defendant to complete community service hours.163 The number of hours is discretionarily determined by the 730 ILCS 5/5-5-5-3(c)(2)(J) 730 ILCS 5/5-5-3(c)(2)(Y) 730 ILCS 5/1-1-1 et seq. 158 730 ILCS 5/5-6-3(a)(6) 730 ILCS 5/5-6-3(b)(15) 159 730 ILCS 5/5-5-5-3(c)(2)(J) 730 ILCS 5/5-5-3(c)(2)(Y) 160 730 ILCS 5/5-5-5-3(c)(2)(J) 730 ILCS 5/5-5-3(c)(2)(Y). 161 730 ILCS 5/1-1-1 et seq. 162 730 ILCS 5/1-1-1 et seq. 74o ILCS 147/10 (3). 163 730 ILCS 5/5-6-3(a)(6). 157 PAGE 69 APRIL 11, 2019 Court and may range between 30 and 120 hours.164 As an additional condition of probation, Courts may order a defendant to refrain from having any contact, directly or indirectly, with certain specified persons or types of persons, including but not limited to members of street gangs.165 SANCTIONS gangs designation by CPD may be proffered as evidence in establishing gang membership and/or incidents as gang-related.166 In addition to any other penalty imposed, individuals convicted of a crime who were, at the time of the crime a streetgang member,167 receive a fine of $100. The funds collected from this fine are 168 PRISON IDOC records and tracks gang designations and activity for individuals incarcerated through commitment to release. After reviewing relevant laws and policies, it is does share gang-related information with IDOC and vice versa. Individuals incarcerated and designated as gang members are not eligible for certain pre-release programs, such as the Prisoner Entrepreneur Education Program.169 PAROLE Once an individual is released on parole, certain conditions will apply. Among the many conditions, the parolee will not associate with persons who are members of an organized gang.170 Additionally, individuals on either probation or parole can be legally mandated to attend Calltegy.171 JUVENILES As with adults, information related to gang membership could impact juveniles within the criminal justice system. Instead of a bond hearing, juveniles charged in juvenile court will appear before the Court for a formal reading of criminal charges 730 ILCS 5/5-6-3(a)(6). 730 ILCS 5/5-6-3(b)(15) 166 According to CPD and external agencies during interviews, the Streetgang Fine is rarely applied. However, this fine is still listed in law. 167 As defined in section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 168 730 ILCS 5/5-9-1.19 169 This section is set to be repealed on August 24, 2022. 170 730 ILCS 5/3-2-2(b-5). 171 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true. 164 165 PAGE 70 APRIL 11, 2019 172 During shelter-care hearings, a judge determines whether the juvenile will be held in a facility while awaiting trial or released to their guardians and if released, whether or not there are restrictions placed upon the release.173 matter of immediate and urgent necessity for the protection of the minor, another person, or their property to detain the juvenile.174 Designation as a known gang member by CPD may be offered as evidence in a shelter-care hearing for the Court to determine whether the juvenile will be detained or released with restrictions. Sentencing for a juvenile designated as a gang member could include an order that the juvenile undergo medical treatment to remove gang-related tattoos.175 If a juvenile is sentenced to the Department of Juvenile Justice, once the juvenile is One of those restrictions requires that the juvenile does not associate with persons 176 705 ILCS 405/5-501. 705 ILCS 405/5-501. 174 705 ILCS 405/5-501. 175 705 ILCS 405/5-710(a)(ix). 176 705 ILCS 405/5-505(1). 172 173 PAGE 71 APRIL 11, 2019 X. APPENDIX C: GANG INFORMATION SYSTEMS DIAGRAM PROVIDED BY CPD in which gang-related data exist, CPD provided Figure 13 below.177 According to interviews with CPD, this diagram does not include every source of gang information stems and in systems maintained by external agencies that CPD can was unable to validate the depiction of relationships between these systems. Further, of a complete list of all the various places gang information could be recorded, reported, and visualized, OIG was unable to validate the accuracy and completeness of the diagram components. 177 In interviews CPD members affiliation information. PAGE 72 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 FIGURE GANG INFORMATION SYSTEMS DIAGRAM IDOC Data Feed Gang Affiliation Data Systems at Chicago Police Department Other CPD Report Applications (including Investigatory Stop. Case, luv Curfew, DOC InCidentsl (CLEAR Automated Arrest Arrest Data Gangs Data I Gang Arrest Card I "?0!ch Gang Affiliation Data Gang Audit 6308 Audit Data CLEAR Data Warehouse Gang Af?liation Gang 5 Data 03!) Audit Data Link Analysis SAI Dashboard Search ?p Caboodle (Mapping) ?p 8. Data Warehouse Gang Search Functions II Caboodle (Mapping) 8: Data Warehouse limited General Search Functions PAGE 73 APRIL 11, 2019 XI. APPENDIX D: DATA COLLECTION, REPORTING, AND VISUALIZATION POINTS The following represent points where gang-related information about individuals and areas can be collected, within the past ten years. 1. 2. 3. 4. 5. 6. 7. 8. Gang Arrest Cards Gang Audit Questionnaire Investigative Stop Reports (ISRs) Contact Cards Information Reports Hot Spot Designations Major Incident Notifications Criminal History Records Information System (CHRIS) Supplemental Reports The following represent points where gang-related data that has already been collected can be reported, within the past ten years. 9. 10. 11. District Intelligence Bulletins (DIBs) Daily Bulletin Officer Safety Alerts The following represent points where gang-related information about individuals and areas can be displayed and/or queried, within the past ten years. 12. 13. 14. 15. 16. 17. 18. Caboodle Gang Listing Report Gang Profile Search Gang Members Search Link Analysis Strategic Subject List (SSL) Dashboard178 Law Enforcement Agencies Data System (LEADS) As of January 9, 2019, the Strategic Subject List (SSL) Dashboard has been replaced by the Subject Assessment and Information Dashboard (SAID). 178 PAGE 74 APRIL 11, 2019 DATA COLLECTION The following represent points where gang-related information about individuals and areas can be captured, within the past ten years. 