Executive Summary Review of the Chicago Police Department’s Homicide Investigation Process Observations and Recommendations October 2019 CONFIDENTAL – NOT FOR DISSEMINATION This project was supported by Grant No. 2014-DG-BX-K012 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position of the U.S. Department of Justice. 1 Executive Summary Executive Summary Investigating homicide cases is a critical function of a local police agency. The loss of a human life due to violence is the worst type of crime not only to the victim, but also to the victim’s family and loved ones and to the entire community. To ensure that justice is served and communities feel safe, police agencies must assign the highest priority to identifying and apprehending the perpetrators of these crimes. In 2014, the Police Executive Research Forum (PERF) was selected by the U.S. Justice Department’s Bureau of Justice Assistance (BJA) to implement and manage the Homicide Investigations Enhancement Training & Technical Assistance Project. As part of this project, PERF has been conducting comprehensive assessments of the homicide investigation policies and practices in a number of police departments across the country and is helping each department to implement strategies to strengthen its homicide investigation function. The project sites were chosen based on specific criteria, including: a recent rise in homicide rates, homicide clearance rates that are decreasing and/or below the national average, and a commitment of police department leaders to improve homicide investigation procedures. The Chicago Police Department (CPD) requested PERF’s assistance to identify factors that could account for increases in homicide rates. As the chart below shows, the number of homicides in Chicago has increased since 2014, when there were 420 murders. In 2016, that figure increased by 85 percent, peaking at 778 homicides. The number of homicides dropped to 660 in 2017, and to 565 in 2018.1 Chicago Homicides and Cases Cleared 2014-2018 900 800 700 600 500 400 300 200 100 0 778 660 565 491 420 211 2014 50% cleared 227 2015 46% cleared 2016 29% cleared Homicides 1 237 224 2017 36% cleared Cases Cleared Data provided by the Chicago Police Department to PERF. 2 255 2018 45% cleared Executive Summary At the same time, the clearance rate has declined since 2014, when the CPD cleared 50 percent of homicide cases, lower than the national average of 66 percent. 2, 3 The clearance rate dropped to 29 percent in 2016, before increasing to 36 percent in 2017,4 and to 45 percent in 2018.5 While the City of Chicago has the highest number of homicides in the U.S., the per capita rate is less than several other large cities.6 According to a report by the Pew Research Center, Chicago ranked 14th for homicides in 2017 among cities with at least 100,000 people.7 In 2017, Chicago’s per capita murder rate was 24.1 homicides per 100,000, less than St. Louis (66.1 per 100,000), Baltimore (55.8 per 100,000), Detroit (39.8 per 100,000), New Orleans (39.5 per 100,000), and Baton Rouge (38.3 per 100,000).8 Table 1 below shows the 2016-2017 homicides and clearance rates for Chicago, New York, Los Angeles, and Philadelphia. Table 1: Homicides and Clearance Rates in Other Large Cities Agency 2016 Homicides 2016 Clearance Rate 2017 Homicides 2017 Clearance Rate Chicago 778 29% 660 36% NYPD 335 69% 292 85% LAPD 294 72% 282 73% Philadelphia 277 46% 315 44% Chicago’s relatively low clearance rate may be due in part to the fact that Chicago has fewer detectives compared to the total number of police officers (see Table 2). 2 It should be noted that in the City of Chicago, the decision to arrest and charge a person with homicide rests solely with the Cook County State’s Attorney’s Office. Thus, the effectiveness of the Chicago Police Department in solving homicide cases should not be based solely on the homicide clearance rate. 3 Data provided by the Chicago Police Department to PERF. 4 Data provided by the Chicago Police Department to PERF. 5 Data provided by the Chicago Police Department to PERF. 6 Pew Research Center (November 13, 2018). Despite recent violence, Chicago is far from the U.S. ‘murder capital.’ https://www.pewresearch.org/fact-tank/2018/11/13/despite-recent-violence-chicago-far-from-u-s-murder-capital/. 7 Ibid. 8 Ibid. 3 Executive Summary Table 2: Demographics of Other Large Police Agencies Agency Population Number of Officers Number of Detectives Chicago 2.6 million 13,352 1,127 (8.4 % of department) NYPD 8.6 million 36,023 4,100 (11.4 % of department) LAPD 4 million 9,727 1,500 (15.4 % of department) Philadelphia 1.5 million 6,624 577 (8.7 % of department) PERF began its review of the CPD’s homicide investigation policies and practices in December 2018 and conducted two site visits in December 2018 and January 2019. The PERF assessment team was comprised of law enforcement practitioners and researchers with expertise and experience in homicide investigations. The review included the following: • On-site interviews with more than 50 CPD personnel from across the department, including executive command staff members, detectives and supervisors from the Bureau of Detectives, patrol officers and supervisors, Forensic Services Division employees, crime analysis personnel, and emergency communications staff; • Interviews with two prosecutors from the Cook County State’s Attorney’s Office; the Chief Medical Examiner; and the Chief Administrator of the Civilian Office of Police Accountability (COPA); • Review of the CPD’s written directives, homicide logs, sample intelligence reports, organizational charts, sample crime reports, and clearance data. The CPD leaders and personnel interviewed by PERF were cooperative, forthcoming, and eager to make positive changes to improve the homicide investigative process. These dedicated and experienced professionals have a strong commitment to reducing violence and solving homicide cases, and the recommendations in this report seek to build upon this solid foundation. Though the recommendations in this report are tailored to the Chicago Police Department, many of them apply to police agencies throughout the country that are facing challenges similar to those PERF found in Chicago – a lack of funding and staffing, gaps in training and supervision, outdated equipment and technology, etc. The issues in the CPD are not unique, and the goal of this report is to highlight strategies for ensuring that everyone involved with homicide investigations has the direction, support, and oversight they need to succeed. 4 Executive Summary Key Observations and Recommendations The following is a summary of key observations and recommendations to strengthen the CPD’s homicide investigation processes and improve homicide clearance rates. These recommendations are based on research and best practices for conducting homicide investigations. 1) Agency Organization: The CPD does not have a specifically designated “Homicide Unit.” Instead, the CPD is organized into three Detective Areas (North, South, and Central), and each Detective Area includes detectives assigned to investigate homicide, gang, and sex crimes (referred to as “HGS”). Within HGS are separate teams of detectives assigned to investigate homicides, aggravated batteries (including nonfatal shootings), and sex crimes.9 The geography, traffic, and population of the city make it challenging to effectively police such large areas and respond to scenes in a timely manner. ➢ Recommendation – Create a Homicide Unit: Each Detective Area and each watch should include squads of specifically trained detectives who handle only homicides (and possibly serious, life-threatening assaults). These detectives should not be assigned other criminal investigations. ➢ Recommendation – Increase the Number of Detective Areas: The CPD should consider revising its internal organizational structure and return to the five Detective Areas that were in place prior to 2013. At a minimum, the CPD should reinstate Area West. ➢ Recommendation – Develop a Consistent Approach to Investigating Homicides: The protocol for assigning and investigating homicides should be consistent among each of the Detective Areas. 2) Staffing and Caseload Management: The Bureau of Detectives is understaffed, and there are not enough sergeants to oversee individual teams of homicide detectives. The CPD does not have a tracking mechanism to identify the number of cases assigned to each detective and who the lead investigator is on each case. Midnight detectives hand off their cases to dayshift detectives, and Area South does not have designated homicide detectives on midnight shift. ➢ Recommendation – Increase Staffing: The CPD should increase staffing levels to ensure that each Detective Area and each watch have specifically designated homicide squads overseen by a sergeant. A Homicide Unit ideally should be staffed so that each detective is the lead on an average of four to six new homicide cases per year. This recommendation is based on best practices10 and on PERF’s finding that an In Area South (i.e., Area 620), the midnight shift includes 23 detectives assigned as “general service” detectives; there are no dedicated homicide detectives in Area South on the midnight shift. 10 Carter, David L. (2013), Homicide Process Mapping: Best Practices for Increasing Homicide Clearances, Washington, DC: Bureau of Justice Assistance. http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 9 5 Executive Summary increase in detectives’ average caseload size can be expected to result in a decrease in their individual clearance rates. ➢ Recommendation – Track Case Metrics: The CPD should develop a mechanism to track the number and types of cases assigned to each detective. ➢ Recommendation – Establish Policies Governing Case Assignment: Commanders from each Detective Area and the Bureau of Detectives should develop detailed guidelines governing case assignment. The policy should ensure that homicide cases are assigned in an equitable manner, with each detective serving as the lead on no more than four to six new homicide cases per year. ➢ Recommendation – Work Cases from Start to Finish: The CPD should revise the practice of midnight detectives handing off cases to dayshift detectives. The policy of midnight detectives transferring cases to dayshift for follow-up may lead to unbalanced case distribution, duplication of effort, and lost productivity, as well as a delay in completing investigative tasks. 3) Written Policies and Procedures: The Chicago Police Department needs a comprehensive set of policies and procedures governing homicide investigations. Currently, the CPD has a series of individual orders related to some components of homicide investigations. The existing orders need to provide more meaningful investigative guidance and accountability. ➢ Recommendation – Update Written Policies: CPD’s Bureau of Detectives (BOD) should update the written SOPs that govern homicide investigations and compile them into a single manual that is distributed to all homicide detectives. As part of this process, the CPD should examine written policies for all units involved in homicide investigations and other formal guidance that govern homicide investigations. ➢ Recommendation – Revise Policy Content: Policies should include detailed, substantive direction on topics such as: detectives’ duties and responsibilities; case file organization; detective selection and supervision; training; performance evaluations and other accountability mechanisms; and the steps that must be taken during each stage of the investigative process. ➢ Recommendation – Disseminate Policies to Detectives: The BOD should disseminate the updated policies to all homicide detectives. Detectives should be required to certify that they have read and understand all new and updated policies. ➢ Recommendation – Incorporate Best Practices into Policies: Revised policies should incorporate the recommendations included in this report and current research on best practices for homicide investigations. 4) Nonfatal Shooting Investigations: CPD needs a better-defined strategy for investigating nonfatal shootings as a way to prevent retaliatory shootings and homicides. 6 Executive Summary There are more than four times as many nonfatal shootings as fatal shootings in Chicago.11 ➢ Recommendation – Give a higher priority to the Investigation of Nonfatal Shootings: Agency leaders should develop a comprehensive strategy to address nonfatal shooting investigations and potential retaliatory shootings, including whether the current organizational structure facilitates the most efficient response to all nonfatal shootings. Thorough investigations of nonfatal shootings can help to prevent future homicides. ➢ Recommendation – Cross-Train Detectives: The difference between a nonfatal shooting and a homicide is often merely a matter of marksmanship, and perpetrators in nonfatal shootings may be future perpetrators (or victims) in homicide cases. Detectives who investigate nonfatal shootings must therefore receive training in how to conduct a thorough homicide investigation. ➢ Recommendation – Improve Internal Coordination: Detectives should improve coordination with Strategic Decision Support Center (SDSC) staff and District Intelligence Officers, especially during the weekly shooting review meetings. Nonfatal shootings often involve suspects, victims, and witnesses who may also be involved in homicide, gang, or robbery cases. Sharing information helps homicide and nonfatal shooting detectives to identify patterns and connections between their cases, enabling them to more effectively prevent and respond to crime throughout the jurisdiction. ➢ Recommendation – Improve Coordination with Prosecutors: The CPD should work with the Cook County State’s Attorney’s Office and the U.S. Attorney’s Office to develop a comprehensive model of addressing illegal possession of firearms to ensure that gun offenders are consistently prosecuted for violations. For example, CPD should request that a State’s Attorney or U.S. Attorney be embedded in the CPD districts to increase prosecutions of gun crimes. 5) Cold Case Investigations: CPD needs written policies governing cold case investigations, including procedures for assigning cold cases and a standard timeframe and criteria for designating a case as “cold.” As currently designed and implemented, the Cold Case Teams do not provide the meaningful case review and quality assurance functions that are critical to the success of homicide investigations. ➢ Recommendation – Establish a Centralized Cold Case Unit: The BOD should establish a centralized Cold Case Unit with a new mission that emphasizes clearing cases while also providing a quality assurance check on homicide investigations. This includes developing uniform written policies and protocols for cold case investigations, which should become part of the Homicide Investigation Manual. ➢ Recommendation – Staff the Cold Case Unit with Top Homicide Detectives: The Cold Case Unit should be organized under the Bureau of Detectives and led by a 11 Based on a five-year average, 2014-2018. Data provided by CPD. 7 Executive Summary lieutenant. The Cold Case Unit should primarily be staffed with top homicide investigators who have a desire to investigate cold cases. The CPD may also consider assigning new homicide detectives to the Cold Case Unit during their first year to learn the value of thorough case management and documentation. 6) Detective and Supervisor Selection: CPD needs a standardized timeframe for offering the promotional exam for police officers interested in becoming detectives; the last test was offered 10 years ago. Additional criteria should be required to sit for the promotional exam and be promoted to detective (currently only one year of patrol experience is required to sit for the exam). The Bureau of Detectives needs established procedures for assigning detectives to specific teams (e.g., Property Crimes, Robbery, and Homicide/Gang/Sex). HGS sergeants and lieutenants are not required to have experience investigating homicides. ➢ Recommendation – Revise the Promotional Exam: The CPD, in coordination with the police union, should revise the existing promotional exam to ensure the most qualified officers are selected for promotion to detective. ➢ Recommendation – Establish a Formal Process for Selecting Homicide Detectives: The CPD should establish a rigorous, formal process for selecting homicide detectives. The process should be based on a set of established qualification criteria that are stated in written policy and are consistently applied to all candidates. The Bureau of Detectives should establish and enforce a formal probationary period for newly-selected homicide detectives. ➢ Recommendation – Establish a Formal Process for Selecting Homicide Supervisors: Implement a formal process for selecting homicide supervisors (sergeants, lieutenants, and commanders). The process should be stated in written policy and consistently applied for all candidates. The CPD should consider requiring a minimum number of years of experience as a homicide investigator for homicide supervisors. ➢ Recommendation – Fill Vacancies Quickly: The Bureau of Detectives should attempt to fill vacancies as quickly as possible. The promotional exam should be offered at regular intervals (e.g., every three years), and the Bureau of Detectives should maintain an active list of potential candidates interested in joining the homicide unit, so they can apply quickly when a vacancy is announced. 7) Investigations Training: Detectives receive limited training on conducting death investigations, and there are few opportunities for advanced training upon assignment as a homicide detective. The Investigative Development Group—a small unit within the Bureau of Detectives responsible for all detective training—needs additional funding, space, and equipment to provide sufficient training to detectives. ➢ Recommendation – Invest Resources and Funding in the Investigative Development Group: The CPD should provide the Investigative Development Group with dedicated training space to ensure smaller class sizes and more frequent training 8 Executive Summary opportunities for detectives. The CPD should also provide adequate funding to hire additional instructors, promote instructor development, and provide instructors the necessary equipment to perform their jobs effectively (e.g., cell phones, projectors, laptops). ➢ Recommendation – Require Basic and Advanced Training for Homicide Detectives: Homicide detectives should receive training – upon entering the unit and throughout their tenure in their unit – on advanced investigative techniques specific to conducting death investigations. In addition to the basic training required of all new detectives, homicide detectives should receive advanced training on investigative techniques, technology, case law, forensics and evidence collection, crime analysis, best practices for homicide investigations, conducting bias-free investigations, and how to investigate specific types of cases (e.g., child deaths, kidnapping). 8) Supervision, Accountability, and Oversight: Detectives need better guidance on case planning and formal reviews of homicide investigations. Performance evaluations need to provide meaningful feedback to detectives to strengthen the investigative process. Implementing a thorough performance evaluation will not only serve to hold poorly performing detectives accountable, it will also allow supervisors to identify and recognize superior performance. ➢ Recommendation – Establish Investigative Plan and Checklist: At the outset of each case, supervisors should work with detectives to establish a detailed investigative plan and formal case checklist. The investigative plan and checklist should become part of the official case file. Sample investigative plans and checklists should be included in the Homicide Investigation Manual. ➢ Recommendation – Conduct Supervisory Case Reviews: Supervisors should conduct mandatory, regular case reviews for the purpose of identifying potential new leads, addressing any gaps in the detective’s investigative process, and updating the investigative plan. The review process should be outlined in the Homicide Investigation Manual and should include reviews of the investigative plan and checklist, as well as the detective’s reports and case file documentation. ➢ Recommendation – Revise Evaluation Process: The Bureau of Detectives should develop a supplemental evaluation form to assess whether each detective is conducting thorough investigations, performing all necessary case follow-up, and properly documenting all investigative tasks and findings. Underperforming detectives should receive additional training. 9) Case Documentation and Records Management: Case files must be better organized and include all relevant documentation. The case files reviewed by PERF included very limited documentation regarding investigative follow-up work; many leads were unaddressed, misfiled, or not documented within the file. ➢ Recommendation – Establish Investigative Plan and Checklist: At the outset of each case, HGS supervisors should work with detectives to establish a detailed 9 Executive Summary investigative plan and formal case checklist. The investigative plan and checklist should become part of the official case file. Sample investigative plans and checklists should be included in the Homicide Investigation Manual. ➢ Recommendation – Strengthen Documentation and Data Collection: The Homicide Investigation Manual should include directions on proper case documentation and required reporting. Any actions taken during an investigation be documented in the case file. This includes actions taken by detectives not formally assigned to the case. ➢ Recommendation –Upgrade the Electronic Records Management System: The CPD should invest in a new electronic records management system (RMS) or upgrade the existing RMS (CHRIS) to ensure that the system is user-friendly, efficient, and practical. 