1. Gang Arrest Cards Department members may complete Gang Arrest Cards during arrests, when the - 179 FIGURE 14: ELECTRONIC GANG ARREST CARD 2. Gang Audit Questionnaire180 The Gang Audit is conducted periodically in each district.181 During the Audit, Department members from several units complete a form delineating the following within the district: gang names, gang faction names, territorial borders, faction size, documented criminal activity, rivals and active conflicts, alliances and active alliances, organizational level, violence level, and the most active or influential members of each faction.182 The results of the Gang Audit can be visualized in Caboodle.183 -02-01: Criminal Street Gang Arrest http://directives.chicagopolice.org/directives/data/a7a57be212a5752b-27112-a586-10288308dbafb745.pdf?hl=true 179 180 http://directives.chicagopolice.org/forms/CPD-12.140.pdf -012019, http://directives.chicagopolice.org/directives/data/a7a57b38-141c256b-3e214-1c25b583fdc4cd349e84.pdf?hl=true 181 ed April 8, 182 http://directives.chicagopolice.org/forms/CPD-12.140.pdf 183 City of Chicago, Chicago P -012019, http://directives.chicagopolice.org/directives/data/a7a57b38-141c256b-3e214-1c25b583fdc4cd349e84.pdf?hl=true PAGE 75 REVIEW OF THE CHICAGO POLICE DEPARTMENTS EGU RE I5: GANG AUIIT QU ESTON GANG AUDIT QUESTIONNAIRE Dperatidne CenteriDhicaga Felice Department APRIL 11, 2019 The Gang Factidne fer the Diatn'ct ad netted in the Gang Factien ITICICILJIE df must be reviewed. thie fdn'n td add, delete dr change infermatien and circle the appropriate aelidn en the right. If a Gang Factidn is being added. include all the applicalale infem'latidn ad ehdwn helew. Matte etltra edpiea at the gueetielnnaire if necessary and indicate page number as en battle m. Email the cempleted gueetiennairea td gangaudit@chicag dpellice_drg. DISTRICT DATE alt-eel DAM-3 NAME EH: Add D9919 Cha'1ge FACTIDH MAME SEE Ace DeIe1e Charge Add Delete C'ta'lge BOUNDARIES Add Delete Change CREAM ZATICIM LEVEL lAd: Add Deed Ia' 3"?3 '5 ?5 Add delete Ctanee ?3 ?5 Add DeeIe C'la'lge Her-"Salee- Add Delete cranes- Add Delete Change esaey 395 Add Delete Cl'ange Weapons DlE-Inhutldn Add Delete Chang Ma'cetite Tlaf'?etlin latte 9 Am meecmg dad THeft urgary Add Delete Cl'arg Ace Delete IthrIj Add Delete EWIEE Add Delete Change RWAL FACTICIHE Add DeeIe Add DeeIe Chats! Add Dee1e Claret Add Dee1e Eta-?92 Add deete Chang-:- Add deete Cattle Add Dene-19 Change Add DEEIE C'ta'lge Add deele Chane-:- Add deete Stare? Add De-eIe Add 59919 E'a'ltlt Ace De-eIe Add De-eIe Change Add De-eIe 313159 Add De-eIe E'a'ltle Add Delete Chane- Ade delete charge ALLIANCE FACTICIH 5 ACTIVE ALLIAH Add Delete Change Add Delete Sl?a?de medme?am ?ne Add Delete Claude Add Delete Eta'lae Add Delete Cl'andt- Add Delete E'ta'lae Add delete Carat Add Delete Sterile Add Delete Ace Delete Cl'a'ge Add Delete Change Add Delete Add Delete Cl'arg Add Delete Cl'a'ge Add Delete Cl'arge Add Delete Cha'lge - Bell: [312: 345-5191 Fax: 0301] Fax: [312: LIE-END Page 1 PAGE 76 APRIL 11, 2019 City of Chicago, Chi http://directives.chicagopolice.org/forms/CPD-12.140.pdf 184 PAGE 77 APRIL 11, 2019 3. Investigatory Stop Reports (ISRs) Investigatory Stop Reports are completed when a Department member temporarily detains and questions a person in the vicinity where the person was stopped based ting, is about to 185 commit, or has committed a criminal offense On the ISR, officers can document an activities attributed to that gang.186 narcotics-related 187 Department members also complete ISRs during Gang Loitering Dispersals, when a Department member observes two or more individuals loitering in an area designated as a Hot Spot or a High-Level Gang Conflict Location and the member determines 188 engaged in gang l FIGURE 16: GANG-RELATED SECTIONS ON THE ISR FORM -13Accessed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57b99-151b6927-49f15-1b692c32e99868b316b0.pdf?hl=true 185 186 http://directives.chicagopolice.org/forms/CPD-11.910.pdf 187 http://directives.chicagopolice.org/forms/CPD-11.910.pdf -02-03: Gang and Narcotics-Related http://directives.chicagopolice.org/directives/data/a7a57be212a5752b-27112-a586-d845218c69a1f912.pdf?hl=true 188 PAGE 78 APRIL 11, 2019 FIGURE 17: SEARCH TOOL FOR GANG-RELATED INFORMATION CAPTURED ON ISRS 4. Contact Cards Contact Cards are used to document Investigatory Stops as well as enforcement of the Gang and Narcotics-Related Loitering Ordinances.189 Contact Cards contain information about the individual stopped and/or dispersed, including, if applicable, gang membership, tattoos, gang hangouts, and gang activities. According to Department directives, Contact Cards are no longer in use ISRs are now used to document stops and loitering enforcement. 189 Investigatory Stops. PAGE 79 APRIL 11, 2019 FIGURE 18: PAPER CONTACT CARD, FRONTSIDE FIGURE 19: PAPER CONTACT CARD, BACKSIDE PAGE 80 APRK1L20B FIGURE 20: ELECTRONIC CONTACT CARD SEARCH PAGE amuaam 3. 5 Irv: rsl'lv ut-lml um 'w-s van-hu- RH [Lou l: Lu; uh Card No {It?s Conncl Dal. ?om Yo 11 ocr 2017 PAC Code Cm 1,9. ~Sctocl- Conant! no. Solon Contact Strut .- No Batu-con And On Sun! Toamho - Solon - lul Nam. Fun Nam N-(lnm A90 Fvom To $01 Select - ht. Solon - ?ugh! Ftom To Waugh! Fvom To Budd A Solon - Em Cotov - Solocb Hat Colo: - Sobcl - Han SM. - Solou- Comolomon Solon Clowng Doucwm Suv Solon Scion Oucnwon $00 L-conso . - .- Pm. No state venue you Maxe Co?or Dnvon SSN Cu. ?60 luconu No (Mo NARI. pr Luv?u. Nam. on?. Stu "m PAGE81 APRIL 11, 2019 5. Information Reports190 Information Reports bring information on various police concerns, including gangrelated information, to the attention of CPD. Information Reports can contain the descriptions; addresses of residence, business, and locations frequented; description of criminal or suspicious activities, incidents, etc., in which the person is engaged; detailed data on vehicles, especially licensing information (i.e., state and city license information) and the vehicle identification number; information on associates engaged in the same or other criminal activity; and Records Division (RD) numbers, of FIGURE 21: INFORMATION REPORT CREATION PAGE WITH CATEGORIES -13Accessed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12a864e6-91c12-a867a4e051c823647762.pdf?hl=true 190 PAGE 82 APRIL 11, 2019 FIGURE 22: INFORMATION REPORT GANG COMPONENTS 6. Hot Spot Designation CPD District Commanders complete Hot Spot Designation applications for areas within their district which they believe require special enforcement attention these reasons can be a result of concerns regarding gang activity.191 The application can 192 e about to experience increased violence 193 Heightened Level of Violence Areas are then the area may not return for 12 hours.194 DOC recommends High Level Gang Conflict Locations to the Superintendent on a weekly basis. The Superintendent or their designee then communicates these locations to the Chief of the BOP, the Chief of the Office of Crime Control Strategies, and the Commander of the DOC 195 High Level Gang Conflict Locations are -02-02: Selection of Designated essed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true 191 192 2019, http://directives.chicagopolice.org/forms/CPD-21.372.pdf 193 City of Chica -02-02: Selection of Designated http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true 194 -02-02: Selection of Designated http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true 195 City of Chicago, Chicago Poli -02-02: Selection of Designated http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true PAGE 83 APRIL 11, 2019 automatically designated as enforcement areas for Gang and/or Narcotics-Related Loitering dispersals.196 These locations are also automatically designated areas associated with a Heightened Level of Violence and therefore a 12-hour-dispersal designation, commencing on Fridays at 5:00pm and continuing through Sundays at 11:30pm.197 FIGURE 23: HOT SPOT DESIGNATION APPLICATION EXCERPT -02-02: Selection of Designated http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true 197 -02-02: Selection of Designated 19, http://directives.chicagopolice.org/directives/data/a7a57be212bcfa66-cf112-bd05-8b11becc05997c4e.pdf?hl=true 196 PAGE 84 APRIL 11, 2019 7. Major Incident Notifications , the Major Incident Notification application contains short descriptions of major incidents, including those considered gang-related.198 8. Criminal History Records Information System (CHRIS) Supplemental Reports Detectives complete Supplemental Reports throughout the course of an investigation. Supplemental Reports provide updates regarding the investigation, and can include information such as additional interviews completed, additional evidence collected, and case progress in court; Supplemental Reports can also be used to designate a gang-relation of the incident, victim, or perpetrator. -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 198 City of Chicag PAGE 85 APRIL 11, 2019 FIGURE 24: CHRIS REPORTS INCLUDING GANG-RELATED DATA The following represent reports generated with gang-related data about individuals and areas, within the past 10 years. 9. District Intelligence Bulletins (DIBs) DIBs, generated by the Information Services Division, include information specific to each district regarding gang intelligence.199 -13Accessed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57be2-12a864e6-91c12-a867a4e051c823647762.pdf?hl=true 199 PAGE 86 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 FIGURE 25: IBS HOM EPAGE Welcome to the DISTRICT INTELLIGENCE Select your district of deploymem. Hit Surat-nary The Deployment Opetations Centet is imetested in you feedback 0! any intelligence infonnation you have to share. Click REE to submi your ir?ol'mation. ISelect I FEEDBACK AREA ONE: GANGS CONFLICT BOUNDARIES I DR MARTIN OC-CE-002-01 1 80 OD 57TH ST 61 ST ST KING STATE ST I JR DR I ST Foams?004 GD 50 58TH ST 66TH ST LAWRENCE AVE IGC-CE-CIJB-OO4 GD 59TH 73m) ST BELL CALIFORNIA IGC-CE-CIJB-CH GD IGC (SE-009.001 LATIN SAINT LA RAZA 43m ST 49TH ST AVE DAMEN AVE IOOCE 01 0.001 LK mo CERMAK 33RD CALIFORNIA KOSTNER IG BLUE ISLAM) WESTERN ;l.7 C-CE 01 24301 SE) AMBROSE 1 8TH ST AVE MOD ST AVE IGC-CE-01 2-004 80 TVL IGC-CE-D1 2?01 2 BISHOPS VS LATN COLNTS 1 6TH ST 33': ISLAND DAMEN AVE PAGE 87 REVIEW OE TI-IE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 FIGURE 26: DIBS AREA INFORMATION District Intelligence Bulletin #86. 11TH- DISTRICT. HARRISON Ft; bDuAc Page 1 or 2 lhursday. July 1 I, 2U1 4 Select District U1 1 View Hot Spotsv'VioIence Zones Drug Selling Locations Last 7 Days _lock Call. High Threat Gang Conflicts 13 10 4c" cvu 9 DIVISION ST FRANKLIN BLVD 3 KEDZIE PULASKI MADISON ST ROOSEVELT RD 2 WASHTENAW AVE KILBOURN AVE Upcoming Boat Meetings Shots Fired Locations Last? Days Gang Disturbance Locations Last? Days Block Calls _Iock t! Calls 2 1 1 1 PAGE 88 APRIL 11, 2019 FIGURE 27: DIBS IN DISTRICT, WANTED INDIVIDUALS 10. Officer Safety Alerts The DOC issues Officer Safety Alerts to notify law enforcement personnel of potential threats. The Officer Safety Alert provides descriptions of offenders, vehicles, threats and/or weapons wanted, and lists subjects wanted for probable cause arrests and active court warrants. Officer Safety Alerts also identify gang conflicts, gang funerals, and/or persons of interest. PAGE 89 APRIL 11, 2019 FIGURE 28: INFORMATION BULLETIN SEARCH 11. Daily Bulletin The Daily Bulletin is used to disseminate information, from certain sections and divisions of the Department, about wanted or missing persons and stolen property, homepage.200 Department members submitting information for inclusion in the Daily Bulletin can include information about an , and pictures, 201 among other data. DATA VISUALIZATION POINTS The following represent points where gang-related information about individuals and areas can be displayed and/or queried, within the past 10 years. 12. Caboodle Caboodle displays the results of the Gang Audit for each District including gang boundaries and factions, gang members, and gang rivals and alliances, as well as other data.202 r G10-01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 200 201 Accessed April 8, 2019, http://directives.chicagopolice.org/forms/CPD-11.463.pdf 202 -012019, http://directives.chicagopolice.org/directives/data/a7a57b38-141c256b-3e214-1c25b583fdc4cd349e84.pdf?hl=true PAGE 90 APRK1LZOB FIGU RE 29: CABOOD LE, CITY OVERVIEW ?n?bm 1?5399@can tum-("PAGE91 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 FIGURE IN CABOODLE Isa-1:10: 2 - ans?2' $33.ers? m; DIsoon v vIIJun ??2014 vI- MapTheme Index Jun 92 11 an Polic- - 2014 ZoomTo/Select District [ZS-Grand Central PAGE 92 APRIL 11, 2019 FIGURE 31: DISTRICT GANG FACTIONS AND GANG ARREST CARD MEMBERS 13. Gang Listing Report 14. Gang Profile Search The Gang Profile Search is a query page which describes the characteristics of a gang or gang faction and enables Department members to view a profile summary about a gang.203 Gang Profiles are generated by DOC using information collected from the Gang Audit.204 -02-01: Criminal Street Gang Arrest ed April 8, 