10) Equipment and Technology: Detectives need essential tools, equipment, and technology, including individual workspaces, desktop/laptop computers, a sufficient number of vehicles and radios, and investigative tools such as gun-shot residue (GSR) kits and buccal swab kits. Addressing these needs would help improve the efficiency and effectiveness of homicide investigations, as well as the performance of the homicide detectives. ➢ Recommendation – Invest in Upgrades to the Vehicle Fleet: The CPD should increase the number of vehicles available to homicide detectives to ensure a timely response to homicide scenes and other locations. An insufficient number of reliable vehicles may result in a delayed response to a homicide scene. ➢ Recommendation – Ensure Detectives Have Essential Tools: The CPD should invest in tools for essential office work (e.g., individual workspaces, up-to-date desktop computers) and tools to expand the field capabilities of homicide detectives (e.g., GSR kits, buccal swab kits, laptops, tablets). There should be a sufficient number of radios available for all detectives on duty. 11) Evidence Collection and Analysis: The Illinois State Police (ISP) Crime Lab, which is responsible for processing DNA evidence for the CPD, typically takes 6-12 months to provide results, and some officers reported waiting even longer. This delay in processing DNA evidence is a serious hindrance to solving homicides. The Forensic Services Division is also understaffed, and the crime scene investigators lack the proper equipment needed to perform their jobs effectively and efficiently. Some evidence technicians (ET) lack the training and desire to work homicide scenes, and there is no mandated ongoing training for ETs after the initial training. The CPD has made significant investments in the recovery and analysis of digital evidence and criminal intelligence and analysis, but the department needs to develop substantive policies and procedures to guide investigators in using these resources. 10 Executive Summary ➢ Recommendation – Prioritize DNA Testing for Homicide Cases: The CPD should work with ISP to develop a matrix protocol for prioritizing DNA testing for homicide cases. ➢ Recommendation – Evaluate Staffing, Training, and Equipment Needs: The CPD should evaluate the staffing, training, and equipment needs of the Forensic Services Division to ensure that all crime scene personnel are properly trained and have the resources they need in order to efficiently and accurately process a homicide scene. The Bureau of Detectives should consider creating a new classification of evidence technicians who have the interest, training, and experience to work homicide scenes. ➢ Recommendation – Update Policies and Procedures Regarding Digital Evidence: Digital evidence is increasingly critical to criminal investigations.12 The CPD should streamline the provision of digital evidence services and update the written policies and procedures that govern the collection and processing of all cell phones, computers, video footage, and other electronic devices that are recovered as evidence. All investigators should be trained on these policies and held accountable for following them. 12) Internal Coordination: Communication and coordination among detectives within a given Detective Area are good, but there is a need for communication and coordination between other units involved in homicide investigations (e.g., patrol; Strategic Decision Support Centers, District Intelligence Officers, and the Crime Prevention Information Center, or CPIC). ➢ Recommendation – Ensure Consistency at Crime Scenes: To ensure that crime scenes are consistently and thoroughly secured and managed, leaders from the Bureau of Detectives and patrol should develop a standardized worksheet for patrol officers to use when responding to crime scenes. Patrol officers should also receive comprehensive (and ongoing) training on crime scene processing and management. ➢ Recommendation – Improve Cross-Department Collaboration: The CPD should emphasize the value of cross-department collaboration and information-sharing. For example, units should coordinate regular training briefings to share policies, protocols, and capabilities. Detectives should improve coordination with other units (e.g., follow up with patrol officers after a homicide; ensure that intelligence products produced by CPIC are valuable to homicide detectives; meet with SDSC personnel and District Intelligence Officers as part of the homicide investigation). 13) External Coordination: There is a need for more communication and coordination between homicide detectives and external groups such as the Cook County State’s Attorney’s Office and the Medical Examiner’s Office. There is also a significant disconnect between the CPD and the community. Strong relationships between these 12 Goodison, Sean E., Robert C. Davis, and Brian A. Jackson (2015), Digital Evidence and the U.S. Criminal Justice System: Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence, Washington, DC: RAND Corporation, the Police Executive Research Forum, RTI International, and the University of Denver. http://www.rand.org/content/dam/rand/pubs/research_reports/RR800/RR890/RAND_RR890.pdf. 11 Executive Summary various groups can promote more effective homicide investigations. The services available to assist victims and witnesses are insufficient, potentially contributing to a reluctance among victims and witnesses of crimes to cooperate with the police. ➢ Recommendation – Strengthen Coordination with the Cook County State’s Attorney’s Office: Leaders from the CPD, the Bureau of Detectives, and the Cook County State’s Attorney’s Office should explore strategies for improving communication and coordination on homicide investigations. For example, the Homicide Investigation Manual should include a specific process to follow when presenting a case to the State’s Attorney’s Office for an arrest warrant. The CPD and the State’s Attorney’s office can also provide cross-training opportunities for detectives and prosecutors, and should conduct weekly meetings to promote positive relationships, facilitate information-sharing, and discuss ongoing cases. ➢ Recommendation – Improve Communication with Victims’ Families and Strengthen Services for Victims and Witness: The CPD should work with the Cook County State’s Attorney’s Office and Chicago Survivors,13 a crime victim services organization, to improve services for victims and witness of crime, including witness protection and relocation efforts. Detectives should communicate more frequently and consistently with families of homicide victims. The CPD should develop a memorandum of understanding with Chicago Survivors to improve communication and coordination with victims’ families. ➢ Recommendation – Strengthen Coordination with the Cook County Medical Examiner: The CPD should work with the Cook County Medical Examiner to develop clear policies and procedures regarding the role and responsibilities of detectives assigned to the Medical Examiner’s Office. Moving Forward PERF, with support from BJA, will provide ongoing technical assistance to help the CPD implement these recommended reforms. In addition to providing the CPD with guidance on best practices, PERF will work with BJA to establish a consortium of experts comprised of practitioners, trainers, researchers, and others experienced in homicide investigations, to provide training and technical assistance. PERF will also help connect CPD leaders with other police agencies that can provide peer-to-peer assistance with training, policy development, and the implementation of effective homicide investigation strategies. 13 https://chicagosurvivors.org/ 12 Table of Contents Table of Contents Executive Summary ........................................................................................................................ 2 Key Observations and Recommendations .................................................................................. 5 Moving Forward ....................................................................................................................... 12 Table of Contents .......................................................................................................................... 13 Introduction ................................................................................................................................... 16 Overview ................................................................................................................................... 16 Methodology ............................................................................................................................. 17 Agency Organization, Staffing and Caseload Management ......................................................... 18 Bureau of Detectives Organization ........................................................................................... 18 Staffing and Caseload Management ......................................................................................... 20 Recommendations: Agency Organization, Staffing and Caseload Management ..................... 27 Homicide Investigation Policies and Procedures .......................................................................... 30 Homicide Investigation Standard Operating Procedures .......................................................... 30 Recommendations: Homicide Investigation Policies and Procedures ...................................... 31 Nonfatal Shooting Investigations .................................................................................................. 34 Gun Violence in Chicago .......................................................................................................... 34 Response to Nonfatal Shootings ............................................................................................... 35 Recommendations: Nonfatal Shooting Investigations .............................................................. 37 Cold Case Investigations............................................................................................................... 40 Recommendations: Cold Case Investigations ........................................................................... 41 Detective and Supervisor Selection Process ................................................................................. 45 Best Practices for Detective and Supervisor Selection ............................................................. 46 Recommendations: Detective and Supervisor Selection .......................................................... 47 Investigations Training ................................................................................................................. 50 Formal Investigations Training ................................................................................................. 51 On-the-Job Training and Mentoring ......................................................................................... 53 Recommendations: Investigations Training ............................................................................. 54 Supervision, Accountability, and Oversight ................................................................................. 59 Leadership and Supervision ...................................................................................................... 59 Supervisory Case Review ......................................................................................................... 60 Performance Evaluation and Accountability Mechanisms ....................................................... 61 13 Table of Contents Recommendations: Supervision, Accountability, and Oversight ............................................. 62 Case Documentation and Records Management .......................................................................... 66 Case Documentation and Organization .................................................................................... 66 Electronic Documentation ........................................................................................................ 67 Recommendations: Case Documentation and Records Management ...................................... 68 Equipment and Technology .......................................................................................................... 71 Equipment and Technology ...................................................................................................... 71 Recommendations: Equipment and Technology ...................................................................... 71 Evidence Collection and Analysis ................................................................................................ 73 DNA Processing........................................................................................................................ 73 Crime Scene Investigation ........................................................................................................ 74 Firearms Lab ............................................................................................................................. 78 Recommendations: Evidence Collection and Analysis ............................................................ 80 Digital Evidence........................................................................................................................ 82 Recommendations: Digital Evidence and Criminal Intelligence and Analysis ........................ 84 Internal Coordination .................................................................................................................... 87 Overall Coordination and Communication ............................................................................... 87 Recommendations: Internal Coordination ................................................................................ 88 Patrol Units ............................................................................................................................... 89 Recommendations: Patrol Units ............................................................................................... 90 Other Investigative Units .......................................................................................................... 91 Recommendations: Other Investigative Units .......................................................................... 92 Crime Prevention Information Center ...................................................................................... 93 Recommendations: Crime Prevention Information Center....................................................... 93 Office of Emergency Management and Communications ........................................................ 94 Recommendations: Office of Emergency Management and Communications ........................ 95 External Coordination ................................................................................................................... 96 Cook County State’s Attorney’s Office .................................................................................... 96 Recommendations: Cook County State’s Attorney’s Office .................................................... 97 Victim and Witness Services .................................................................................................... 98 Recommendations: Victim and Witness Services .................................................................. 100 Community Cooperation......................................................................................................... 101 Recommendations: Community Cooperation ......................................................................... 102 Cook County Medical Examiner ............................................................................................ 103 14 Table of Contents Recommendations: Cook County Medical Examiner............................................................. 103 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations .............................................................................................................................. 104 Appendix A: Chicago Police Department Homicide Assessment Project Team ....................... 110 Appendix B: Sample Policies and Procedures ............................................................................ 111 Appendix C: Homicide Investigations Manual Master Index .................................................... 112 Appendix D: Recommended Training for Detectives ................................................................ 113 Appendix E: References and Resources ..................................................................................... 115 15 Introduction Introduction In 2014, the Police Executive Research Forum (PERF) was selected by the U.S. Justice Department’s Bureau of Justice Assistance (BJA) to conduct the Homicide Investigations Enhancement Training & Technical Assistance Project. As part of this project, PERF has been conducting comprehensive assessments of the homicide investigation processes in police departments across the country, recommending individualized strategies to improve homicide clearance rates, and providing ongoing technical assistance to help each department implement the recommendations. Overview This report summarizes PERF’s review of the Chicago Police Department (CPD) and provides recommendations for addressing policy gaps and procedural weaknesses that may contribute to low homicide clearance rates. At the outset, two points should be noted. First, the CPD leaders and personnel interviewed by PERF demonstrated a strong commitment to improving homicide investigations and protecting the safety of their community. The recommendations provided in this report seek to build upon this foundation and ensure that those involved with homicide investigations have the direction, support, and oversight they need to succeed. Second, many of the challenges faced by the CPD are not unique. Although the recommendations in this report are tailored to the CPD, many recommendations could apply to other police agencies throughout the country. Many police agencies are struggling with similar challenges that can constrict how cases are investigated (e.g., organizational challenges, gaps in training and supervision, slow turnaround times for DNA evidence, a lack of witness cooperation). PERF recognizes that many of the recommendations included in this report will require longterm planning and implementation, as well as significant investments in additional staffing and resources. The conclusion of this report provides suggestions for some steps that the CPD can take to immediately strengthen its homicide investigation process. Additionally, PERF and BJA will continue to provide ongoing technical assistance to the CPD as it works to implement the recommendations in this report. Given the proliferation of shootings and homicides in Chicago, it is more important than ever that these crimes be investigated thoroughly and according to best practices. Evidence suggests that thorough investigations not only help bring perpetrators to justice; they also help prevent future homicides by incarcerating repeat offenders and reducing retaliation killings.14 CPD leaders have demonstrated a continued commitment to positive change throughout the duration of this project. They have recognized that protocols for investigating homicides are not 14 Carter, David L. (2013), Homicide Process Mapping: Best Practices for Increasing Homicide Clearances. Washington, DC: Bureau of Justice Assistance, available at http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 16 Introduction sufficient, and they are dedicated to adopting strategies to better protect members of the community. Methodology This review was conducted by an assessment team that included Jessica Toliver, Director of Technical Assistance at PERF; Lisa Mantel, a senior researcher for PERF; and three subject matter experts: Ronal W. Serpas, former chief executive of the New Orleans Police Department and the Nashville Police Department; George Kucik, a former homicide commander with Washington, D.C.’s Metropolitan Police Department; and John Skaggs, a retired homicide detective with the Los Angeles Police Department.15 Interviews: The assessment team conducted two site visits to the CPD in December 2018 and January 2019. Over the course of the two visits, the team members interviewed more than 50 CPD personnel, including: executive command staff, detectives and supervisors from the Bureau of Detectives, patrol officers and supervisors, the Forensic Services Division, crime analysis, and emergency communications staff. PERF also interviewed personnel from the Cook County State’s Attorney’s Office, the Cook County Medical Examiner’s Office, and the Civilian Office of Police Accountability. Each person interviewed was forthcoming and clearly committed to improving homicide investigations and doing what is best for the community. Document and Data Review: The assessment team reviewed the CPD’s written directives, homicide logs, sample intelligence reports, organizational charts, sample crime reports, and clearance data. 15 See Appendix A for a list of the PERF assessment team members. 