2019, http://directives.chicagopolice.org/directives/data/a7a57be212a5752b-27112-a586-10288308dbafb745.pdf?hl=true 204 -01: Gang Violence Reduction http://directives.chicagopolice.org/directives/data/a7a57bf0-136d1d3116513-6d1d-382b311ddf65fd3a.pdf?hl=true 203 PAGE 93 APRIL 11, 2019 FIGURE 32: GANG PROFILE SEARCH 15. Gang Members Search Gang Members Search is a query page of gang membership including the individuals with whom they have 205 been arrested. -02-01: Criminal Street Gang Arrest http://directives.chicagopolice.org/directives/data/a7a57be212a5752b-27112-a586-10288308dbafb745.pdf?hl=true 205 PAGE 94 APRIL 11, 2019 FIGURE 33: GANG MEMBER SEARCH 16. Link Analysis Link Analysis is a visualization tool that allows Department members to search for individuals and their related crimes and associates based on levels of connection. Link Analysis connects the associates of shooting victims, as well as the associates of their associates. These connections, along with ballistic evidence, are linked to other shootings and murders. PAGE 95 APRIL 11, 2019 FIGURE 34: LINK ANALYSIS 17. Strategic Subject List (SSL) Dashboard The SSL Dashboard displays the SSL scores of individuals, as well as aggregated indepth information about each individual listed, drawn from a number of Departmental data sources. Among other tabs of information, the SSL Dashboard includes a Gang Tab and a Violence Reduction Strategy Profile Tab. The Gang Tab provides detailed information regarding gang membership from records in the Gang Audit and Gang Arrest Card databases, as well as other sources. The Violence Reduction Strategy Profile Tab contains demographic and identification information, gang affiliation, investigative alerts, arrest history, known associates, ISRs, traffic convictions, interventions, Administrative Notice of Ordinance Violation citations, and the DOC Analyst's notes. As of January 9, 2019, the SSL Dashboard has been replaced by the Subject Assessment and Information Dashboard (SAID). PAGE 96 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 FIGU RE 35: SSL DASH BOARD no ?ursr. "Ly-rt Ham-An I- . magnum. . ?"le . - (muFIGURE 36: SSL DASHBOARD GANG DETAILS macs-annuals Latast Gang Arrest Cara mum-awn mama ES Doc Gang Con?lct GANGSTER DISCIFLES Data can; Auunt Data GANGSTER DISCIPLES Gang Ants: Car! Data Gang Faction Ham: 3mm Ducnpuon CRIM DAMAGE 353.00 (SICK GANGSTER DISCIPLES Mun-l (.100! I3 I3 ca Ann! Dau- - 04-Jun-20- 20 :70 PAGE 97 APRKILZOB FIGURE ENTAND INFORMATION DASHBOARD Renne Search Search Results Results RWS 3115'} mun found Ihv NIL: ?l'hi y?nu wry. In t-n Aw? :urr In!? Cul! In! ?Hut 1 l?n?r 0.119 [noon Down um! l-rql um In me Kill Sung?! Dead- Saunosc 9.53 08 03 08 snarsoecmes 31 08 AN: b'lefl .It. I7 17 017 SYGHES Ah!) KEDZ I: STONES SIDE KEG: as m? 3? ?5 0?5 IEI HUSTLERS 3 2019 - Cmcago Ponce Department - SAI Dashboard VerSIon PAGE98 APRIL 11, 2019 FIGURE 38: SUBJECT ASSESSMENT AND INFORMATION DASHBOARD INDIVIDUAL DETAILS 18. Law Enforcement Agencies Data System (LEADS) LEADS contains records of individuals identified as gang members by ISP, as well as by law enforcement and criminal justice agencies throughout Illinois. PAGE 99 APRIL 11, 2019 XII. APPENDIX E: LIST OF EXTERNAL AGENCIES WITH ACCESS PROVIDED BY CPD ORGANIZATION CODE AOIL CABS ILL ASA FED IAOC ATF CHI ORGANIZATION TYPE AGENCIES OUTSIDE OF ILLINOIS COOK COUNTY LAW ENFORCEMENT ILLINOIS LAW ENFORCEMENT STATE'S ATTORNEY'S OFFICE FEDERAL LAW ENFORCEMENT ILLINOIS AGENCIES OUTSIDE OF COOK COUNTY ALCOHOL, TOBACCO AND FIREARMS CITY OF CHICAGO PAGE 100 APRIL 11, 2019 ORGANIZATION CODE IAOC IAOC IAOC ATF IAOC CABS CHI AOILL IAOC IAOC CABS IAOC IAOC IAOC CABS CABS CABS IAOC IAOC IAOC CABS IAOC CABS CABS IAOC CABS CABS IAOC IAOC CABS CABS IAOC IAOC IAOC CABS CABS CABS CABS CABS IAOC CABS CABS IAOC AGENCY NAME ADAM COUNTY SHERIFF OFFICE ADAMS COUNTY PROBATION DEPARTMENT ADDISON POLICE DEPARTMENT ALCOHOL TOBACCO AND FIREARMS ALGONQUIN POLICE DEPT. ALSIP AM LEGAL SERVICES AMES POLICE DEPARTMENT AMTRAK R.R. POLICE DEPT. ANTIOCH POLICE DEPARTMENT ARLINGTON HEIGHTS ATF, NW INDIANA AURORA POLICE DEPARTMENT BANNOCKBURN BARRINGTON BARRINGTON HILLS BARTLETT BARTONVILLE POLICE DEPT. BATAVIA POLICE DEPARTMENT BEARDSTOWN POLICE DEPARTMENT BEDFORD PARK BEECHER POLICE DEPT. BELLWOOD BELT RAILWAY BENSENVILLE POLICE DEPARTMENT BERKELEY BERWYN BLOOMINGDALE POLICE DEPARTMENT BLOOMINGTON POLICE DEPARTMENT BLUE ISLAND BNSF RAILWAY BOLINGBROOK POLICE DEPT. BOONE COUNTY SHERIFF BRADLEY POLICE DEPARTMENT BRIDGEVIEW BROADVIEW BROOKFIELD BUFFALO GROVE BURBANK BUREAU COUNTY SHERIFF BURNHAM BURR RIDGE BYRON POLICE DEPT. ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 101 APRIL 11, 2019 ORGANIZATION CODE IAOC CABS CABS CABS IAOC IAOC IAOC IAOC ILL AOILL AOILL ILL CABS ASA IAOC IAOC IAOC IAOC AOILL CHI CHI CHI CABS CABS CHI CHI CABS CABS CABS IAOC IAOC IAOC IAOC IAOC CABS CABS CABS CABS CABS CHI CABS AGENCY NAME CAHOKIA POLICE DEPT. CALUMET CITY CALUMET MEMORIAL PARK CALUMET PARK CAROL STREAM POLICE DEPARTMENT CARPENTERSVILLE POLICE DEPT. CARROLL COUNTY SHERIFF CARY POLICE DEPT. CDN PACIFIC RAILWAY POLICE SRV CEDAR LAKE POLICE DEPT. CEDAR RAPIDS POLICE DEPT. CENCOM E911 CENTRAL MGMT SERVICES CHAMPAIGN COUNTY SA CHAMPAIGN COUNTY SHERIFF CHAMPAIGN POLICE DEPT. CHANNAHON POLICE DEPT. CHARLESTON POLICE DEPARTMENT CHESTERTON POLICE DEPARTMENT CHGO DEPT. OF AVIATION COM CNTR CHICAGO AVIATION POLICE CHICAGO FIRE DEPT. -OFI CHICAGO HEIGHTS CHICAGO HEIGHTS PARK DISTRICT CHICAGO HOUSING AUTHORITY OFFICE OF INSP GENERAL CHICAGO OFFICE OF INSPECTOR GENERAL CHICAGO RIDGE CHICAGO STATE UNIVERSITY CICERO CLARENDON HILLS POLICE DEPARTMENT COAL CITY POLICE DEPARTMENT COLES COUNTY SHERIFF OFFICE COLLEGE OF DUPAGE POLICE DEPT COLLEGE OF LAKE COUNTY POLICE DEPARTMENT COOK COUNTY ADULT PROB COOK COUNTY JUVENILE PROBATION COOK COUNTY SHERIFF COOK COUNTY SOCIAL SERVICE COOK COUNTY STATE ATTORNEY COPA (FORMERLY IPRA) COUNTRY CLUB HILLS ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 102 APRIL 11, 2019 ORGANIZATION CODE CABS CHI IAOC CABS IAOC AOILL IAOC CABS ILL CHI FED AOILL AOILL IAOC IAOC AOILL IAOC IAOC IAOC IAOC IAOC CHI CABS CABS IAOC CABS IAOC IAOC AOILL IAOC IAOC IAOC IAOC AOILL AOILL IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC AGENCY NAME COUNTRYSIDE CPD-ADMINISTRATION CREST HILL POLICE DEPT. CRESTWOOD CRETE POLICE DEPARTMENT CROWN POINT POLICE DEPT CRYSTAL LAKE POLICE DEPT. CSX RAILROAD POLICE CTA OFFICE OF INSPECTOR GEN. CTA SAFETY AND SECURITY D.E.A. DANE COUNTY DISTRICT ATTORNEY DANE COUNTY SHERIFF DANVILLE POLICE DEPARTMENT DARIEN POLICE DEPARTMENT DE MOTTE POLICE DEPT DECATUR POLICE DEPT. DEERFIELD POLICE DEPARTMENT DEKALB COUNTY COURT SERVICES DEKALB COUNTY SHERIFF DEKALB POLICE DEPARTMENT DEPARTMENT OF LAW DES PLAINES DIXMOOR DIXON POLICE DEPT. DOLTON DOWNERS GROVE P.D. DU PAGE COUNTY ADULT PROBATION DUBUQUE COUNTY SHERIFFS OFFICE DU-COMM DUPAGE COUNTY SHERIFF OFF. DUPAGE COUNTY STATES ATTY. DWIGHT POLICE DEPT. DYER POLICE DEPT. (INDIANA) EAST CHICAGO POLICE DEPT. EAST DUNDEE POLICE DEPT. EAST HAZEL CREST EAST MOLINE POLICE DEPT. EAST PEORIA POLICE DEPT. E-COM DISPATCH EDWARDSVILLE POLICE DEPARTMENT EFFINGHAM COUNTY SHERIFF OFF. ELBURN POLICE DEPARTMENT ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 103 APRIL 11, 2019 ORGANIZATION CODE CABS CABS AOILL IAOC CABS CABS AOILL CABS FED AOILL FED AOILL FED IAOC AOILL CABS IAOC CABS CABS CABS IAOC IAOC IAOC CABS IAOC AOILL IAOC IAOC AOILL AOILL IAOC IAOC IAOC IAOC CABS IAOC CABS CABS CABS IAOC IAOC AOILL IAOC AGENCY NAME ELGIN ELK GROVE VILLAGE ELKHART CO. PROSECUTOR ELMHURST POLICE DEPARTMENT ELMWOOD PARK EVANSTON EVANSVILLE POLICE DEPARTMENT EVERGREEN PARK F.B.I. FBI - MERRILLVILLE RA FBI ROCKFORD FBI CJIS FBI GANG INTELLIGENCE CENTER FBI SPRINGFIELD DIV. FITCHBURG POLICE DEPARTMENT FLOSSMOOR FORD COUNTY SHERIFF FOREST PARK FOREST PRESERVE FOREST VIEW FOX LAKE POLICE DEPARTMENT FOX VALLEY PARK DIST. PD FRANKFORT POLICE DEPARTMENT FRANKLIN PARK FREEPORT POLICE DEPT. FT. WAYNE INDIANA POLICE DEPT. FULTON COUNTY SHERIFF'S OFFICE GALESBURG POLICE DEPT. GARY PAROLE OFFICE - INDIANA GARY POLICE DEPARTMENT GENESEO POLICE DEPT. GENEVA POLICE DEPT. GIBSON CITY POLICE DEPT GLEN ELLYN POLICE DEPARTMENT GLENCOE GLENDALE HEIGHTS POLICE DEPT GLENVIEW GLENWOOD GOLF GOVERNORS STATE UNIV. POLICE GRAYSLAKE POLICE DEPARTMENT GRIFFITH POLICE DEPT. GRUNDY COUNTY SHERIFFS OFFICE ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 104 APRIL 11, 2019 ORGANIZATION CODE IAOC IAOC AOILL CABS CABS IAOC CABS CABS IAOC CABS AOILL IAOC IAOC CABS CABS IAOC AOILL IAOC CABS IAOC AOILL CABS CABS IAOC FED FED FED CABS CABS IAOC IAOC IAOC ILL IAOC ILL CABS ILL CABS IAOC IAOC AGENCY NAME GURNEE POLICE DEPARTMENT HAMILTON POLICE DEPT. HAMMOND PD HANOVER PARK HARPER COLLEGE HARVARD POLICE DEPARTMENT HARVEY HARWOOD HEIGHTS HAWTHORN WOODS POLICE DEPT HAZEL CREST HENNEPIN COUNTY SHERIFF'S HENRY COUNTY PROB / COURT SERV HENRY COUNTY SHERIFF HICKORY HILLS HIDTA HIGHLAND PARK HIGHLAND POLICE DEPT. HIGHWOOD POLICE DEPARTMENT HILLSIDE HINSDALE HOBART POLICE DEPARTMENT HODGKINS HOFFMAN ESTATES HOMELAND SECURITY / ICE HOMELAND SECURITY INTELLIGENCE HOMELAND SECURITY INVESTIGATIONS HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL HOMETOWN HOMEWOOD HOOPESTON POLICE DEPARTMENT HUNTLEY POLICE DEPARTMENT ICE / NCFIU IL DEPT OF NATURAL RESOURCES LAW ENFORCEMENT IL LAW ENFORC. TRAIN. & STAND. ILL DEPT. OF CORR. (PAROLE DIV) ILLINOIS ATTORNEY GENERAL ILLINOIS COMMERCE COMMISSION POLICE ILLINOIS CRIMINAL JUSTICE INFO AUTHORITY ILLINOIS DCFS / IG ILLINOIS DEPARTMENT OF CORRECTIONS ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 105 APRIL 11, 2019 ORGANIZATION CODE IAOC CABS ILL CABS IAOC CABS AOILL AOILL AOILL CABS AOILL AOILL AOILL ILL FED CABS IAOC IAOC AOILL IAOC IAOC IAOC IAOC IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC IAOC IAOC IAOC IAOC CABS AOILL AOILL IAOC IAOC AGENCY NAME ILLINOIS DEPT OF HEALTHCARE AND FAMILY OIG ILLINOIS DEPT. OF REVENUE ILLINOIS SECRETARY OF STATE ILLINOIS STATE POLICE ILLINOIS STATE UNIVERSITY PD INDIAN HEAD PARK INDIANA DEPARTMENT OF CHILD SERVICES (DCS) INDIANA DEPT. OF CORRECTION INDIANA GAMING COMMISSION INDIANA HARBOR BELT RAILROAD PD INDIANA STATE POLICE INDIANAPOLIS METRO POLCE DEPT INDIANAPOLIS POLICE DEPT INSPECTOR GEN. & SEC. OF STATE INTERNAL REVENUE SERVICE INVERNESS ISLAND LAKE POLICE DEPT. ITASCA POLICE DEPARTMENT JASPER COUNTY SHERIFF INDIANA JASPER COUNTY SHERIFF OFFICE JO DAVIESS COUNTY SHERIFF JOHNSBURG POLICE DEPT JOLIET JUNIOR COLLEGE PD JOLIET POLICE DEPARTMENT JUSTICE KANAKAKEE MEG KANE COUNTY COURT SERVICES KANE COUNTY SHERIFFS OFFICE KANKAKEE COUNTY PROBATION KANKAKEE COUNTY SHERIFF OFFICE KANKAKEE COUNTY STATE'S ATTORNEY KANKAKEE POLICE DEPARTMENT KENCOM COUNTY DISPATCH KENDALL COUNTY PROBATION / COURT SERVICES KENDALL COUNTY SHERIFF KENILWORTH KENOSHA COUNTY SHERIFF DEPT. KENOSHA POLICE DEPARTMENT KILDEER POLICE DEPARTMENT KNOX COUNTY PROBATION ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 106 APRIL 11, 2019 ORGANIZATION CODE AOILL AOILL AOILL CABS CABS IAOC IAOC AOILL AOILL AOILL AOILL IAOC IAOC IAOC IAOC IAOC IAOC IAOC CABS IAOC CABS IAOC IAOC IAOC IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC IAOC IAOC CABS CABS IAOC IAOC AOILL IAOC AOILL IAOC CABS AGENCY NAME KOUTS POLICE DEPT. LA PORTE POLICE DEPARTMENT LAFAYETTE POLICE DEPT. LAGRANGE LAGRANGE PARK LAKE BLUFF POLICE DEPT. LAKE COUNTY CORONER LAKE COUNTY HIDTA / ISC LAKE COUNTY INDIANA PROBATION LAKE COUNTY PROSECUTOR OFFICE LAKE COUNTY SHERIFF INDIANA LAKE COUNTY SHERIFF OFFICE LAKE COUNTY STATE ATTORNEY LAKE FOREST POLICE DEPT LAKE IN THE HILLS POLICE DEPT. LAKE VILLA POLICE DEPARTMENT LAKE ZURICH POLICE DEPT LAKEMOOR POLICE DEPARTMENT LANSING LASALLE COUNTY SHERIFF'S OFFICE LEMONT LEWIS UNIVERSITY POLICE DEPARTMENT LIBERTYVILLE POLICE DEPARTMENT LINCOLN POLICE DEPT. LINCOLNSHIRE POLICE DEPARTMENT LINCOLNWOOD LINDENHURST POLICE DEPT. LISLE POLICE DEPARTMENT LIVINGSTON COUNTY SHERIFF LOCKPORT POLICE DEPARTMENT LOCKPORT TOWNSHIP PARK DISTRICT POLICE LOGAN COUNTY SHERIFF LOMBARD POLICE DEPARTMENT LOYOLA UNIVERSITY PD LYNWOOD LYONS MACOMB POLICE DEPT. MACON COUNTY SHERIFF'S OFFICE MADISON POLICE DEPARTMENT MANHATTAN POLICE DEPARTMENT MAPLE BLUFF POLICE DEPARTMENT MARENGO POLICE DEPT. MARKHAM ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 107 APRIL 11, 2019 ORGANIZATION CODE IAOC CABS IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC ASA CABS IAOC CABS AOILL CABS IAOC CABS AOILL CABS IAOC IAOC AOILL IAOC IAOC IAOC IAOC ILL CABS IAOC CABS IAOC IAOC CABS IAOC IAOC AOILL IAOC IAOC IAOC FED CHI AGENCY NAME MARYVILLE POLICE DEPT. MATTESON MATTOON POLICE DEPARTMENT MAYWOOD MC DONOUGH COUNTY SHERIFF MC HENRY COUNTY PROBATION MC HENRY COUNTY SHERIFF MC HENRY COUNTY STATES ATTY MC HENRY POLICE DEPARTMENT MC LEAN COUNTY SHERIFF OFFICE MC LEAN COUNTY STATES ATTORNEY MCCOOK MCLEAN COUNTY PROBATION