17 Agency Organization, Staffing and Caseload Management Agency Organization, Staffing and Caseload Management Bureau of Detectives Organization Observations: The Chicago Police Department does not have a specifically designated “Homicide Unit.” The current organizational structure of only three Detective Areas makes it challenging for detectives to respond to shooting and homicide scenes in a timely manner. In Chicago, homicides are investigated by detectives assigned to the Violent Crimes Section within one of three Detective Areas in the Bureau of Detectives: Area Central (Area 610), Area South (Area 620), and Area North (Area 630). The Bureau of Patrol is organized into the same three Areas, which are further divided into 22 districts. Each Detective Area includes a Property Crimes Section and a Violent Crimes Section. Property Crimes includes detectives assigned to investigate robberies, burglaries, and thefts (referred to as “RBT”). RBT detectives are housed in the districts. The Violent Crimes Section includes separate teams of detectives assigned to investigate homicides, aggravated assaults (including nonfatal shootings), and sex crimes. These detectives are referred to as “HGS” or homicide/gang/sex;16 there is not a specifically designated “Homicide Unit.” HGS detectives are housed in the Detective Areas. Some Areas also include general assignment detectives. These detectives respond to all of these crimes and are not assigned to specific teams (e.g., homicide, aggravated assaults, sex crimes). Special victims investigations (“SVU”), including domestic and juvenile crimes, also fall within the Violent Crimes Sections. Each Area also includes a Cold Case Team to investigate cold cases. The current organizational structure is captured in Figure 1 below.17 Interviewees indicated that the “gang” portion of HGS in fact does little work with gangs. There is a separate unit within the Bureau of Organized Crime that focuses on gang activity. 17 This figure does not represent the entire organization of the Bureau of Detectives; it is meant to show the organization of detectives with respect to homicide investigations. 16 18 Agency Organization, Staffing and Caseload Management Bureau of Detectives Area North Command Area South Command Area Central Command Property Crimes Property Crimes Property Crimes Violent Crimes Violent Crimes Violent Crimes Homicide/Gang/Sex Homicide/Gang/Sex Homicide/Gang/Sex Special Victims Special Victims Special Victims Cold Case Cold Case Cold Case Figure 1: Bureau of Detectives Organization The CPD should revise its organizational structure to create a specific “Homicide Unit” within the Bureau of Detectives. Homicide detectives should be assigned to separate and distinct squads responsible for responding to and investigating only homicides. Each of those squads should be supervised by a sergeant, and a lieutenant should oversee several squads. Response to Homicide Scenes The CPD was previously organized into five Detective Areas. In 2012, the CPD reduced the number of Detective Areas from five to three. The consolidation was intended to save money and put more patrol officers on the street, but it resulted in detectives having to share computers and vehicles. The consolidation also increased the geographic size of the Detective Areas. Numerous interviewees indicated that because of traffic, it can sometimes take 60-90 minutes for a detective to arrive on the scene of a homicide or a shooting. A delay in response can hamper the investigation in several ways. For example, witnesses may no longer be on the scene, and evidence could become contaminated due to a variety of reasons (e.g., weather conditions, the presence of numerous first responders). One study found that there is a relationship between case clearance and whether detectives arrive at a crime scene within 30 minutes of the initial call.18 The CPD should strive to improve response times to homicide scenes. Revising the organizational structure to add an additional Detective Area (e.g., Area West) may help 18 Wellford & Cronin (1999), Clearing Up Homicide Clearance Rates. https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. 19 Agency Organization, Staffing and Caseload Management improve response times. The CPD should also house homicide detectives in the districts where the most homicides occur. The next section addresses staffing and caseload management in further detail, including when and where homicides occur. Staffing and Caseload Management Observations: The Bureau of Detectives is understaffed, and there are not enough sergeants to oversee individual teams of homicide detectives. The CPD does not have a tracking mechanism to identify the number of cases assigned to each detective and who the lead investigator is on each case. Midnight detectives hand off their cases to dayshift detectives, and Area South does not have designated homicide detectives on midnight shift. Staffing In preparation for the site visit, PERF requested data on the number of homicide detectives, total authorized strength, number of vacancies, shift schedules, and number of cases assigned to each detective. Because of the organizational structure, CPD officials were unable to provide PERF with an exact number of homicide detectives. However, PERF learned that in 2018, the BOD was budgeted for a total of 1,066 detectives for all areas and all assignments. At the time of PERF’s initial site visit, there was a total of 928 detectives—138 detectives short of the authorized strength. PERF was also advised that there was a shortage of 60 sergeants for the BOD. The following table provides a snapshot of the shift schedule and coverage for each Detective Area:19 Table 3: Shift Schedule and Coverage by Detective Area Area Watch Detectives Assigned to Homicide Detectives Per Shift Central (610) 1st 9 6 8.5-hour-shift 2nd 16 10-11 3rd 25 16-17 Area Central Total Number of Homicide Detectives: 50 South (620) 1st 020 19 23 The hours are delineated in the collective bargaining agreement. First watch begins at 10 p.m., 2nd watch begins at 7 a.m., and 3rd watch begins at 3 p.m. 20 There are 23 detectives in Area 620 (South) assigned to 1st watch. These detectives are designated as “general assignment” detectives. There are no detectives specifically assigned to work homicides in Area 620 on 1 st watch. 20 Agency Organization, Staffing and Caseload Management Area Watch 10-hour shift Detectives Assigned to Homicide Detectives Per Shift 2nd 13 7 3rd 18 10 Area South Total Number of Homicide Detectives: 31 North (630) 1st 8 5 8.5-hour shift 2nd 19 12-13 3rd 20 13 Area North Total Number of Homicide Detectives: 47 Total Number of Homicide Detectives: 128 The City of Chicago and the Police Department should increase the number of detectives and sergeants to attain the authorized strength of the Bureau of Detectives. Homicide Caseloads Since 2014, the City of Chicago has averaged 583 homicides each year.21 With approximately 128 detectives responsible for investigating homicides, each detective should therefore be the lead on an average of 4.5 cases per year. This falls within BJA’s guidance that a homicide unit is optimally staffed when each detective is the lead investigator on no more than four to six new homicide cases per year. However, CPD officials do not have a tracking mechanism to determine the exact number of homicide cases assigned to each detective. PERF’s interviews confirm this; many detectives were unable to state definitively how many cases they had been assigned in the past year. Without these metrics, it is difficult to assess the number of homicide detectives required for each Detective Area. Some detectives reported being assigned as the lead detective in as many as 11 cases in a single year. The sergeants and lieutenants PERF interviewed also did not know how many cases their detectives had been assigned in a given year. One of the most significant issues affecting caseloads is the longstanding practice of midnight (or 1st watch) detectives transferring their cases to dayshift detectives. For homicide cases, these detectives typically respond to the scene, but then hand off the case to a 21 Data provided by CPD. 21 Agency Organization, Staffing and Caseload Management dayshift detective for follow-up investigation. Midnight shift detectives may keep a homicide case if it appears likely to be solved easily, or a suspect is in custody within hours. In addition, there are no detectives on the midnight shift in Area South who are specifically designated to investigate homicides. Instead there are general assignment detectives who respond to homicides, shootings, and any other crimes requiring a detective response. These detectives also hand off their cases to dayshift detectives. Some interviewees reported that the quality of the work of midnight shift detectives was lacking, and others reported that it can take days for a dayshift detective to be assigned a case that originated on midnight shift. The CPD should revise the practice of midnight detectives transferring their cases to dayshift detectives, and should require detectives to work cases from inception. The policy of midnight detectives transferring cases to dayshift for follow-up may lead to unbalanced case distribution, duplication of work, and lost productivity, as well as a delay in completing investigative tasks. The lead detective assigned to a case should be required to respond to the crime scene. In Chicago, the shift schedule is specified per the collective bargaining agreement. The CPD and union officials should explore the use of an on-call rotation system to ensure that a lead detective is assigned to homicide cases from the beginning. Below are options for CPD to consider when evaluating the shift schedule and assignment: Option 1: One possibility is to use an on-call system for the midnight shift or a portion of the overnight hours (e.g., 2 a.m. to 6 a.m.). Under this system, a team of dayshift detectives will be on call and responsible for investigating all new homicides that occur during overnight hours. When an on-call detective receives a new case, he or she should be removed from the on-call rotation, so they can work the case until the investigation is complete. Option 2: A second option is to have a permanent midnight response squad that is on-duty during the overnight hours (11 p.m. to 7 a.m.) and responds to homicide scenes immediately. Under this approach, a team of detectives can respond quickly to secure the scene and begin to identify witnesses. The other squads can rotate between dayshift (7 a.m. to 3 p.m.) and evening shift (3 p.m. to 11 p.m.). Dayshift and evening shift detectives can maintain an oncall rotation for homicides that occur during night shift hours. When a homicide occurs between 11 p.m. and 7 a.m., the midnight response squad responds to begin the initial investigation, but also calls in an on-call detective to respond to the scene and serve as the lead detective. This allows the lead detective to maintain some control of the crime scene and witnesses, and also to have a team of detectives to assist them while they are there on the scene. After the initial response, the lead detective can continue to work the case with his/her squad during their regularly assigned shift (e.g., dayshift or evening shift). Option 3: A third option is to assign all homicide detectives to dayshift. A large portion of a homicide detective’s work occurs during regular business hours (e.g., interviewing witnesses, meeting with the prosecutor and forensic services). To ensure 24-hour coverage, CPD could implement a separate call-out rotation for weeknights and weekends. When homicides occur 22 Agency Organization, Staffing and Caseload Management during those hours, general assignment detectives could respond to the scene immediately, but also call in an on-call homicide detective to respond to the scene and serve as the lead detective. Regardless of which option is selected, the CPD should ensure that the on-call system does not create an additional caseload burden on detectives. Furthermore, the CPD will need to evaluate the equipment and technology needs for each Area, to ensure that all detectives have the resources to perform their jobs efficiently and effectively. Many detectives PERF interviewed indicated that there were not enough vehicles, radios, or individual workspaces under the current organizational structure and shift schedule. CPD’s equipment and technology needs are discussed later in this report. When Homicides Occur The structure of CPD’s shift schedule may also contribute to uneven detective workload burdens. At the time of PERF’s initial site visit (mid-December 2018), 27 percent of homicides that had occurred in 2018 (149 homicides) occurred on 1st watch, 26 percent occurred on 2nd watch (142 homicides), and 46 percent occurred on 3rd watch (251 homicides).22 The majority of homicides occurred Friday through Monday, between the hours of 7:00 p.m. and 1:00 a.m.23 Homicides by Day of Week 140 123 120 100 80 106 96 95 72 80 69 84 80 79 83 79 68 64 60 40 20 0 Monday Tuesday Wednesday Thursday 2017 Homicides Friday Saturday Sunday 2018 Homicides Figure 2: Homicides by Day of the Week While the shift schedule provides 24-hour coverage, CPD should work with union officials to determine whether the existing schedule ensures sufficient coverage to handle the workload. Inadequate staffing and inefficient scheduling can contribute to heavy caseloads for some detectives. Shifts should be structured to ensure there are enough detectives available to respond to the volume of incoming calls. 22 23 Data provided by CPD. Data for 2018 covers January 1, 2018 through December 13, 2018. Data provided by CPD. Data for 2018 covers January 1, 2018 through December 13, 2018. 23 Agency Organization, Staffing and Caseload Management Additionally, CPD and union officials should ensure that the structure of the shift schedules does not cause detectives to catch multiple new cases in a row. Based on available data, CPD should review the Area and shift assignments to ensure there are enough detectives available for incoming cases on Friday through Monday, between 7 p.m. and 1 a.m. Homicides by District Area North includes Districts 11, 14, 15, 16, 17, 19, 20, 24, and 25. Area Central includes Districts 1, 2, 3, 8, 9, 10, 12, and 18. Area South includes Districts 4, 5, 6, 7, and 22. As shown in Figure 4, below, the greatest number of homicides in 2018 occurred in Districts 5, 6, and 7 (of Area South), District 10 (of Area Central), and Districts 11 and 15 (of Area North).24 Figure 3: Homicides by District Despite being responsible for three districts with some of the highest number of homicides per district, Area South has the fewest number of detectives assigned specifically to investigate homicides. As shown in Figure 5 below, Area South was responsible for 24 Chicago Police Department 2018 Annual Report, https://home.chicagopolice.org/inside-the-cpd/statisticalreports/annual-reports/. 24 Agency Organization, Staffing and Caseload Management investigating 215 homicides in 2017 and 206 homicides in 2018, yet there were only 31 detectives assigned solely to investigate homicides. This means that Area South detectives were assigned an average of 6.9 cases per year in 2017 and 6.6 cases per year in 2018, which is above the recommended guidelines of four to six new cases per year.25 Number of Homicides per Area 300 250 200 241 215 206 182 180 177 150 100 50 0 Area Central 50 homicide detectives Area South 31 homicide detectives 2017 Homicides Area North 47 homicide detectives 2018 Homicides Figure 4: Homicides by Area The BOD should add additional detectives to Area South. To improve response times to homicide scenes, the BOD should also assign detectives to work out of the districts where homicides most frequently occur. Each Detective Area should include teams of detectives specifically designated to investigate homicides. Case Assignment When a homicide occurs, a detective is assigned as the lead investigator, but other detectives respond to assist during the initial stages of the investigation. Homicide cases are assigned to a detective based on a rotation. However, there are no policies governing case assignment. Based on interviews, homicide cases are assigned in an inequitable manner, leading some detectives to carry heavier caseloads than others. The CPD should use a systematic process for assigning new cases to detectives, taking into account factors such as the detectives’ existing caseload and when the detective last caught a new case. As discussed later in this report, the CPD should revise the policies and procedures that govern homicide investigations to include a policy that specifically addresses case assignment. 25 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 25 Agency Organization, Staffing and Caseload Management Best Practices for Homicide Caseloads According to a landmark guide on best practices for homicide investigations published by the DOJ Bureau of Justice Assistance, research has found that a homicide unit is optimally staffed when each detective is the lead investigator on no more than four to six new homicide cases per year. (These numbers may vary depending on the solvability of cases; for example, a detective can handle more cases of types that are typically quicker to solve, such as murdersuicides).26 The guideline of four to six new cases is recommended to allow detectives to thoroughly investigate new homicide cases, while still giving them time to perform other duties, such as following up on cases from prior years, acting as a secondary investigator on other homicide cases, testifying in court, attending training, and performing administrative duties.27 Excessive caseloads can limit the progress of investigations in several ways. First, having large caseloads can make it difficult for homicide detectives to thoroughly investigate any single case for an adequate period of time. This is especially true when detectives are assigned to multiple new cases in a row, or within a short time frame. When detectives must stop investigating a current case to start investigating a new one, they can lose the opportunity to be proactive and follow up on important investigative leads. Second, large caseloads may make it difficult for detectives to assist on investigations to which they are not directly assigned. If homicide unit detectives have time to help each other on investigations, tasks can be completed more thoroughly and efficiently. Increased collaboration can also help improve the quality of investigations by ensuring that each case is regularly seen by a fresh set of eyes. Third, heavy caseloads make it difficult for detectives to perform tasks in a timely manner, which research shows can be an important factor for clearing homicide cases.28 As noted earlier, one study found that there is a relationship between case clearance and whether detectives arrive at a crime scene within 30 minutes of the initial call.29 This same study also found a relationship between case clearance and whether detectives attend the post-mortem examination.30 Detectives may have a difficult time responding within this 30-minute window or attending autopsies when they are called out to another case or are overwhelmed with other work. 26 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. It is important to note that this recommendation is not an empirically established number, but rather a guidepost. The actual number will depend on the nature of the homicides involved, and whether cases are types that usually can be cleared quickly. 27 Ibid. 28 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf; Wellford & Cronin (1999), https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. 29 Wellford & Cronin (1999), https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. 30 Ibid. 26 Agency Organization, Staffing and Caseload Management Recommendations: Agency Organization, Staffing and Caseload Management ➢ Recommendation #1: The CPD should revise its organizational structure to create a specific “Homicide Unit” within the Bureau of Detectives. o Homicide detectives should be assigned to separate and distinct squads responsible for responding to and investigating only homicides. o Each of those squads should be supervised by a sergeant, and a lieutenant should oversee several squads. ➢ Recommendation #2: To improve response times to homicide scenes, the CPD should consider revising its internal organizational structure to return to the five geographic areas that were in place prior to 2013. o The geography, traffic, and population of the city makes it challenging to effectively police large areas and respond to scenes in a timely manner. Expanding the number of Detective Areas may improve response times to homicide and nonfatal shooting scenes. o At a minimum, the CPD should reinstate Area West. o The CPD should also consider housing homicide detectives in the districts where the most homicides occur. ➢ Recommendation #3: The Bureau of Detectives should be organized and staffed in a way that promotes accountability and collaboration. Each Detective Area should include squads of specifically trained detectives who handle only homicides (and possibly serious, life-threatening assaults). o The detectives in these squads should not be assigned other criminal investigations. o Each of these squads should be assigned a sergeant who is responsible for the supervision of detectives in his/her squad and for conducting regular case reviews. A lieutenant should then oversee several squads. o When possible, detectives in the homicide unit should take a team approach to investigating new cases. One detective is assigned as the lead detective, but other detectives who are on duty when a new homicide case comes in should assist the primary detective with tasks such as interviewing witnesses, retrieving video footage, etc. in order to help ensure that these tasks are completed promptly. This team approach is easier to implement if detectives’ caseloads are relatively small and the unit’s staffing levels are high. ➢ Recommendation #4: The City and the Police Department should increase the number of homicide sergeants and detectives to meet the Bureau of Detectives’ authorized strength. 