OFFICE MELROSE PARK MERRILLVILLE POLICE DEPT. MERRIONETTE PARK METCAD 911 METRA POLICE MICHIGAN CITY POLICE DEPT. MIDLOTHIAN MILWAUKEE HIDTA MINOOKA POLICE DEPARTMENT MISHAWAKA POLICE DEPT. MOKENA POLICE DEPT. MOLINE MONEE POLICE DEPARTMENT MONTGOMERY POLICE DEPARTMENT MOODY BIBLE INSTITUTE POLICE DEPARTMENT MORAINE VALLEY MORRIS POLICE DEPT. MORTON GROVE MORTON POLICE DEPT. MOULTRIE COUNTY SHERIFF OFFICE MOUNT PROSPECT MT. ZION POLICE DEPT. MUNDELEIN POLICE DEPT. MUNSTER POLICE DEPT. INDIANA NAPERVILLE POLICE DEPARTMENT NATIONAL INSURANCE CRIME BUREAU NAUVOO POLICE DEPT NAVAL CRIMINAL INVESTIGATIVE SERVICE GREAT LAKES NAVY PIER SAFETY AND SECURITY ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 108 APRIL 11, 2019 ORGANIZATION CODE IAOC CABS CABS IAOC CABS IAOC CABS IAOC AOILL CABS IAOC CABS CABS IAOC CABS CABS CABS IAOC CABS CABS CABS IAOC CABS CABS CHI IAOC CABS CABS CABS IAOC IAOC CABS CABS CABS CABS CABS CABS IAOC IAOC IAOC IAOC IAOC CABS AGENCY NAME NEW LENOX POLICE DEPARTMENT NILES NORFOLK SOUTHERN NORMAL POLICE DEPARTMENT NORRIDGE NORTH AURORA POLICE DEPT. NORTH CENTRAL NARCOTICS TASK FORCE NORTH CHICAGO POLICE DEPT. NORTH INDIANA TRANSIT POLICE NORTH RIVERSIDE NORTH UTICA POLICE DEPARTMENT NORTHBROOK NORTHEASTERN ILLINOIS UNIV. NORTHERN ILLINOIS UNIV. PD NORTHFIELD NORTHLAKE NORTHWESTERN UNIVERISITY OAK BROOK POLICE DEPARTMENT OAK FOREST OAK LAWN OAK PARK OAKBROOK TERRACE OAKTON COMMUNITY COLLEGE POLICE DEPT OFFICE OF COOK CNTY-INSP. GEN. OFFICE OF EMERGENCY COMM. OGLE COUNTY SHERIFF'S OFFICE OLYMPIA FIELDS ORLAND HILLS ORLAND PARK OSWEGO POLICE DEPT. OTTAWA POLICE DEPARTMENT PALATINE PALOS HEIGHTS PALOS HILLS PALOS PARK PARK FOREST PARK RIDGE PEKIN POLICE DEPARTMENT PEORIA PARK POLICE DEPT. PEORIA POLICE DEPARTMENT PEOTONE POLICE PERU POLICE DEPARTMENT PHOENIX ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 109 APRIL 11, 2019 ORGANIZATION CODE IAOC IAOC IAOC AOILL AOILL AOILL AOILL CABS IAOC CABS AOILL IAOC IAOC AOILL IAOC AOILL AOILL CABS CABS CABS CABS CABS IAOC IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC IAOC CABS IAOC IAOC CABS CABS IAOC IAOC IAOC CABS IAOC CABS AGENCY NAME PINGREE GROVE POLICE DEPT. PLAINFIELD POLICE DEPARTMENT PONTIAC POLICE DEPT. PORTER COUNTY ADULT PROBATION PORTER COUNTY SHERIFF DEPT. PORTER POLICE DEPARTMENT PORTER POLICE INDIANA POSEN PRINCETON POLICE DEPARTMENT PROSPECT HEIGHTS PURDUE UNIV. POLICE DEPT. QUAD COM DISPATCH QUINCY POLICE DEPT. RACINE POLICE DEPT. RANTOUL POLICE DEPARTMENT RENSSELAER POLICE DEPT RICHLAND CENTER POLICE DEPARTMENT RICHTON PARK RIVER FOREST RIVER GROVE RIVERDALE RIVERSIDE RIVERSTON POLICE DEPT RIVERWOODS POLICE DEPT. ROBBINS ROCHELLE POLICE DEPT. ROCK FALLS POLICE DEPT. ROCK ISLAND COUNTY COURT SERV. ROCK ISLAND COUNTY SHERIFF ROCK ISLAND POLICE DEPARTMENT ROCK VALLEY COLLEGE PD ROCKFORD POLICE DEPT. ROLLING MEADOWS ROMEOVILLE POLICE DEPT. ROSCOE POLICE DEPARTMENT ROSELLE ROSEMONT ROUND LAKE BEACH POLICE DEPT ROUND LAKE PARK P.D. ROUND LAKE POLICE DEPARTMENT SAINT XAVIER UNIVERSITY SANGAMON COUNTY SHERIFF OFFICE SAUK VILLAGE ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 110 APRIL 11, 2019 ORGANIZATION CODE CABS AOILL CABS IAOC CABS IAOC CABS IAOC AOILL CABS IAOC CABS CABS IAOC IAOC IAOC FED IAOC AOILL AOILL IAOC AOILL ILL CABS IAOC CABS CABS CABS ILL IAOC IAOC CABS AOILL IAOC IAOC CABS CABS AOILL IAOC CABS IAOC CABS CHI AGENCY NAME SCHAUMBURG SCHERERVILLE POLICE DEPT. SCHILLER PARK SENECA POLICE DEPARTMENT SKOKIE SLEEPY HOLLOW POLICE DEPT. SOUTH BARRINGTON SOUTH BELOIT POLICE DEPT. SOUTH BEND POLICE DEPT. SOUTH CHICAGO HEIGHTS SOUTH ELGIN POLICE DEPT. SOUTH HOLLAND SOUTH SUBURBAN COLLEGE SPRING GROVE POLICE DEPT. SPRING VALLEY POLICE DEPT. SPRINGFIELD POLICE DEPARTMENT SSA OFFICE OF INVESTIGATIONS ST. CHARLES POLICE DEPARTMENT ST. JOHN POLICE DEPT. ST. PAUL POLICE DEPT. STARK COUNTY SHERIFF OFFICE STARKE COUNTY PROBATION INDIANA STATE OF ILLINOIS STEGER STERLING POLICE DEPT. STICKNEY STONE PARK STREAMWOOD STROGER HOSPITAL PD SUGAR GROVE POLICE DEPARTMENT SULLIVAN POLICE DEPARTMENT SUMMIT SUN PRAIRIE POLICE DEPARTMENT SYCAMORE POLICE DEPARTMENT TAZEWELL COUNTY STATES ATTY. THORNTON TINLEY PARK TIPPECANOE COUNTY PROSECUTOR TOWER LAKES PD TRITON COLLEGE U.I.S POLICE DEPT. UNION PACIFIC RR UNITED ROAD TOWING ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 111 APRIL 11, 2019 ORGANIZATION CODE IAOC CABS IAOC CABS IAOC FED AOILL FED FED FED IAOC FED FED FED FED CABS CABS FED FED IAOC FED AOILL FED IAOC FED FED IAOC FED AOILL FED FED FED FED FED FED AOILL FED AOILL IAOC IAOC IAOC CABS AGENCY NAME UNIVERSITY OF CHICAGO PD UNIVERSITY OF ILLINOIS UNIVERSITY OF ILLINOIS - URBANA UNIVERSITY PARK URBANA POLICE DEPARTMENT US ATTORNEY OFFICE US ATTY OFFICE, NORTH DIST. IND US CITIZENSHIP & IMMIGRATION US COAST GUARD US CUSTOMS AND BORDER PROTECTION CHICAGO US DEPARTMENT OF LABOR - I.G US DEPT OF AGRICULTURE - OIG US DEPT OF EDUCATION INSPECTOR GEN US DEPT OF HEALTH AND HUMAN SERVICES OIG US DEPT OF VETERAN AFFAIRS - OIG US DVA HINES HOSPITAL US DVA MED CENTER US FDA OFFICE OF CRIMINAL INVESTIGATIONS US FEDERAL AIR MARSHALL SERV. US FEDERAL PROTECTIVE SERVICES US GENERAL SERVICES ADMIN US MARSHALL TASK FORCE HAMMOND US MARSHALS OFFICE CHICAGO US NAVY - GREAT LAKES POLICE US OFFICE PERSONNEL MANAGEMENT FIS US POSTAL INSPECTION SERVICE US POSTAL SERVICES - IG OFFICE US PRETRIAL SERVICES OFFICE US PROBATION (EAST WISCONSIN) US PROBATION (NORTHERN DIST) US PROBATION NORTHERN INDIANA US R.R. BOARD INSP. GEN US SECRET SERVICE CHICAGO US SECRET SERVICE MILWAUKEE US STATE DEPT-FOREIGN DIG. SER US TREASURY IG, TAX ADMIN USD HS / ICE DRO VALPARAISO POLICE DEPARTMENT VERMILION COUNTY STATES ATTY VERNON HILLS POLICE DEPT VILLA PARK POLICE DEPARTMENT WARRENVILLE ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 112 APRIL 11, 2019 ORGANIZATION CODE IAOC IAOC IAOC AOILL IAOC IAOC IAOC AOILL CABS IAOC CABS CABS IAOC CABS IAOC IAOC IAOC IAOC IAOC IAOC IAOC IAOC CABS IAOC CABS IAOC IAOC CABS IAOC AOILL IAOC IAOC CABS IAOC AGENCY NAME WASHINGTON POLICE DEPARTMENT WAUCONDA POLICE DEPARTMENT WAUKEGAN POLICE DEPARTMENT WAUWATOSA POLICE DEPARTMENT WAYNE POLICE DEPARTMENT WEST CHICAGO POLICE DEPT WEST DUNDEE POLICE DEPT. WEST LAFAYETTE POLICE DEPT. WESTCHESTER WESTERN ILLINOIS UNIV. POLICE WESTERN SPRINGS WESTMONT WHEATON POLICE DEPARTMENT WHEELING WHITESIDE COUNTY COURT SERVICE WHITESIDE COUNTY SHERIFF WHITESIDE COUNTY STATE ATTY WILL COUNTY CIRCUIT CLERK WILL COUNTY COURT SERVICES