27 Agency Organization, Staffing and Caseload Management o The staffing levels should be sufficient to support individual squads of homicide detectives, each overseen by a homicide sergeant. o The CPD should take steps to fill homicide detective and sergeant vacancies as quickly as possible. (See Recommendations 26-28.) ➢ Recommendation #5: The shift schedule and case rotation should be designed in a way that promotes an even and fair distribution of cases. There should be room for flexibility as situations change. The schedule should be set in advance (e.g., at the beginning of each year) and managed by supervisors. o At the time of PERF’s initial site visit (mid-December 2018), the majority of homicides (46 percent) occurred on 3rd watch, with the most taking place Friday through Monday, between the hours of 7 p.m. and 1 a.m. However, relatively few homicide detectives are on duty at these times. o Shift schedules and case rotations should be designed so that detectives do not receive two new homicide cases in a row. o For example, if the squad system is used, there should be two or more squads available to receive new cases assigned to the shifts during which homicides are most likely to occur. The two squads should alternate responding to calls so that the same squad does not catch two new cases in a row. ➢ Recommendation #6: Leaders from the Bureau of Detectives and each Detective Area should revise the current practice of midnight detectives transferring homicide cases to dayshift homicide detectives. o The lead homicide detective should be assigned at the inception of the case and should be required to respond to the crime scene. o The CPD should consider implementing an on-call system to ensure that the lead detective is assigned to the case at the beginning. This may require renegotiating the collective bargaining agreement with the department’s labor organization. If CPD implements an on-call system, it should be structured to ensure that the system does not create an additional caseload burden. For example: ▪ Keep the duration of the on-call rotation short (e.g., one week); ▪ Maintain a one-month rotation but have two (or more) teams assigned to be on call at a time and alternate which team responds to a new call. This could help ensure that one team does not receive multiple new cases in a row. ▪ Assign a back-up on-call team to provide coverage when the regularly scheduled on-call team has the day off. o Options for implementing an on-call system include: 28 Agency Organization, Staffing and Caseload Management ▪ Use an on-call system for the midnight shift or just a portion of the overnight hours (e.g., 2 a.m. to 6 a.m.). ▪ Employ a permanent midnight response squad to respond to homicide scenes immediately, but also call in an on-call detective from dayshift or evening shift to serve as the lead detective. ▪ Assign all homicide detectives to dayshift but call in an on-call detective to respond to the scene and serve as the lead detective for homicides that occur on weeknights and weekends. o If CPD maintains the existing shift schedule, the midnight shift in Area South should include designated homicide detectives to respond to scenes. ➢ Recommendation #7: Commanders from each Detective Area and the Bureau of Detectives should develop a tracking mechanism to accurately track the number and type of cases assigned to each homicide detective. ➢ Recommendation #8: The CPD should develop written policies and detailed guidelines governing case assignment. Command staff should rely on input from leaders from each Detective Area when developing these policies. The policies should ensure that homicide cases are assigned in an equitable manner, with each homicide detective serving as the lead on no more than four to six new homicide cases per year. This recommendation is based on best practices31 and on evidence that increases in detectives’ caseloads can be related to declines in clearance rates. o Though the Homicide Units may be split among the individual Detective Areas, the protocol for assigning and investigating homicides should be consistent among each Area. 31 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf., Although BJA’s best practices guide recommends that detectives serve as the lead on an average of three to five new homicide cases per year, this number may be difficult for many agencies to achieve given limited resources for hiring additional detectives. This is why PERF recommends four to six cases at a maximum. 29 Homicide Investigation Policies and Procedures Homicide Investigation Policies and Procedures Observations: The Chicago Police Department needs a comprehensive set of policies and procedures governing homicide investigations. Currently, the CPD has a series of individual orders related to some components of homicide investigations. The orders need to provide more meaningful investigative guidance and accountability. There is also a need for more consistency across Detective Areas in how homicide cases are investigated. Homicide Investigation Standard Operating Procedures In preparation for the site visits, PERF researchers and consultants were provided with copies of general and special orders covering a wide array of topics, including: department organization, promotions and career development, investigative responsibilities and procedures, interrogations, and crime scene processing. There is no general or special order that specifically and comprehensively covers death investigation procedures. Rather, there are individual orders that cover various components of homicide investigations. For example, General Order G04-01, Preliminary Investigations, outlines the immediate procedures to be taken by CPD personnel upon assignment to a call for service. Bureau of Detectives (BOD) Special Order 15-14, Investigative Guidelines, describes the investigative guidelines to be used by BOD detectives (including homicide detectives) when conducting investigations. In both orders, the procedures listed are general in nature, and not specific to homicide investigations. BOD Special Order 15-21, Death Investigation Guidelines, specifies who is responsible for making a death notification, and outlines the responsibilities of the detective assigned to the morgue and supervisors assigned to Detective Areas. However, this order does not include any step-by-step procedures on how to conduct a death investigation. As currently written, the orders do not provide substantive guidance to detectives on their duties and responsibilities in a homicide investigation. For example, although the procedures outline the basic steps that detectives and supervisors take upon assignment, the orders lack substantive guidance on training and orientation, case assignment procedures, crime scene response, evidence collection and submission, reporting and documentation, and supervision and accountability. The existing orders also do not include homicide investigation checklists, case review checklists, or guidance on organizing the case file. The lack of guidance contributes to inconsistencies in the way that homicide cases are investigated. Interviewees reported that detectives in different units and different Detective Areas operate their own way. Establishing uniform guidance on conducting homicide investigations and applying that guidance across the entire department can improve the quality of investigations. The Importance of Strong Written Policies and Procedures Clear policies and procedures are critical for ensuring that detectives are aware of their duties and responsibilities and for ensuring that important investigative steps are not overlooked. And even the strongest policies can be made ineffective if personnel are not properly trained on their use and held accountable for following the policy requirements. The BOD should have a 30 Homicide Investigation Policies and Procedures comprehensive set of standard protocols to govern all the critical components of a homicide investigation, including step-by-step instructions for each stage of the investigation process. These protocols—captured in a comprehensive Homicide Investigation Manual—should be made clear to homicide detectives, and they should provide the basis for evaluating detectives’ performance and ensuring that cases are investigated thoroughly and consistently. Homicide investigations necessarily involve personnel from across the department, including patrol officers, crime analysts, and detectives from other units, as well as personnel from organizations outside of the CPD, including the Cook County State’s Attorney’s Office and the Cook County Medical Examiner’s Office. Therefore, development of a Homicide Investigation Manual will require consultation not only with other CPD units, but also with other organizations involved in homicide investigations. The effort to update these policies should be coordinated and collaborative across the department. Specific policy recommendations for other units and organizations can be found in Recommendations 68-88 of this report. Recommendations: Homicide Investigation Policies and Procedures ➢ Recommendation #9: The CPD should update all written SOPs that govern homicide investigations to ensure they provide clear and comprehensive guidance on the duties and responsibilities of detectives assigned to investigate homicides (i.e., Homicide/Gang/Sex crimes detectives, or “HGS”). o Relevant homicide unit policies, directives, SOPs, and checklists should be compiled into a user-friendly manual that is distributed to all homicide detectives. o The Homicide Investigation Manual should include a set of standard policies and protocols for conducting homicide investigations, and should prominently feature a detailed, step-by-step description of actions to be taken at each stage of the investigation process. The manual should also include mechanisms for ensuring that homicide unit personnel are properly supervised and held accountable for their performance. o The policies and procedures should be consistent across each of the three Detective Areas (i.e., North, South, Central). ➢ Recommendation #10: The Homicide Investigation Manual should be organized so that information is presented clearly and in a way that is easy to follow. o The manual should be divided into clearly marked sections and include a detailed Table of Contents. o The homicide investigation checklist should be featured prominently. o The manual should only include policies and procedures that are directly related to homicide investigations, and the guidance should be specific to the Chicago Police Department. Policies and procedures that are only indirectly related to homicide 31 Homicide Investigation Policies and Procedures investigations should be removed from the Homicide Investigation Manual and presented to personnel in a separate format. o Sample checklists and reports should be presented with context so that detectives understand their relevance and how to complete required tasks. ➢ Recommendation #11: All current homicide detectives should be given a copy of the Homicide Investigation Manual, and new personnel should be given a copy of the manual upon their arrival to the unit. o Supervisors should review the manual with homicide detectives, and detectives should be held accountable for following the policies and procedures contained in the manual as part of their performance evaluations. ➢ Recommendation #12: All written general orders, policies, SOPs, and other guidance governing homicide investigations should reflect current best practices. When developing policies, the CPD should look to research-based practice guides and consult with police agencies that have demonstrated successful investigative practices. o Appendix E includes a list of resources that detail best practices for homicide investigations and other investigative policies and practices. ➢ Recommendation #13: The Bureau of Detectives should assemble a team to assist the development of homicide investigation policies. The team’s role would be to provide input on policy changes, to share ideas for strengthening the investigation process, and to discuss strategies and next steps for policy implementation. o This team should include leaders from units that are involved in homicide investigations, such as: ▪ Homicide/Gang/Sex teams (including detectives and sergeants, in addition to the commander and lieutenant) ▪ Patrol ▪ Crime Analysis / Crime Prevention and Information Center (CPIC) ▪ Forensic Services and Crime Scene Investigation Units ▪ Other investigative units (e.g., Narcotics, Robbery) ▪ State’s Attorney’s Office ▪ Medical Examiner’s Office 32 Homicide Investigation Policies and Procedures ▪ University of Chicago Crime Lab32 ▪ Other personnel as identified by agency leaders. Recommendation #14: In addition to revising the SOPs governing homicide investigations, the CPD should review the current written policies and procedures for each agency unit that supports homicide investigations (e.g., Forensic Services, other investigative units, the Crime Prevention Information Center), and draft or update the policies as needed. 32 The University of Chicago Crime Lab is a partnership with the City of Chicago, the Chicago Police Department, and community leaders to reduce violent crime through innovative programs, technology, and data analytics. https://urbanlabs.uchicago.edu/labs/crime. 33 Nonfatal Shooting Investigations Nonfatal Shooting Investigations Observations: Gun violence is a significant problem in Chicago. The CPD needs a betterdefined strategy to address gun violence and must underscore the importance of investigating nonfatal shootings as a way to prevent the next homicide or retaliatory shooting. Gun Violence in Chicago Across the United States, a large majority of homicides are committed using a firearm. 33 In Chicago, firearms were used in 85 percent of homicides in 2016, and 83 percent of homicides in 2017.34 But, on average, there are more than four times as many nonfatal shootings as fatal shootings in the city. As shown in the chart below, there were 1,726 nonfatal shootings compared to 358 fatal shootings in 2014; 2,019 nonfatal shootings compared to 407 fatal shootings in 2015, and 2,889 nonfatal shootings compared to 660 fatal shootings in 2016.35 Nonfatal vs Fatal Shootings in Chicago 3500 2889 3000 2500 2000 2229 2019 1934 1726 1500 1000 500 660 358 407 547 450 0 2014 2015 2016 Nonfatal Shootings 2017 2018 Fatal Shootings Gun violence is a significant problem throughout the United States, but especially so in cities and states where there are limited restrictions on access to firearms, and a lack of significant penalties for firearm violations.36 33 According to the U.S. Bureau of Justice Statistics, between 1993 and 2011 approximately 60% to 70% of all homicides were committed with a firearm. U.S. Department of Justice, Bureau of Justice Statistics (2013). Firearm Violence, 1993 – 2011. https://www.bjs.gov/content/pub/pdf/fv9311.pdf. 34 Data provided by CPD. 35 Data provided by CPD. 36 Lopez, German (August 5, 2019). America’s unique gun violence problem, explained in 16 maps and charts. Vox, https://www.vox.com/policy-and-politics/2017/10/2/16399418/us-gun-violence-statistics-maps-charts. 34 Nonfatal Shooting Investigations Response to Nonfatal Shootings Homicide investigations are often closely linked to investigations of nonfatal shootings; these two types of cases share a great deal of overlap in terms of victims, witnesses, and suspects. In many cases, the only thing that differentiates a nonfatal shooting from a homicide is poor marksmanship, good emergency medical care, or pure chance. Victims who are critically wounded in a shooting may eventually succumb to their injuries, thus turning the case into a homicide. Someone who commits a nonfatal shooting may commit a homicide if not apprehended. Or a shooting may provoke one or more retaliatory shootings, which could lead to a homicide. As a result, thorough investigations of nonfatal shootings may help to prevent future homicides. In Chicago, nonfatal shootings are investigated by HGS detectives who are assigned to investigate aggravated batteries. If a nonfatal shooting victim dies, the case is transferred to a homicide detective. Although aggravated battery detectives work closely with homicide detectives, there is a potential that information may be lost in transferring the case. Leaders from the BOD, Detective Area Commanders, and Violent Crimes Section for each Detective Area should work collaboratively to define the responsibilities of the detectives from both units. Regardless of whether homicide or aggravated battery detectives initiate investigations of nonfatal shootings, it is critical that CPD prioritizes the response and investigation of these cases. Homicide detectives should respond immediately to incidents in which a victim is likely to die. These responsibilities and protocols should be documented in the Homicide Investigation Manual, and detectives should be trained on the policies and procedures. Strategic Decision Support Centers In partnership with the University of Chicago Crime Lab, the CPD began building Strategic Decision Support Centers (SDSC) in February 2017.37 SDSCs bring together police officers, criminal intelligence analysts, and data analysts to develop localized crime prevention strategies through the use of technology and data analytics. The CPD first launched SDSCs in Districts 7 and 11—two of the most violent areas of the city. There were 764 fewer shootings in 2017 compared to 2016, a reduction of 22 percent.38 By 2018, the department implemented SDSCs in 11 additional districts. The CPD should continue to work with SDSCs to reduce gun violence, and must improve coordination between detectives and SDSCs. For example, detectives should be required to contact SDSCs as part of their investigation. Poor coordination between these groups can result in critical information falling through the cracks, which is problematic because nonfatal shootings often involve suspects, victims, and witnesses who may also be involved in homicide cases. University of Chicago Crime Lab, “Data Driven Crime Prevention: Crime Lab Analyst Training.” https://urbanlabs.uchicago.edu/projects/strategic-decision-support-centers. 38 Ibid. 37 35 Nonfatal Shooting Investigations Shooting Review Meetings In December 2018, CPD instituted a new policy (Bureau of Patrol Special Order 18-09, Shooting Review), requiring weekly meetings to review homicides and nonfatal shootings. The purpose of these meetings is to create “accountability among frontline law enforcement partners.” Participants include representatives from the following units/organizations: • • • • • • • • • • • • • • • • District Commander Cook County State’s Attorney’s Office U.S. Attorney’s Office FBI, ATF, DEA Department of Corrections/Parole/Probation Cook County Sheriff Bureau of Detectives District Intelligence Officers Bureau of Patrol Narcotics Unit Vice Unit Gang Investigations Troubled Buildings Unit/Code Enforcement Strategic Decision Support Centers (SDSC) City Law Deployment Operations Center CPD’s implementation of shooting reviews is a positive step and should be continued. These meetings provide an opportunity to share information, which helps homicide and nonfatal shooting detectives to identify patterns and connections between their cases, enabling them to more effectively prevent and respond to violent crime throughout the jurisdiction, including potential retaliatory shootings. It is especially critical that homicide and nonfatal shooting detectives improve coordination with SDSC staff and District Intelligence Officers. To ensure the effectiveness of the shooting review meetings, CPD should track the deliverables that result from these meetings and, if necessary, examine whether any changes need to be made to the attendees, organizational structure, or outputs. Coordination with the State’s Attorney’s Office In 2019, PERF released Reducing Gun Violence: What Works, and What Can Be Done Now,39 a report that looked at four different categories of gun violence: suicides, “everyday” criminal homicides, domestic violence homicides, and mass shootings. In 2017, there were 14,542 firearm deaths by criminal homicide, the second largest category of fatal gun violence.40 The number of 39 Police Executive Research Forum (2019), Reducing Gun Violence: What Works, and What Can Be Done Now, Washington, D.C. https://www.policeforum.org/assets/reducinggunviolence.pdf. 40 CDC Wonder: Underlying Cause of Death, 1999-2017 Results. Firearm deaths by intent, 1999-2017. Centers for Disease Control and Prevention, https://wonder.cdc.gov/ucd-icd10.html. 36 Nonfatal Shooting Investigations nonfatal injuries from shootings is far greater—with an estimated 107,002 nonfatal injuries from shootings.41 In 2018, Chicago police recovered approximately 9,500 illegal firearms.42 Yet CPD officials report that there are often no penalties for carrying a firearm. PERF’s 2019 report emphasized that meaningful enforcement of gun laws is critical to reducing gun violence.43 In New York, for example, police have reduced criminal shootings by 85 percent since 1993.44 Offenders there have a 57 percent chance of going to jail or prison for possession of an illegal firearm, and the minimum sentence for possession of an illegal firearm ranges from 2 years in Brooklyn and the Bronx to 3.45 years in Manhattan. 45 To ensure meaningful consequences for illegal gun possession, the New York Police Department implemented a Gun Violence Suppression Division, where detectives work closely with either the local prosecutor or the U.S. Attorney’s Office at the onset of each case to investigate individuals and groups who illegally possess firearms. As part of this effort, NYPD also established sub-units, including: • • • The Joint Firearm Task Force (in which NYPD works with ATF on interstate gun trafficking) The Gun Offender Monitoring Unit, in which NYPD “constantly keeps an eye on people who have been locked up in the past for gun offenses”; and The Trigger Lock Unit, which reviews gun cases to take advantage of stricter federal penalties when possible.46 NYPD’s efforts have been instrumental in reducing not only nonfatal shootings, but also homicides. CPD should work with the Cook County State’s Attorney’s Office and the U.S. Attorney’s Office to develop a similar model of addressing illegal possession of firearms, to ensure that gun offenders are consistently prosecuted for violations. Recommendations: Nonfatal Shooting Investigations ➢ Recommendation #15: Detectives must thoroughly investigate nonfatal shootings as a way to prevent the next homicide or shooting. Because of the close links between 41 5 Leading Causes of Nonfatal Violence-Related Injuries, United States, 2017. Centers for Disease Control and Prevention, https://webappa.cdc.gov/sasweb/ncipc/nfilead.html. 42 See “Chicago Police on Track to Seize 9,500 Guns This Year, Most in 5 Years.” Dec. 24, 2018. NBCChicago.com. https://www.nbcchicago.com/news/local/Chicago-police-on-track-to-seize-9500-guns-this-yearmost-in-5-years-503449781.html?amp=y. 43 Police Executive Research Forum (2019), Reducing Gun Violence: What Works, and What Can Be Done Now, Washington, D.C. https://www.policeforum.org/assets/reducinggunviolence.pdf. “Recommendation #1,” pp. 10-11. 44 The number of shootings dropped from 5,269 in 1993 to 789 in 2017. Police Executive Research Forum (2019), Reducing Gun Violence: What Works, and What Can Be Done Now, Washington, D.C. Page 20. https://www.policeforum.org/assets/reducinggunviolence.pdf. 45 Ibid, p. 21. 46 Ibid. 37 Nonfatal Shooting Investigations homicide investigations and nonfatal shootings, the CPD should increase the priority given to nonfatal shooting investigations as part of a comprehensive strategy to prevent homicides and retaliatory shootings. o Agency leaders should review whether the organizational structure (i.e., aggravated battery detectives within each Detective Area Violent Crimes Section) facilitates the most efficient response to all nonfatal shootings. o Detectives assigned to investigate nonfatal shootings should receive training on how to conduct death investigations. o Leaders from the Bureau of Detectives and Detective Area Commanders should review and revise the SOPs to ensure that: ▪ The appropriate detective unit is notified immediately when any shooting occurs; ▪ A detective is assigned to the case and responds to the scene of the shooting; ▪ The assigned detective begins a prompt investigation into the incident; and ▪ The assigned detective coordinates with the appropriate SDSC and District Intelligence Officer as part of the investigation. o Personnel should be trained on these policies and held accountable for following them. o In developing a comprehensive strategy, the CPD should work with the Cook County State’s Attorney’s Office and the U.S. Attorney’s Office to develop a model of addressing illegal possession of firearms that ensures that gun offenders are consistently prosecuted for violations. ➢ Recommendation #16: The CPD Bureau of Detectives should ensure that all units involved in homicide and nonfatal shooting investigations have the staffing needed to respond to the scene quickly and perform their jobs effectively and efficiently. o The Bureau of Detectives should review staffing levels of the aggravated battery teams to determine whether additional detectives are needed to meet this goal. ➢ Recommendation #17: The CPD Bureau of Detectives should ensure that all units involved in homicide and nonfatal shooting investigations have the training needed to perform their jobs effectively and efficiently. o The Bureau of Detectives should ensure that the aggravated battery detectives receive training to understand the capabilities, limitations, services, and policies of the units and resources that support homicide and nonfatal shooting investigations (e.g., the Crime Prevention Information Center [CPIC], Area Tech Centers [ATC], and Social Media Exploitation Teams [SOMEX]). 38 Nonfatal Shooting Investigations ➢ Recommendation #18: The CPD Bureau of Detectives should ensure that all units involved in homicide and nonfatal shooting investigations have the equipment needed to successfully complete their missions. o The Bureau of Detectives should ensure that an appropriate number of department vehicles are available to provide a timely response to nonfatal shooting scenes. o The Bureau of Detectives should also consider equipping detectives who investigate nonfatal shootings with laptop computers they can use while in the field to access databases and other tools to assist them with investigations. ➢ Recommendation #19: The Bureau of Detectives should improve coordination between homicide detectives and the aggravated battery detectives who investigate nonfatal shootings. Leaders must emphasize the importance of coordination to all personnel. There is often a great deal of overlap between the cases investigated by these two groups of detectives, and detectives must be aware of any relationships between their cases, suspects, victims, and witnesses. o Homicide detectives should routinely follow up with aggravated battery detectives to determine whether they have relevant information on homicide cases. This task should be included as a step in the homicide unit investigation checklist. Homicide unit supervisors should hold detectives accountable for completing this step. o In addition to formal information-sharing protocols, homicide detectives and detectives investigating nonfatal shootings should be instructed to collaborate with each other informally. 39 Cold Case Investigations Cold Case Investigations Observations: The CPD needs written policies governing cold case investigations, including procedures for assigning cold cases and a standard timeframe and criteria for designating a case as “cold.” As currently designed and implemented, the Cold Case Teams do not provide the meaningful case review and quality assurance functions that are critical to the success of homicide investigations. According to BOD Special Order 18-04, Bureau of Detectives Organization and Investigative Responsibilities, the lieutenant in charge of the Violent Crimes Oversight Office for each Detective Area is responsible for staffing a “Cold Case Team.” The Special Order provides that “the Cold Case Team will be supervised by a sergeant and consist of 6-10 detectives. The function of the Cold Case Team is to revisit any open homicides, regardless of the date of occurrence. A cold case is defined as an unsolved criminal investigation which remains open pending the discovery of new evidence.” There is no centralized Cold Case Unit at the Chicago Police Department. Instead, each Detective Area operates its own Cold Case Team. Although BOD Special Order 18-04 defines a “cold case” in general terms, there are no specified criteria for determining what constitutes a cold case. There are also no policies that describe how cold cases are assigned to the Cold Case Team. PERF’s interviews revealed several possibilities for why cases in Chicago may be designated as “cold.” For example, the case could be more than one year old; the original detective may have retired or been transferred to a different unit; or the original detective may have conducted a poor investigation. The cold case detectives interviewed by PERF reported high caseloads. One pair of detectives said they had been assigned to 14 homicide cases in a single year. A well-functioning cold case unit can offer several benefits.47 Most importantly, solving cold homicide cases and bringing perpetrators to justice can provide a sense of justice and resolution to the victim’s family. Solving cold cases also can strengthen the community’s trust and satisfaction with the police. A cold case unit can relieve the burden on detectives working active cases and serve as a quality assurance check on detectives by acting as an extra layer of case review.48 Finally, solving cold cases can raise morale and pride within the department for a job well done.49 47 Cronin, James M., Gerard R. Murphy, Lisa L. Spahr, et al. (2007). Promoting Effective Homicide Investigations, Washington, DC: The U.S. Department of Justice’s Office of Community Oriented Policing Services and the Police Executive Research Forum, available at http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdfhttp://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promotin g%20effective%20homicide%20investigations%202007.pdf. 48 Ibid. 49 Ibid. 40 Cold Case Investigations However, without clear policies and practices, cold case investigations lack strategy and focus. The benefits cannot be fully realized unless the cold case unit is properly designed and implemented. Research has shown that an effective cold case process used in many police agencies involves systematically following these general steps: • • • Designating cases as inactive and eligible for transfer to the cold case unit after a set period of time; Screening eligible cases to rank their “solvability” based on an established set of criteria;50 and Presenting the cases deemed most solvable to a team that includes cold case detectives, the original case detective, and prosecutors, who decide which cases should be investigated.51 Recommendations: Cold Case Investigations ➢ Recommendation #20: The CPD should establish a centralized Cold Case Unit, with a new mission that emphasizes clearing cases and providing a reliable quality assurance check on homicide investigations. ➢ Recommendation #21: The Bureau of Detectives should develop uniform written policies and protocols for the Cold Case Unit, including those in the Homicide Investigation Manual. When developing the policies, the BOD should rely on input from leaders from each Detective Area and current cold case detectives. The SOPs should emphasize that the primary missions of the Cold Case Team are to clear cases and provide an additional layer of review for homicide cases. o The Cold Case Unit’s SOP should include: ▪ The unit’s mission; ▪ The duties and responsibilities of the Cold Case Unit’s detectives and supervisors; ▪ The process for selecting detectives and supervisors for the Cold Case Unit; 50 Research shows that certain factors are associated with the likelihood of clearing a cold case. For example, a cold case is more likely to be cleared if it involves the presence of a known suspect or motive during the initial investigation, while a cold case is less likely to be cleared if the victim is a drug user or if the cold case investigation was initiated at the request of a family member. Davis, Robert C., Carl Jensen, and Karin E. Kitchens (2011), ColdCase Investigations: An Analysis of Current Practices and Factors Associated with Successful Outcomes, Washington, DC: RAND Corporation & the National Institute of Justice, http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/RAND_TR948.pdf . 51 Cronin, Murphy, Spahr, et al. (2007), http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdf. 41 Cold Case Investigations ▪ Special training required for cold case detectives; and ▪ The process for determining that a case is inactive and eligible for transfer to the Cold Case Unit. (For example, the Cold Case Unit should not accept active cases with undeveloped leads.) o The written policy should incorporate research and best practices from successful cold case squads in other police departments. In addition to the resources listed in Appendix E, PERF will help the CPD identify additional resources, provide the department with sample policies, and connect the department with other police agencies and experts to provide peer-to-peer technical assistance and training. ➢ Recommendation #22: The Cold Case Unit should be assigned to the Bureau of Detectives and should be led by a lieutenant. The Cold Case Unit should primarily be staffed with top homicide investigators who have demonstrated outstanding performance and who express a desire to investigate cold cases. o Though the Cold Case Unit should primarily include top veteran homicide investigators, the CPD may also consider requiring newly assigned homicide detectives to complete a rotation on the team during their first year investigating homicides. Cold cases offer a valuable training opportunity, because they can be worked at a more deliberate pace, and they can provide valuable lessons about the importance of thorough case investigation and documentation. o The CPD may also consider hiring retired detectives to assist with cold case investigations. For example, the Charlotte-Mecklenburg (NC) Police Department employs two retired detectives with homicide investigation experience to assist its Cold Case Unit, including a retired sergeant who secured more than $3 million in grant funds to assist with hiring personnel, evidence testing, and prosecution. ➢ Recommendation #23: The Bureau of Detectives should develop a formal process for determining which cold cases the Cold Case Unit will review, based on research and best practices for conducting cold case investigations. o Cases should be designated inactive and eligible for transfer to the Cold Case Unit after a specified period of time. There is no universally accepted metric for when a case becomes cold, though many police agencies use the somewhat arbitrary threshold of one year.52 ▪ 52 A case should only be designated as eligible for transfer if: • A detective is not currently working the case, • All leads on the case have been exhausted and documented, and Ibid. 42 Cold Case Investigations • ▪ The Violent Crimes Section supervisors and Area commander review the case and agree that the case is inactive. Determining whether a case is eligible for transfer should be documented in the case file. • The Cold Case Unit may consider developing a checklist to be used when evaluating a case’s eligibility for transfer. o Once a case is designated inactive and eligible for transfer, a review team should analyze and rank the case based on established solvability factors. ▪ Many police agencies use civilians to conduct the initial case screening and review.53 Civilian review teams may be comprised of retired law enforcement personnel, forensic laboratory technicians, criminal justice professors, etc. Graduate student interns may also be able to provide administrative and organizational support (e.g., data entry and analysis, file organization).54 ▪ The review team should use a standardized form to rank the case based on the solvability factors. For sample ranking forms, see the PERF/COPS Office publication, Promoting Effective Homicide Investigations, referenced in Appendix E. ▪ Solvability factors that have been used in other police agencies include:55 • A suspect has been identified and is currently living. • Eyewitnesses have been identified, or a previously uncooperative witness has had a change of view and is available. • The presence of physical evidence such as DNA or fingerprints. • During the initial investigation, there was a known suspect or motive, there was witness identification, and/or there was physical evidence connecting a suspect to the crime scene. o The review team should then present the case to a “cold case team” comprised of cold case detectives, the original case detective (if possible), prosecutors, and forensic 53 Cronin, Murphy, Spahr, et al. (2007), http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdf. 54 Ibid. 55 Cronin, Murphy, Spahr, et al. (2007), http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdf. 43 Cold Case Investigations scientists.56 The cold case team should review the case, decide whether it should be investigated, and discuss an investigative plan.57 o To help the CPD develop this process, PERF can provide additional resources and sample policies and can identify experts and police agencies with strong cold case units to provide peer-to-peer technical assistance and training. ➢ Recommendation #24: The CPD should explore grant funding opportunities to support the investigation of cold cases. Research has shown that this is a common source of funding for cold case units, and that the level of funding dedicated to a cold case squad can have a significant impact on the number of cases that the squad clears. 58 o One potential source of grant funding is through the U.S. Department of Justice’s National Institute of Justice (NIJ), which funds initiatives for DNA testing and other programs related to cold case investigations. The National Clearinghouse for Science, Technology, and the Law (NCSTL) provides a list of DOJ resources for cold case units, including funding opportunities. ➢ Recommendation #25: The Bureau of Detectives should track metrics including the number of cold cases reviewed, the types of cases reviewed, and any weaknesses or other issues in the initial investigation uncovered during the review. The Bureau of Detectives should also track its clearance and conviction rates. This will help the CPD identify and address any gaps in performance moving forward.59 o When a cold case is solved (e.g., a suspect has been arrested), the Bureau of Detectives should advise CPD’s Public Information Officer and release this information to the media. 56 Davis, Jensen, & Kitchens (2011), http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/RAND_TR948.pdf; Cronin, Murphy, Spahr, et al. (2007), http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdf. 57 Ibid. 58 Davis, Jensen, & Kitchens (2011), http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/RAND_TR948.pdf. 59 Davis, Jensen, & Kitchens (2011), http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/RAND_TR948.pdf. 44 Detective and Supervisor Selection Process Detective and Supervisor Selection Process Observations: The CPD needs a standardized timeframe for offering the promotional exam for police officers interested in becoming detectives. Additional criteria should be required to sit for the promotional exam and be promoted to detective (currently only one year of patrol experience is required to sit for the exam). The Bureau of Detectives needs established procedures for assigning detectives to specific teams (e.g., Violent Crimes, Property Crimes, Special Victims). Homicide sergeants and lieutenants currently are not required to have experience investigating homicides. The detective selection process is covered by Employee Resource Order E05-07, Detective Examination and Selection Procedures. According to this order, officers interested in promoting to detective must be sworn members below the rank of sergeant and have served as a police officer with CPD for one year following the probation period, which is 18 months. One interviewee stated that officers can sit for the promotional exam at this time (i.e., with 2.5 years of experience), but they would not be promoted unless they have 4 years of time in service as a patrol officer. The detective selection process involves a two-part test—a written qualifying test and an investigative logic test. Interviewees indicated that the test is not offered on a regular schedule and that the last test was offered 10 years ago. Almost all patrol officers take the written qualifying test and, according to interviews, approximately 60-70 percent pass. Applicants who pass are then invited to take the investigative logic test, which includes more investigative-based questions, including examples from actual cases. Candidates are then ranked based on their score. If two or more candidates receive the same score, the rank is determined by seniority. As vacancies arise, the CPD uses the ranking list to establish a class of 70-100 new detectives. Applicants who pass the written qualifying test are also eligible to promote to detective pursuant to a merit selection process. Under this process, commanders nominate officers for consideration by the Merit Board, which then makes recommendations to the Superintendent. No more than 20 percent of appointments to detective can occur under the merit selection process. New detectives then receive six weeks of classroom training followed by three months of on-thejob training, rotating among the three major detective units: Property Crimes (which includes Robbery/Burglary/Theft or “RBT”), Violent Crimes (which includes Homicide/Gang/Sex or “HGS”), and Special Victims. Detectives are then assigned to one of these units, but there is no specific criterion or documented process for how detectives are assigned to a particular unit. There is also no requirement that homicide sergeants and lieutenants have experience investigating homicides. Other than Employee Resource Order E05-07 described above, there is no written policy that specifically governs the selection process for homicide detectives or supervisors. There is no interview process, and candidates are not subject to any selection criteria specific to conducting homicide investigations. The CPD should revise the selection process to better 45 Detective and Supervisor Selection Process identify highly qualified candidates with the potential to become successful homicide detectives. Many interviewees stated that it is difficult to recruit good detectives to investigate homicides. There are few incentives, and there can be negative aspects of being a homicide detective, as opposed to remaining in patrol or other assignments. For example, homicide cases often end with high-profile trials, with defense attorneys looking for opportunities to question detectives’ actions and their credibility. In addition to revising the selection process, the CPD should develop a robust recruitment program to attract qualified homicide detectives. Best Practices for Detective and Supervisor Selection One of the most important steps in building a successful homicide unit is ensuring that the unit is staffed with qualified, dedicated personnel.60 While police agencies take several different approaches to choosing homicide detective and supervisors, the most effective approaches all involve a formal selection process and clear criteria for selection.61 The first step in staffing a qualified homicide unit is to develop a formal job description that clearly outlines the duties and responsibilities of a homicide detective or supervisor. This description should be included in the Homicide Unit SOP and should be posted when vacancies become open. Next, the agency must develop the set of criteria that it will use for selecting homicide detective and supervisor candidates. The criteria should be clearly stated in written policy. Many agencies require candidates for the homicide unit to have prior investigative experience, usually as a detective in another unit that investigates crimes against persons.62 The Bureau of Justice Assistance guide, Homicide Process Mapping: Best Practices for Increasing Homicide Clearances, states that the optimum training and preparation for the position of homicide investigator is at least three years as a patrol officer, and at least two years as an investigator with general investigative experience.63 Homicide detective candidates should undergo a formal application process that includes submitting a resume, demonstrating writing abilities (through written tests and/or the submission of writing samples), and being interviewed by homicide unit supervisors.64 The application process should be consistent for all potential candidates and formalized in written policy. 