WILL COUNTY JUVENILE PROBATION WILL COUNTY SHERIFF OFFICE WILL COUNTY STATE ATTY WILLOW SPRINGS WILLOWBROOK POLICE DEPARTMENT WILMETTE WINFIELD POLICE DEPARTMENT WINNEBAGO COUNTY SHERIFF WINNETKA WINTHROP HARBOR POLICE DEPT WISCONSIN - DIV. OF CRIM INVEST WOOD DALE POLICE DEPARTMENT WOODRIDGE POLICE DEPARTMENT WORTH ZION POLICE DEPARTMENT ACCESS STATUS Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y PAGE 113 PEVIEW OE CHICAGO POLICE APRIL 11,2019 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. PAGE 114 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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. PAGE 115 APRIL 11, 2019 XIV. APPENDIX G: GANG ARREST CARD ALLEGATIONS 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 of the crime. From least to most severe, felonies are classified as Class 4 (punishable by up to 3years of imprisonment), Class 3 (punishable by up to 5-years of imprisonment), Class 2 (punishable by up to 7-years of imprisonment), Class 1 (punishable by up to 15-years of imprisonment), Class X (punishable by up to 30-years of imprisonment), or Class M (punishable by up to 60-years of imprisonment).206 Crimes such as aggravated unlawful use of a 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 of the victim. Burglary, possession of a stolen motor vehicle, and robbery are examples of Class 2 felonies. Class 1 felonies include crimes such as aggravated discharge of a firearm, residential burglary, and aggravated robbery. Class X 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 M 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 C (punishable by not more than 30-days of imprisonment), Class B (punishable by not more than 6-months of imprisonment), and Class A (punishable by less than 1-year of imprisonment). Until recently, possession of small amounts of cannabis were classified as misdemeanors. Possession of less than 2.5 grams was a Class C misdemeanor, more than 2.5 grams but less than 10 grams was a Class B misdemeanor, and 10 to 30 grams was a Class A misdemeanor. On July 26, 2016, changes to the Illinois Cannabis Control Act took effect which turned possession of less than 10 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 of the 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. The sentencing guidelines are taken from the Illinois Uniform Code of Corrections found at 730 ILCS 5/5-4.5-5, 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. 206 PAGE 116 APRIL 11, 2019 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 of Chicago (MCC). Examples of a local ordinance violation include drinking on the public way (MCC § 8-4-30) and narcotics related loitering (MCC § 8-4-017). 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 of those in the CCSAO to determine the charges to prosecute. This analysis does not examine the charging decisions of the CCSAO or the outcomes of any prosecutions stemming from an arrest. PAGE 117 APRIL 11, 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 COMMUNITY AREA UNKNOWN208 29 - NORTH LAWNDALE 23 - HUMBOLDT PARK 30 - SOUTH LAWNDALE 67 - WEST ENGLEWOOD 61 - NEW CITY 68 ENGLEWOOD 66 - CHICAGO LAWN 27 - EAST GARFIELD PARK 26 - WEST GARFIELD PARK 71 - AUBURN GRESHAM 43 - SOUTH SHORE 49 ROSELAND 24 - WEST TOWN 46 - SOUTH CHICAGO 69 - GREATER GRAND CROSSING 28 - NEAR WEST SIDE 31 - LOWER WEST SIDE 19 - BELMONT CRAGIN 42 WOODLAWN 22 - LOGAN SQUARE 8 - NEAR NORTH SIDE 3 UPTOWN 1 - ROGERS PARK 53 - WEST PULLMAN 44 CHATHAM 63 - GAGE PARK 58 - BRIGHTON PARK 38 - GRAND BOULEVARD 40 - WASHINGTON PARK 73 - WASHINGTON HEIGHTS 14 - ALBANY PARK 20 HERMOSA 35 DOUGLAS 46,093 38,714 29,226 28,481 21,587 18,522 18,433 16,195 16,181 15,776 15,574 13,375 12,757 12,289 11,187 10,506 10,488 9,619 9,527 9,007 8,437 8,153 7,650 7,524 7,482 7,132 7,108 6,914 6,330 5,302 5,275 4,842 4,262 4,197 3,947 8.81% 7.40% 5.59% 5.44% 4.13% 3.54% 3.52% 3.10% 3.09% 3.02% 2.98% 2.56% 2.44% 2.35% 2.14% 2.01% 2.01% 1.84% 1.82% 1.72% 1.61% 1.56% 1.46% 1.44% 1.43% 1.36% 1.36% 1.32% 1.21% 1.01% 1.01% 0.93% 0.81% 0.80% 0.75% 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 of the analysis these records wer Unknown. 208 PAGE 118 APRIL 11, 2019 2 - WEST RIDGE 21 AVONDALE 15 - PORTAGE PARK 51 - SOUTH DEERING 37 - FULLER PARK 77 EDGEWATER 3,349 3,327 3,097 3,045 2,977 2,956 0.64% 0.64% 0.59% 0.58% 0.57% 0.57% Arrest Community Area Number of Records % of Total 16 - IRVING PARK 52 - EAST SIDE 75 - MORGAN PARK 70 ASHBURN 6 - LAKE VIEW 4 - LINCOLN SQUARE 60 BRIDGEPORT 56 - GARFIELD RIDGE 32 LOOP 65 - WEST LAWN 50 PULLMAN 59 - MCKINLEY PARK 62 - WEST ELSDON 48 - CALUMET HEIGHTS 54 RIVERDALE 5 - NORTH CENTER 64 CLEARING 39 KENWOOD 33 - NEAR SOUTH SIDE 45 - AVALON PARK 7 - LINCOLN PARK 34 - ARMOUR SQUARE 57 - ARCHER HEIGHTS 41 - HYDE PARK 47 BURNSIDE 17 DUNNING 36 OAKLAND 11 - JEFFERSON PARK 13 - NORTH PARK 55 HEGEWISCH 72 BEVERLY 18 MONTCLARE 76 OHARE 10 - NORWOOD PARK 74 - MOUNT GREENWOOD 12 - FOREST GLEN 9 - EDISON PARK 2,891 2,715 2,639 2,499 2,291 2,209 2,184 2,108 2,036 2,008 1,836 1,501 1,388 1,325 1,316 1,276 1,245 1,205 1,189 1,113 1,111 950 886 845 813 735 624 572 543 520 364 358 350 267 165 128 27 0.55% 0.52% 0.50% 0.48% 0.44% 0.42% 0.42% 0.40% 0.39% 0.38% 0.35% 0.29% 0.27% 0.25% 0.25% 0.24% 0.24% 0.23% 0.23% 0.21% 0.21% 0.18% 0.17% 0.16% 0.16% 0.14% 0.12% 0.11% 0.10% 0.10% 0.07% 0.07% 0.07% 0.05% 0.03% 0.02% 0.01% Grand Total 523,075 100.00% PAGE 119 APRIL 11, 2019 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. CALGANG 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 CP CONTACT CARDS: Predecessor of the Investigatory Stop Reports. Contact Cards were used to document Investigatory Stops as well as enforcement of the Gang and Narcotics-Related Loitering Ordinances. 