60 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. Ibid. 62 Ibid. 63 Ibid. 64 Ibid. 61 46 Detective and Supervisor Selection Process Recommendations: Detective and Supervisor Selection ➢ Recommendation #26: The CPD should establish a rigorous, formal process for selecting homicide detectives. The process should be based on a set of established qualification criteria that are stated in written policy and are consistently applied to all candidates. The CPD should ensure that selection criteria are objective, and external, subjective influences are minimized when selecting homicide detectives. o CPD’s revised detective selection process should include the following components, which are based on best practices outlined in BJA’s best practices guide and the judgment of PERF’s subject matter experts: ▪ Develop a formal job description for homicide detectives that clearly and comprehensively states the required duties and responsibilities. This description should be formalized in the written policy and should be posted when vacancies occur. ▪ Develop a set of standard criteria for candidate selection. Candidates should be ranked based on the criteria, which should include: ▪ 65 ▪ Prior investigative experience, as a detective in another unit and/or a patrol officer. Many successful homicide units select detectives from an applicant pool of detectives in other units, with a preference for candidates with experience investigating crimes against persons (aggravated assaults, shootings, robberies, etc.);65 ▪ Past performance conducting investigations, as assessed through reviewing the candidates’ case files and performance evaluations; ▪ A desire and commitment to working homicide cases; ▪ Other criteria as determined by agency leaders. The selection process should require candidates to undergo a formal, rigorous application that may include: ▪ Submission of a resume; ▪ Demonstration of writing ability, through submission of writing samples, written tests, and/or a scenario-based written exercise; ▪ An oral interview with a diverse panel that includes homicide unit supervisors and leaders outside the homicide unit; ▪ A review of the applicant’s current case files. ▪ Candidates should be ranked on the above criteria and selected through a formal process based on this ranking. ▪ Criteria for selection to detective should be clearly stated in written policy. Ibid. 47 Detective and Supervisor Selection Process ▪ If necessary, police executives should work with the local bargaining unit to revise the collective bargaining agreement that governs detective selection. ➢ Recommendation #27: The CPD should establish and enforce a formal probationary period (e.g., 90-120 days) for newly selected homicide detectives before they are assigned full time. This would allow candidates and supervisors to determine whether the assignment is a good fit for the new detective. o In addition to a probationary period for newly selected homicide detectives, some police agencies provide opportunities for patrol officers and investigators in other units to be temporarily detailed to the Homicide Unit to assist with investigations. This gives personnel outside the Homicide Unit an opportunity to gain homicide investigation experience, and it also allows members of the unit to evaluate whether a person may be a good candidate for the Homicide Unit. o BJA’s guide on best practices for homicide investigations provides several examples of agencies that have used temporary details on homicide investigations: ▪ The San Diego Police Department has a “Homicide Relief” program, in which detectives in other units are placed on an on-call list to assist in a homicide investigation when the homicide unit is short on personnel. The detailed detective works with a homicide detective through the duration of the case. ▪ In San Diego and Denver, when there is a drug- or gang-related homicide, an investigator from the appropriate drug or gang unit is assigned to the homicide investigation team on the case for up to 72 hours, depending on the status of the case and the facts. Or if it appears that a homicide is related to a previous nonfatal shooting, it could be useful for the District Detective Unit (DDU) detective who investigated the earlier shooting to assist homicide detectives in the investigation. ▪ The Baltimore County Police Department assigns the initial responding patrol officer at a homicide scene to the homicide investigation team for the first 4872 hours of the investigation. The officer often can provide local knowledge that can assist homicide detectives, and the assignment can help give insight into whether the officer might make a good homicide detective. ➢ Recommendation #28: The CPD should implement a formal process for selecting homicide supervisors (sergeants, lieutenants, and commanders). The process should be stated in written policy and consistently applied for all candidates. o The criteria used to select homicide unit sergeants and lieutenants should include: ▪ A background in criminal investigations, though not necessarily as a homicide detective; ▪ Demonstrated leadership skills; 48 Detective and Supervisor Selection Process ▪ The ability to effectively manage personnel. o The criteria used to select the homicide unit commander should include: ▪ Prior supervisory experience in an investigative unit (though not necessarily the homicide unit); ▪ A clear vision for the direction of the homicide unit; ▪ A reputation as a strong and respected leader. o Strong problem-solving skills and experience with fixing problems in departmental units. 49 Investigations Training Investigations Training Observations: CPD detectives receive limited training on conducting death investigations, and there are few opportunities for advanced training upon assignment as a homicide detective. The Investigative Development Group—a small unit within the Bureau of Detectives responsible for all detective training—needs additional funding, space, and equipment to provide sufficient training to detectives. The Bureau of Detective’s Investigative Development Group is responsible for all detective training. All detective candidates attend a 5-7-week,66 classroom-based detective school, which covers numerous topics, including: • Social media • Sexual assault • Video surveillance • Organized crime • Youth investigations • Search warrants • Missing persons • Civil rights • News affairs • Human trafficking • Pawn shop reporting • Domestic violence • Medical Examiner investigations • Felony review (State’s Attorney’s Office) • Death notification • Facial recognition • • CPIC / Area Tech Centers • Forensics (CPD and Illinois State Police) Interviews and interrogation • Body-worn cameras • CPD databases • Chicago Survivors • Crisis intervention • File maintenance The training is taught by various instructors, including CPD staff, the State’s Attorney’s Office, and external providers (e.g., interview and interrogation is taught by Wicklander-Zulawski67, an international training provider). Following the classroom training, detectives complete a 3-month rotation through each of the different detective assignments, including Property Crimes (i.e., The training varies in length and content for each promotional class depending on the department’s needs and state requirements. 67 Wicklander – Zulawski & Associates, Inc. https://www.w-z.com/ 66 50 Investigations Training Robbery/Burglary/Theft or “RBT”), Violent Crimes (i.e., Homicide/Gang/Sex or “HGS”), and Special Victims. Although the pre-service detective training provides instruction on a wide array of topics, interviewees reported that the training does not devote enough time to critical topics such as how to write search warrants, how to use department equipment, and how to collect and process evidence. In addition, there is limited training on death investigations for new homicide detectives, and there are few opportunities for advanced training. The curriculum provided to PERF did not include a component on death investigations. The Illinois Law Enforcement Training and Standards Board requires that all homicide detectives complete a 40-hour Lead Homicide Investigator (LHI) course,68 but this training is incorporated into the pre-service detective training. Homicide detectives are also required to obtain 32 hours of in-service training every 4 years to recertify as an LHI. CPD provides homicide detectives with 40 hours of in-service training to meet this requirement. However, in interviews with PERF, detectives expressed the view that the LHI training was not especially valuable. The bulk of the training provided to homicide detectives was on-the-job training (OJT). The Investigative Development Group is limited in its ability to provide adequate training to detectives due to a lack of resources. For example, the group does not have enough office space, staffing, its own training space, dedicated funding, or necessary equipment (e.g., they recently received a laptop but do not have a projector). The Investigative Development Group (IDG) is run by one sergeant and staffed with three detectives and an administrative police officer. While the unit is physically located within the training academy, IDG staff members are not academy personnel and are not supported by the same funding allotted to CPD’s Education and Training Division. In addition to the lack of resources, there are no policies governing training and orientation for homicide detectives. Formal Investigations Training It is critical that investigators – particularly those in a homicide unit – receive consistent, formal, and comprehensive investigations training. Training should be offered both to new and veteran investigators. All detectives, particularly those investigating homicide cases, must be equipped with the knowledge and skills to conduct thorough investigations.69 Police agencies must ensure that detectives acquire these tools through comprehensive formal investigations training, along with rigorous on-the-job training. 68 Illinois Law Enforcement Training and Standards Board, https://www.ptb.illinois.gov/news/news-importantinformation/lead-homicide-investigator-lhi-approved-or-tentatively-approved-classes-certification-andrecertification-process-updated-3252019/. 69 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 51 Investigations Training All new detectives assigned to any investigative unit (not only the homicide unit) should receive basic investigations training. This training gives detectives the knowledge and skills they need to work general investigations, and ensures that detectives selected into a homicide unit are wellversed in basic investigative techniques. This training should cover departmental policies and procedures, investigative techniques, case management and documentation, interrogations and interviews, report writing, the use of databases and other technology, basic forensics, legal requirements for obtaining warrants, how to testify in court, and other investigative responsibilities that are applicable to all crimes.70 Detectives who have been newly assigned to a homicide unit should receive additional formal training on homicide investigations. This training should include courses on topics such as death investigations, advanced interview and interrogation techniques, advanced evidence collection and forensics, preparing cases for court, and best practices for conducting homicide investigations.71 It may also be helpful if training for newly-assigned homicide detectives includes refresher courses on basic investigation techniques, particularly if investigations training is not consistently provided to new detectives. In addition to the training they receive when joining a homicide unit, homicide detectives should receive regular, ongoing training that covers legal updates, new technologies, new policies and procedures, and specialized courses such as the recovery of digital evidence.72 Table 2 below lists recommended training courses for homicide detectives: Table 4: Recommended Training for Homicide Detectives Training Basic Investigations Death Investigations Training Provider CPD Education & Training Division / Investigative Development Group External training provider73 Lead Homicide Investigator (LHI) Illinois Law Enforcement Training and Standards Board / CPD Investigative Development Group Interviewing and Interrogation Advanced Interviewing and Interrogation External training provider External training provider 70 Frequency of Training Upon promotion to detective Upon assignment as a homicide detective Upon initial assignment as a homicide detective and 32 hours of LHI-approved inservice training every 4 years thereafter74 Upon promotion to detective Upon assignment as a homicide detective Ibid. Ibid. 72 Ibid. 73 For example, the International Homicide Investigators Association offers a 40-hour Basic Homicide Investigators Course: https://ihia.org/Regional-Training. 74 Required by Illinois Statute, 50 ILCS 705/10.11, https://www.ptb.illinois.gov/. 71 52 Investigations Training Training Child Death Investigations Training Provider External training provider Kidnapping External training provider Investigative Policies and Procedures CPD Education & Training Division / Investigative Development Group Internal CPD expert from each resource/division Investigative Support Tools (e.g., CPD resources such as CPIC; ATCs; SDSCs; 911) Case Documentation / Electronic Case Filing Forensics and Evidence Collection Advanced Forensics and Evidence Collection Felony Review Process (i.e., How to Prepare and Present Cases to CCSAO) Computer and Cell Phone Forensics Advanced Computer and Cell Phone Forensics Conducting Bias-Free Investigations Updates on Legal Requirements for Searches and Seizures Mass Casualty Investigations CPD Education & Training Division / Investigative Development Group CPD Forensic Services Division CPD Forensic Services Division Cook County State’s Attorney’s Office Felony Review Team Attorneys Internal CPD expert (e.g., ATC supervisor/officer; FBI Regional Computer Forensics Lab) Internal CPD expert (e.g., ATC supervisor/officer; RCFL) External training provider Cook County State’s Attorney’s Office External training provider Frequency of Training Within first year of assignment as a homicide detective Within first year of assignment as a homicide detective Upon promotion to detective and yearly refresher training Upon promotion to detective and yearly refresher training Upon promotion to detective Upon promotion to detective and yearly refresher training Within first year of assignment as a homicide detective and yearly refresher training Upon promotion to detective Upon promotion to detective and yearly refresher training Within first year of assignment as a homicide detective and yearly refresher training Upon promotion to detective and yearly refresher training Within first year of assignment as a homicide detective and yearly refresher training Within first year of assignment as a homicide detective On-the-Job Training and Mentoring The BJA guide to homicide investigations, Homicide Process Mapping: Best Practices for Increasing Homicide Clearances, recommends that detectives who are new to a homicide unit be assigned to a seasoned investigator for field training and mentorship for at least three months.75 The BJA guide stresses that on-the-job training (OJT) should go beyond a new detective merely “shadowing” a veteran detective. Rather, OJT should be a true mentorship in which the veteran 75 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 53 Investigations Training detective provides direction and advice, and reviews the new detective’s notes and reports to ensure they meet quality standards.76 Additionally, on-the-job training should follow a formal curriculum that includes metrics to evaluate whether detectives have met the required milestones before joining the homicide unit full time. This will help ensure that training is consistent across the unit and that detectives are learning proper protocols. To facilitate the adoption of formal, consistent standards, some police agencies have developed an OJT manual that is similar to the manual that guides field training for new officers. Recommendations: Investigations Training ➢ Recommendation #29: The CPD should invest resources and funding in the Investigative Development Group so it can provide adequate training to CPD detectives. The investment should include the following improvements: o Dedicated training spaces to ensure: ▪ Classes being offered more frequently; ▪ Smaller class sizes. o Dedicated funding to support: ▪ Additional instructors; ▪ Instructor development to ensure they are training on established best practices; ▪ Adequate equipment for instructors (e.g., cell phones, projectors, laptops). ➢ Recommendation #30: The Investigative Development Group should ensure that the pre-service detective training addresses all relevant topics to conduct effective investigations. o Training should be mandatory, consistent for all detectives, and focused on establishing skills and techniques needed to conduct thorough and effective investigations. ▪ 76 The pre-service detective training should be modified to allow more time for the prosecutor training session. PERF learned that the training includes only 2 hours of general information related to prosecution. It is important for new detectives to understand how to prepare and present a high-quality case to the State’s Attorney’s Office. Ibid. 54 Investigations Training o This training should cover the following topics: ▪ Departmental investigative policies and procedures ▪ Case management and documentation ▪ Crime scene management ▪ Report-writing ▪ Interrogation and witness interview skills ▪ Basic forensics, including DNA, ballistics, fingerprints, and trace analysis ▪ Evidence collection and submission ▪ Cell phone, computer, and internet investigations ▪ Surveillance techniques ▪ Managing witnesses and informants ▪ Interactions with crime victims’ families ▪ Constitutional law and the legal requirements involved with investigations (e.g., obtaining warrants, Brady requirements, evidentiary rules) ▪ How to testify and present cases in court ▪ Steps detectives can take to prevent the potential for wrongful convictions, such as how to properly record witness statements and assess and utilize eyewitness testimony and other evidence ▪ Case review processes ▪ The roles and responsibilities of various investigative units ▪ The use of technology to further investigations (e.g., tracking social media for investigations; eTrace, NIBIN, and other firearms tracking technologies; smartphone and computer forensics; “Stingray” cell phone tracking technology; license plate readers; security cameras, officer body-worn cameras, and other video evidence, and facial recognition software; cybercrime investigative tools; and other technologies) ▪ Crime analysis, including the use of any electronic crime analysis programs ▪ Other basic investigative techniques. 55 Investigations Training ➢ Recommendation #31: All newly assigned homicide detectives should be required to receive formal training on topics related to homicide investigations. o Training should be mandatory, consistent for all homicide detectives, and focused on establishing skills and techniques needed to conduct effective homicide investigations. Training should be offered shortly after a detective is first assigned to a homicide squad. o All homicide detectives should also receive the basic investigations training described above in Recommendation 29. If they have not had such training prior to joining the homicide unit, they should receive it as soon as possible after joining the unit. o The training requirements should be documented in the revised Homicide Investigations Manual. (See Recommendation 9). o The training for newly assigned homicide detectives should include: ▪ Death investigations; ▪ Advanced interview and interrogation techniques; ▪ Conducting bias-free investigations; ▪ Updates on legal requirements for searches and seizures; ▪ Advanced forensics and evidence collection; ▪ Advanced computer and cell phone forensics; ▪ How to prepare homicide cases for court; ▪ Steps that detectives can take to reduce the potential for wrongful convictions, such as how to properly record witness statements and assess and utilize eyewitness testimony and other evidence; ▪ Investigating specific types of cases handled by homicide detectives, (for example, in-custody deaths, mass casualty scenes, arson deaths); and ▪ Best practices for conducting homicide investigations. o Advanced training for new homicide unit detectives should take place within the detectives’ first year in the unit. For example, the San Diego Police Department requires new homicide detectives to complete five weeks of advanced training within a year of joining the homicide unit. In Houston, new homicide detectives must complete 128 hours of training within the first year of assignment. ➢ Recommendation #32: All homicide detectives, including experienced detectives, should receive regular, ongoing training relevant to conducting homicide investigations. 56 Investigations Training o Ongoing training should include updates on topics that are evolving, such as technologies, forensic analysis, legal standards and requirements, and the policies and protocols of other CPD units and external agencies involved in homicide investigations. o For example, the volume and breadth of digital evidence available to investigators has expanded rapidly with the advent of technology, including the wide range of information contained on most people’s smartphones.77 Homicide detectives should understand the types of evidence available to them and processes for retrieving and analyzing such evidence (see Digital Evidence section and Recommendations 62-65). o Training should also include refresher courses for trainings that detectives may have previously received. ▪ Canvassing the vicinity of a crime scene to locate witnesses should be emphasized in these refresher courses. (A number of CPD members interviewed by PERF suggested this.) ➢ Recommendation #33: To help detectives prepare homicide cases for prosecution, the CPD should collaborate with the Cook County State’s Attorney’s Office to provide training to detectives on the requirements for search warrant and arrest warrant applications, case documentation, proper report-writing, and legal updates. o The CPD should also consider ways to improve coordination and collaboration with the State’s Attorney’s Office. For example, in New York City, prosecutors are on call and routinely respond to the scene of homicides. Prosecutors are then assigned to the homicide cases, and they prepare the required subpoenas and search warrants as the investigation proceeds (See Recommendations 77-80). ➢ Recommendation #34: To improve the homicide investigation process, the CPD should ensure that additional training is available to homicide detectives that covers specialized areas (e.g., conducting infant death investigations, the use of a particular type of technology, etc.). ➢ Recommendation #35: The Bureau of Detectives should strengthen its on-the-job (OJT) training to ensure that new homicide detectives receive appropriate and comprehensive field training and mentoring. o The Bureau of Detectives should develop an OJT guidebook similar to a FTO guidebook used with new recruits, which contains standardized policies and procedures for OJT. The guidebook should contain a checklist of the duties required by the OJT trainer, including requirements for reviewing new detectives’ reports and 77 Police Executive Research Forum (2018). The Changing Nature of Crime and Criminal Investigations, Washington, D.C. Available at http://www.policeforum.org/assets/ChangingNatureofCrime.pdf. See also, Goodison, Sean E., Robert C. Davis, and Brian A. Jackson (2015), Digital Evidence and the U.S. Criminal Justice System: Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence, Washington, DC: RAND Corporation, the Police Executive Research Forum, RTI International, and the University of Denver, available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR800/RR890/RAND_RR890.pdf. 57 Investigations Training notes for quality assurance. The guidebook should also include benchmarks that new homicide unit detectives must meet before they are assigned full time as a homicide detective. o All new detectives should receive three months of OJT, rotating through each of the three major detective units (i.e., Property Crimes, Violent Crimes, and general assignment). The Bureau of Detectives should also consider assigning new detectives to the Cold Case Unit for one of those months. This will allow them to learn at a reasonable pace while possibly closing some cold cases. It also allows the new detective to learn the importance of case organization and documentation, as they will need to rely on what was documented by previous detectives assigned to the case. o Upon assignment, new homicide detectives should be partnered with a veteran homicide detective for three to six months prior to becoming a primary detective on a homicide case. o The veteran detective should have a field training officer (FTO) certification. 58 Supervision, Accountability, and Oversight Supervision, Accountability, and Oversight Observations: Detectives need better guidance on case planning and formal reviews of homicide investigations. Performance evaluations should provide meaningful feedback to detectives to strengthen the investigative process. Implementing a thorough performance evaluation will not only serve to hold poorly performing detectives accountable, it will also allow supervisors to identify and reward superior performance. Leadership and Supervision Bureau of Justice Assistance (BJA) guidance states: “Integrity and accountability should be the foundation and guiding principle for all investigations.”78 Accordingly, it is important that homicide detectives receive effective supervision and have a clear set of standards to follow.79 Agencies should pride themselves on investigations that are consistently of high quality, thorough, and well-managed. For example, BJA guidance states: “Having and maintaining a system (e.g., standard operating practices, case management system, case file checklist, etc.) … is paramount to quality homicide investigations. Without such, it becomes a subjective, inconsistent process open for additional criticism and skepticism.”80 Strong and innovative leadership at all levels in a homicide unit is necessary for improving investigative practices. The unit’s top leaders must be open to new ideas, dedicated to making positive changes, and willing to listen to concerns and advice from inside and outside of the unit. The sergeants who serve as front-line supervisors play a critical role within a homicide unit. Ideally, sergeants are in the best position to provide guidance to detectives, review and provide feedback on cases, and evaluate and address any performance issues. In Chicago, many of the detectives and supervisors interviewed by PERF appear to be talented and committed to their work. However, the interviews revealed that the Bureau of Detectives needs additional mechanisms for ensuring that homicide detectives are properly supervised and evaluated by their supervisors. Implementing these accountability mechanisms is critical to strengthening homicide investigations. Some detectives assigned to investigate homicides may not be best suited for the position. CPD personnel told PERF that detectives are rarely removed from investigative duties for poor performance. 78 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. U.S. Department of Justice, Bureau of Justice Assistance (2013). Available at: http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. 79 Cronin, James M., Gerard R. Murphy, Lisa L. Spahr, et al. (2007) Promoting Effective Homicide Investigations, Washington, DC: The U.S. Department of Justice’s Office of Community Oriented Policing Services and the Police Executive Research Forum, http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effective%20homicide% 20investigations%202007.pdf 80 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. Bureau of Justice Assistance (2013). Available at: http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. 59 Supervision, Accountability, and Oversight Supervisors should be expected to lead and properly manage their subordinates. This includes the use of progressive discipline (e.g., written documentation, appropriate and graduated warnings and counseling, corrective training) with underperforming employees. If the existing collective bargaining agreement is a hindrance to disciplining or removing poorly performing detectives, CPD’s labor-management officials should work with the union to develop a mutually agreeable performance evaluation. Implementing a supervisory case review system and performance evaluation program will not only serve to hold poorly performing detectives accountable, it will also allow supervisors to identify and reward innovation and superior performance. Supervisory Case Review In addition to case documentation, consistent and formal supervisory case review should be a standard part of the homicide investigation process. Supervisory case review is one way to ensure that detectives are properly supervised and that there is adequate oversight of case documentation, management, and investigation. While some interviewees did not have any complaints about supervision, others indicated a lack of investigative experience among supervisors. Based on PERF’s interviews, there is no significant supervision or formal review of homicide investigations. Sergeants speak with detectives about their cases informally, but these discussions are not documented in the case file. The Bureau of Detectives should institute a formal case review system as soon as possible. The reviews should take place at specific intervals that are consistent in each case, for example, after 24 hours, five days, 10 days, two weeks, one month, three months, and every 30 days afterwards until the case is solved or all leads are exhausted. Without a formal review process, there is a risk that valuable leads may not be identified. Best practices require that supervisors carefully analyze investigations and be prepared to discuss next steps with the investigator. The results of the case review should be documented in the case file so they can be used as a guide for subsequent investigative activity and later reviews. The lack of a formal written case review compounds the problem of poorly performing employees. Without formal case reviews, it is difficult to hold underperforming employees accountable. The following are general components that should be included in a case review process. These steps are discussed in more detail in Recommendations 38-40. Sample case review forms can be found in BJA’s publication 10 Things Law Enforcement Executives Can Do to Positively Impact Homicide Investigation Outcomes.81 • Investigative Plan: To start, as soon as possible after a detective receives a new homicide case, the detective should work with his or her supervisor to develop an investigative plan. The plan should include items such as a to-do list for steps that need to be taken and a rough timeline for completing them. 81 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. Bureau of Justice Assistance (2013). Available at: http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. Appendix B, “Sample Homicide Investigation Checklists.” 60 Supervision, Accountability, and Oversight • Case Checklist: Each case file should also contain a standard case checklist form. The checklist should include basic investigative tasks that are applicable to most homicide investigations, and detectives should be required to note on the form whether they have completed each task, the date it was completed, and the reason for not completing any unfinished tasks. • Supervisor Case Review: Supervisors should use the case checklist form as the primary basis to conduct case reviews at specified intervals throughout the investigation. Supervisors should also be trained to ensure that they are conducting substantive reviews, rather than simply marking items on a checklist. Performance Evaluation and Accountability Mechanisms In order to promote accountability, it is important that police agencies regularly review and address employee performance issues. In many cases, performance evaluations are the only formal mechanism for assessing employee actions and behaviors, and thus they serve as an important tool for managing performance and ensuring that officers are held accountable.82 Regular performance evaluations can also help supervisors proactively identify problems and take corrective action, such as recommending additional training or counseling. When evaluating homicide unit detectives and supervisors, the focus should be on assessing whether cases are being thoroughly investigated and documented. Thus, evaluations of investigators – including homicide detectives – should include measures that go beyond the standard evaluation form used for all department personnel. According to Employee Resource E05-01, the CPD evaluates all employees below the rank of superintendent on an annual basis using the electronic Performance Evaluation System (PES). Employees are evaluated based on five performance criteria: • • • • • Enforcement of work standards and staff development; Analysis and problem-solving; Personal leadership; Delegation of responsibilities; and Dependability, attendance, and promptness. PERF was advised that supervisors do not use the performance evaluation system to effectively assess performance. In addition, the department lacks a supplementary performance evaluation for detectives. The Bureau of Detectives should develop an evaluation system that specifically assesses detectives’ performance in conducting homicide investigations. The Bureau of 82 PERF (2015). Implementing a Comprehensive Performance Management Approach in Community Policing Organizations: An Executive Guidebook. Washington, DC: Office of Community Oriented Policing Services, https://ric-zai-inc.com/Publications/cops-p331-pub.pdf; PERF, Critical Response Technical Assessment Review: Police Accountability – Findings and National Implications of an Assessment of the San Diego Police Department, https://www.sandiego.gov/sites/default/files/legacy/police/pdf/perfrpt.pdf, see pp. 41-42 for a discussion regarding the importance of performance evaluations in police agencies. 61 Supervision, Accountability, and Oversight Detectives also should develop a similar form to assess sergeants. If necessary, the CPD should work with the union to revise the evaluation process of detectives and supervisors. Recommendations 41-43 below provide more details on what should be included in the evaluation process for homicide detectives and supervisors, as well as suggestions for how to address performance issues that arise. Recommendations: Supervision, Accountability, and Oversight ➢ Recommendation #36: The CPD should ensure that there is strong and consistent leadership within the Bureau of Detectives, and, specifically, among supervisors of homicide investigations. Leadership stability is critical for ensuring that any communication gaps are addressed, and that information is shared within the unit. Too much transition among commanders results in a misunderstanding of expectations and a lack of institutional knowledge. ➢ Recommendation #37: The supervisory responsibilities of sergeants should be made clear in homicide investigation policies and should be reinforced by top unit leaders. This includes clarifying that sergeants should serve as supervisors first and foremost, and that they will be held accountable for their performance as supervisors, not as detectives. ➢ Recommendation #38: Homicide unit leaders should establish a clear chain of command within unit. Homicide sergeants should be assigned to directly supervise specific teams or squads of detectives, and these assignments should be made clear to the sergeants and the detectives. o One way to establish a clear chain of command is to ensure that sergeants’ shift schedules are aligned with the schedules of the detectives they supervise. This way, sergeants will respond to the same homicide scenes as their direct reports, which will enable them to provide better guidance and supervision. ➢ Recommendation #39: At the outset of each new homicide case, homicide detectives, working with their supervisors, should develop a detailed investigative plan. o The plan should be developed by the lead case detective, along with the detective’s sergeant and lieutenant. It should be developed as quickly as possible after the detective is assigned a new case. o The plan should include items such as: ▪ A to-do list for steps that need to be taken; ▪ A summary of existing leads, evidence, suspects, witnesses, etc.; ▪ A list of people and items for follow-up; 62 Supervision, Accountability, and Oversight ▪ A rough timeline for completing each task. o The plan should be put in writing and should become part of the case file. The plan should be updated as needed. ➢ Recommendation #40: The Homicide Investigation Manual should include a standard case checklist form. The checklist should include basic investigative tasks that are applicable to most homicide investigations, and detectives should be required to note on the form whether they completed each task, the date it was completed, and the reason for not completing any unfinished tasks.83 o The checklist should include a detailed list of steps that detectives should take during each phase of the investigation. It should cover items such as: ▪ Steps taken at the crime scene (e.g., witness canvass, evidence collection); ▪ Notifications made (to supervisors, other CPD units, external agencies, victims’ families); ▪ Attendance at the autopsy and collection of evidence from the Cook County Medical Examiner’s Office; ▪ Reporting (initial report and all supplemental reports); ▪ Submission of evidence for forensics testing; ▪ Witness interviews; ▪ Suspect interviews; ▪ Follow-up on forensic test results. o Follow-up with intelligence units (computer forensics, cell phone forensics, criminal analysts, etc.) o Other investigatory tasks, as outlined in the Homicide Investigation Manual and in best practices guides. ➢ Recommendation #41: Homicide supervisors should conduct mandatory, regular case reviews for the purpose of identifying potential new leads, addressing any gaps in the detective’s investigative process, and updating the investigative plan. 83 See 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. Bureau of Justice Assistance (2013). http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. Appendix B, “Sample Homicide Investigation Checklists.” 63 Supervision, Accountability, and Oversight o The review process should be outlined in the Homicide Investigation Manual and should include reviews of the investigative plan and checklist, as well as the detectives’ reports and case file documentation. o The reviews should take place at specific intervals that are consistent in each case. (For example, after 24 hours, five days, 10 days, two weeks, one month, three months, and every 30 days after until the case is solved, or all leads are exhausted.) o Supervisors should review specific items as part of the process, including: ▪ The investigative plan ▪ The case checklist ▪ All reports filed ▪ Witness statements and interviews ▪ Suspect statements and interviews ▪ Tips received and results from tips ▪ All evidentiary findings and forensic test results. o Supervisory case reviews must be properly documented in the case files using standardized review forms. o Each detective should be required to complete a summary report of all investigative efforts that have been completed for all cases that are open after a set period of time (60 days or 90 days). This will allow supervisors at all levels a chance to review what has been done in the open cases and determine if there are unaddressed leads. ➢ Recommendation #42: The Bureau of Detectives should evaluate its performance measurement tool and, if necessary, implement a revised method of conducting performance evaluations. Supervisors should be trained on how to properly evaluate detectives and use the tool to document the evaluation. o Evaluations should be designed to measure whether each detective is conducting thorough investigations, performing all necessary case follow-up, and properly documenting all investigative tasks and findings. o A thorough evaluation will allow supervisors to identify and hold poorly performing detectives accountable. It will also allow supervisors to identify and recognize superior performance. 