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. GANG-INVOLVED: Real or perceived relationship to, or holding membership in, a gang. GANG-RELATED DATA/GANG INFORMATION: Information created, shared, or received by CPD including gang designations. GANG ARREST CARD: A form that is a module of the Arrest Report completed through the Automated Gang Arrest Card application. The form is completed when gang designation. enforcement agencies. PAGE 120 APRIL 11, 2019 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 2630/5.2) that allows qualifying arrests, supervision and probation to be expunged. ILLINOIS STREETGANG TERRORISM OMNIBUS PREVENTION ACT (740 ILCS 147): An act established in 1993 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 5/): A state statute that 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 INVESTIGATORY STOP: 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 STOP REPORT (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 Police, designed to provide the Illinois criminal justice community with access to computerized justicerelated information at both the state and national level. PAGE 121 APRIL 11, 2019 LOCAL RECORDS ACT (50 ILCS 205): An act that regulates the preservation or disposal of the public records of all 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. NOTIFYING: A process for alerting the individual that they have been designated as a gang member. PURGING: A regular process for deleting certain gang designations completed within a given timeframe. REMOVING: A process by which an individual who has successfully appealed their 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. PAGE 122 PEVIEW OE TI-IE CHICAGO POLICE APRIL 11,2019 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 General's 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: PAGE 123 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 124 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 - 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 PAGE 125 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 126 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 127 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 "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 PAGE 128 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 129 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 130 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 131 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 APRIL 11,2019 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, 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 Speciai 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, responsibitities, and accountabit ity for the devetopment 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 PAGE 133 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 134 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 135 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 ?ederal 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 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 WIRE): ?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 af?liation, as retained historical records may contain outdated or unsubstantiated gang intelligence information. Recommendation 14: Provide formal training and policies to all officers 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 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 APRIL 11,2019 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 PAGE 137 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 138 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 139 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 140 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 141 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 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 PAGE 142 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 detemlination 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 PAGE 143 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 144 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 145 REVIEW OE TI-IE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 (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 146 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 147 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 148 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 149 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 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 PAGE 150 REVIEW OF THE CHICAGO POLICE DEPARTMENTS APRIL 11,2019 APPENDIX K: DRAFT GENERAL ORDER Chicago Police Department General Order G10-01-03 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 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 Cn'minal 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 PAGE 151 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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 147'), 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 PAGE 152 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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 PAGE 153 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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 154 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, APRIL 11, 2019 Criminat Enterprise Database Current as of 08 Aprit 2019:1726 Chicago Poiice Department, April 2019 Page 5 of 8 PAGE 155 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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. rnmanrierj 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 PAGE 156 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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 generai 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 ?tatas.? including compliance with the provisions ofthe City of Chicago?s Weioorning City Ordinance. XIEE. RECORD RRTENTSON 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 157 REVIEW OE CHICAGO POLICE DEPARTMENTS APRIL 11, 2019 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 PAGE 158 MISSION The City of Chicago Office of Inspector General (OIG) 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. OIG achieves this mission through, • administrative and criminal investigations by its Investigations Section; • performance audits of City programs and operations by its Audit and Program Review Section; • 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, OIG 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, costeffectiveness government operations and further to prevent, detect, identify, expose and eliminate waste, inefficiency, misconduct, fraud, corruption, and abuse of public authority and resources. AUTHORITY in the City of Chicago Municipal Code §§ 2-56-030(d), -035(c), -110, -230, and 240. PUBLIC INQUIRIES: NATALIE A. KURIATA: (773) 478-0534 NKURIATA@IGCHICAGO.ORG TO SUGGEST WAYS TO IMPROVE CITY GOVERNMENT, VISIT OUR WEBSITE: IGCHICAGO.ORG/CONTACT-US/HELP-IMPROVE-CITY-GOVERNMENT TO REPORT FRAUD, WASTE, AND ABUSE IN CITY PROGRAMS: -FREE HOTLINE (866) 448-4754 / TTY: (773) 478-2066 OR VISIT OUR WEBSITE: IGCHICAGO.ORG/CONTACT-US/REPORT-FRAUD-WASTE-ABUSE/