64 Supervision, Accountability, and Oversight o Formal evaluations should be conducted every six months. The detective’s sergeant should conduct the evaluation, and it should be reviewed by the homicide lieutenant and commander. ➢ Recommendation #43: The Homicide Investigation Manual should outline a formal process for evaluating homicide sergeants. The evaluations should measure whether each sergeant is properly supervising detectives, conducting regular case reviews, and providing appropriate guidance and direction to members of the squad. ➢ Recommendation #44: The Homicide Investigation Manual should include a formal process to provide additional training and assistance to underperforming detectives. If a detective’s evaluation indicates a performance issue (e.g., poor case documentation, poor interview/interrogation skills, lack of follow-up with forensics), the Area Commander should consider implementing the following provisions: o The detective’s sergeant should work with the lieutenant to identify the problem and create a written plan to address it. Absent significant disciplinary issues (untruthfulness, insubordination, etc.), the focus of the plan should be on offering guidance and direction, rather than discipline. o The sergeant should discuss the issue and the proposed plan with the detective. The sergeant should keep written documentation of his/her actions and discussions with the detective. o If the problems continue, or if the detective refuses to get additional training or follow the proposed plan, the detective should be reassigned. o This process should be applied consistently for every detective. 65 Case Documentation and Records Management Case Documentation and Records Management Observations: Case files must be better organized and include all relevant documentation. The CPD case files reviewed by PERF included very limited documentation regarding investigative follow-up work; many leads were unaddressed, misfiled, or not documented within the file. CPD also needs an efficient electronic case management system. Case Documentation and Organization Homicide detectives lack substantive directions on proper case documentation, file organization, and required reporting. During the onsite assessment, PERF reviewed six randomly chosen homicide case files that occurred in 2017 and 2018. Three of the case files were incomplete, missing key information, and poorly organized. For example, file sections were empty even when there was an indication that such investigative activity had occurred. In one case PERF reviewed, there were indications that an arrest had been made, and photo arrays were conducted, yet there was no documentation included in the sections of the case file for victim, suspect, or witness information, or lineups. In the second case, the section for arrest and search warrants was empty, but other documentation in the file indicated that detectives had completed multiple search warrants. In the third case, there were four named suspects, yet the file included an arrest report for only one of the suspects. The file did not include information about any of the other suspects (e.g., photos, criminal history). The other three cases were well organized and included comprehensive reports and all relevant information in the correct sections of the file. The Bureau of Detectives should develop a template or checklist specifying exactly what must be included in case files and in what order. Recommendations 45-46 provide suggestions for how to improve case file organization. Case Documentation Thorough case documentation, planning, and review are critical for ensuring that homicide cases are being properly investigated. Most homicide units have informal documentation and review practices in place, but it is important to make these practices part of a formal, systematic process that is outlined in official agency policies. Without proper case documentation, it is difficult to determine which leads have been followed, whether the case has been reviewed by a supervisor, what evidence has been collected and submitted for processing, and whether the detective is properly following up with witnesses, prosecutors, and lab results. Additionally, robust case documentation is necessary for proper review if the case becomes cold and for supervisors to conduct regular reviews of cases as described in Recommendation 41. There are several components to proper case documentation: Substance of Case Files: As described in more detail in Recommendation 44, case files should contain comprehensive information about each investigative step taken by the detective. 66 Case Documentation and Records Management Documentation should span the duration of the investigation and should include all reports, statements, background information, forensic test results, requests for information, contacts with external agencies (e.g., prosecutors), and any other relevant information about the case. Case File Organization: In reviewing case files at other police departments, PERF has generally found that well-organized case files seem to be associated with greater case clearance rates.84 To be considered highly organized, case files had to meet a number of objective standards (e.g., files were bound, documents were in order) and subjective measures (e.g., whether a clear narrative of the case could be captured by reading documents in the files). Recommendations 45-46 provide suggestions for how to improve case file organization, including establishing a standard template or checklist for what must be included in the file, and in what order. Statistical Data: In addition to case documentation, homicide units should collect and maintain consistent statistical data for measures such as detective clearance rates and caseloads. This kind of information is critical for effective supervision and evaluation of personnel. Electronic Documentation One way to strengthen homicide case documentation is by linking homicide files to departmentwide electronic records management systems and databases. When a homicide unit’s electronic files are linked to these systems – rather than simply being saved locally or to external hard drives – it can help detectives conduct electronic searches to identify pertinent names, locations, or crime patterns that can help them solve cases. The Chicago Police Department uses the Criminal History Records Information System (CHRIS) for electronic case management. CHRIS includes police incident reports, investigative reports, discovery packages, and other documents created or collected during the investigative process. Many interviewees reported that CHRIS is antiquated and is not user-friendly. The CPD should modernize its electronic case management system. When considering upgrades or alternatives to CHRIS, the CPD should consult with the Bureau of Detectives to ensure that the new system meets the requirements and needs of investigators. For example, the system should include the ability to: • • • Auto-populate forms Link disparate databases (e.g., arrest reports) Send automated notifications (e.g., to alert detectives and supervisors of overdue reports and approvals). To promote utilization of electronic documentation systems, these systems should include a way to segregate public and non-public information. They should include a module that is specifically designed for collecting information about investigations, and they should contain strong For example, PERF’s review of one homicide unit’s case files found that homicide cases with well-documented, highly organized files had a clearance rate three times higher than cases with poorly organized files. 84 67 Case Documentation and Records Management protections against tampering or unauthorized access. More information about electronic documentation can be found in Recommendations 46-47. Recommendations: Case Documentation and Records Management ➢ Recommendation #45: The Homicide Investigation Manual should include directions on proper case documentation, file organization, and required reporting. o The importance of case documentation and organization should be highlighted during training of detectives. Training should emphasize that maintaining good case files is not a matter of bureaucratic busywork. Rather, detectives should understand that a complete, detailed, well-organized case file can contribute to a higher likelihood that a case will be solved. o The Homicide Investigation Manual should include a case file checklist that directs which documents should be included in the file and the order in which they should be filed. Keeping file elements in a standard order can help ensure that fellow detectives, supervisors, and cold case investigators can easily and quickly review the history of a case and absorb the facts of it. Supervisors should periodically review case files to ensure that detectives are adhering to the checklist, and this review should be part of the detectives’ evaluations. o At a minimum, homicide case files should include the following completed documents: ▪ Case file index ▪ Investigative plan ▪ Case checklist form ▪ Initial incident report ▪ 24-hour report ▪ 5-day supplemental report ▪ 10-day supplemental report ▪ 30-day supplemental report ▪ Supervisor case review sheets (completed by detective’s supervisor) ▪ Autopsy report and other communications/reports from the Cook County Medical Examiner’s Office ▪ Copies of submissions for forensic tests ▪ Forensic test results, including NIBIN leads 68 Case Documentation and Records Management ▪ eTrace results ▪ Witness statements ▪ A log of contacts with the Cook County State’s Attorney’s Office ▪ Intelligence reports ▪ Any other forms or reports required by the department ▪ Documentation of all other investigative tasks completed. o Detectives should be held accountable for maintaining proper case documentation, and supervisors should periodically review case files to ensure that detectives are adhering to the checklist. ➢ Recommendation #46: The Bureau of Detectives should take steps to improve the organization of case files. o The Bureau of Detectives should consider developing a case file organization guide similar to the one used by the Houston Police Department’s (HPD) Homicide Unit. HPD uses a case file organization guide to help investigators organize case files and provide uniformity within the unit. The document contains valuable information and includes instructions for the contents of each tab within the case file. It also includes examples of a case synopsis, table of contents, common documents and forms, as well as instructions on how to obtain access to other investigative information (e.g., databases, autopsy reports, jail phone watches, fire department reports). The organization guide is an especially useful tool for investigators. PERF can provide the CPD with a copy of HPD’s organization guide. ➢ Recommendation #47: The CPD should explore ways to ensure that its electronic case management system (CHRIS) can be fully utilized by homicide detectives to strengthen case documentation and investigations. Personnel should be fully trained on all electronic records and case management systems and databases. o Personnel should be fully trained on all electronic records and case management systems and databases. o Detectives should ensure that cases are properly documented both in hard copy and electronically. o CPD should examine whether items in the case management system can be segregated between public and non-public documents, so that detectives can upload their notes and other non-public documents into the system. o Homicide detectives should have access to a secure database and electronic storage, so that documents can be searched and utilized by authorized personnel. Policies should clearly state who has access to the files and under what circumstances they may be accessed. 69 Case Documentation and Records Management o CPD should explore creating an investigations module in its case management systems for use by investigative units. o CPD should protect the security of both hard copy and electronic case records. ➢ Recommendation #48: When considering upgrades to the existing electronic case management system (CHRIS) or implementing a new system, the CPD should consult with investigators and supervisors in the Bureau of Detectives to ensure that the system meets their needs and requirements. o At a minimum, the system should include the ability to: ▪ Auto-populate forms ▪ Link disparate databases (e.g., arrest reports) ▪ Send automated notifications (e.g., to alert detectives and supervisors of overdue reports and approvals). o More advanced functions could include: ▪ Keyword alerts that allow any officer to setup notifications when any new record entered in the system mentions their item of interest (e.g., person, address, vehicle type) ▪ Built-in conformance with the FBI’s National Incident-Based Reporting System (NIBRS) and other data interoperability standards ▪ Mobile access to the system ▪ Image-based searches ▪ Comprehensive indexing of related evidence (e.g., body-worn camera footage). 70 Equipment and Technology Equipment and Technology Observations: Detectives need essential tools, equipment, and technology, including individual workspaces, desktop/laptop computers, a sufficient number of vehicles and radios, and investigative tools such as gunshot residue (GSR) kits and buccal swab kits to collect DNA samples. Addressing these needs would help improve the efficiency and effectiveness of homicide investigations, as well as the performance of the homicide detectives. Equipment and Technology In many police agencies, the equipment and technology provided to homicide units are outdated, or the unit does not have technologies that are available in other agencies. When a homicide unit does not have the tools to meet the needs of a modern homicide investigation, it can limit detectives’ abilities to perform their jobs effectively. In Chicago, detectives do not have the basic equipment needed to perform their jobs efficiently. There are not enough vehicles or radios. Detectives sometimes must wait for a vehicle to become available in order to conduct work outside the office. Detectives do not have individual workstations or their own desktop or laptop computers. The operating system for most computers in each Detective Area is Windows 7. Detectives were recently provided with department-issued cell phones. This is an enormously positive step and should facilitate communication between detectives and victims’ families and witnesses. (None of the detectives have direct phone lines or individualized voicemail, because none of the detectives have individual desks. Detectives generally share a single office line within their Detective Area, and those phone lines do not have voicemail. One detective stated that the phone line within his Area is shared among 200 detectives. Detectives justifiably avoided using their personal cell phones for work because of a concern that their personal cell phones could be subpoenaed.) The CPD should review the resource needs of the Bureau of Detectives, as well as other investigative and support units in the department, and should place a high priority on investing in necessary equipment and tools to assist with investigations. Recommendations: Equipment and Technology ➢ Recommendation #49: The CPD should invest in upgrades to the vehicle fleet assigned to the homicide detectives. o The CPD should inspect the vehicle fleet to ensure that the vehicles are adequate for homicide investigations. 71 Equipment and Technology o The CPD should increase the number of vehicles available to homicide detectives to ensure a timely response to homicide scenes and other locations (e.g., hospitals, the medical examiner’s office, or meetings with witnesses). o An insufficient number of reliable vehicles may result in a delayed response to a homicide scene and to complete investigative responsibilities. ➢ Recommendation #50: The CPD should invest in technological tools that could greatly improve the efficiency and effectiveness of homicide investigations. These include: o Tools for essential office work, such as up-to-date desktop computers and individually assigned laptop computers. o Tools to expand the field capabilities of homicide detectives, such as tablets. ➢ Recommendation #51: The CPD should invest in equipment upgrades for detectives. Specifically: o A sufficient number of radios so detectives can communicate with CPD officers, detectives, and dispatch. o Investigative tools such as gunshot residue (GSR) kits and buccal swab kits for field testing. ➢ Recommendation #52: CPD should explore general technology updates for the department. Specifically: o Alternatives to the current CHRIS system, which is described as temperamental and not user-friendly (see Recommendations 47-48.) o Alternatives to the Oracle database on the server, which does not auto-populate, resulting in detectives wasting time retyping the same information into multiple databases instead of focusing on vital investigative tasks) o Options that allow disparate computer systems to share information, to improve efficiency. 72 Evidence Collection and Analysis Evidence Collection and Analysis Observations: The Illinois State Police (ISP) Division of Forensic Services, which is responsible for processing DNA evidence for the CPD, typically takes 6-12 months to provide results, and some officers reported waiting even longer. This delay in processing DNA evidence is a serious hindrance to solving homicides. In addition, CPD’s Forensic Services Division is understaffed, and the crime scene investigators lack proper equipment to perform their jobs effectively and efficiently. Some crime scene investigators lack the training and desire to work homicide scenes, and there is no mandated ongoing training for crime scene investigators after the initial training. DNA Processing The Illinois State Police (ISP) Division of Forensic Services is responsible for processing DNA evidence for law enforcement agencies in Illinois. ISP manages both DNA casework (i.e., analyzing evidence from crime scenes) and an offender database (i.e., the Combined DNA Index System, or CODIS). ISP typically takes 6-12 months to provide DNA results, and some detectives reported waiting as much as 19 to 24 months for results. These detectives indicated that they would be able to close homicide cases if they had DNA results. PERF identified the slow turnaround times for DNA evidence as a serious hindrance to solving homicides. The BJA guide on best practices for homicide investigations states that “a competent, well-equipped, and well-staffed crime laboratory that is responsive to investigators will have a significant effect on homicide clearances.”85 The ISP lab currently has a backlog of more than 650 homicides awaiting DNA testing.86 The backlog is primarily due to a staffing shortage and an increase in the number of cases submitted for analysis.87 At the end of fiscal year 2018, the ISP was staffed with 63 fully-trained DNA scientists. However, based on the current workload, ISP estimates a need for 81 DNA scientists. ISP officials have indicated that it could take up to two years to reduce the backlog, because the process of hiring a DNA scientist takes 6-9 months and the training to become fully qualified takes approximately another two years.88 ISP hired six DNA scientists in December 2018 and is planning to hire an additional 10 scientists by the end of 2019.89 85 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. Petrella, Dan (March 25, 2019). Progress on 5,000-case DNA test backlog at crime labs could take 2 years: Illinois State Police. Chicago Tribune, https://www.chicagotribune.com/politics/ct-met-illinois-state-police-dnabacklog-20190325-story.html. 87 Illinois State Police. FY 2018 DNA Testing Accountability Report, https://www.isp.state.il.us/docs/18dnareport.pdf. 88 Ibid. 89 Illinois State Police Press Release (March 20, 2019). Illinois State Police Initiating Forensic Services Improvements, https://www.isp.state.il.us/media/pressdetails.cfm?ID=1025. 86 73 Evidence Collection and Analysis To address the statewide backlog and, more specifically, the delays in processing DNA evidence for homicides that occurred in Chicago, the ISP should ensure that its lab is fully staffed with highly trained and qualified scientists. The CPD’s Forensic Services Division also has a Rapid DNA90 machine that can process DNA samples and provide results in approximately two hours. However, there are limitations with this technology. First, CPD’s Rapid DNA machine is not currently integrated with CODIS. Second, the results cannot be used as probable cause for arrest in Illinois. DNA samples are taken when a suspect is indicted for a felony, but not when a suspect is arrested. Finally, the Rapid DNA machine is expensive to operate and maintain (e.g., the chemical cartridges used to process DNA each cost approximately $300,000). The ISP Department of Forensic Services has been directed to implement Rapid DNA technology statewide as soon as possible.91 Areas for Improvement The CPD Bureau of Detectives is currently working with ISP and the Cook County State’s Attorney’s Office to prioritize DNA evidence when a suspect is being held in custody pending criminal charges. In these instances, the State’s Attorney’s Office has 48 hours to initiate charges, or else the suspect must be released from custody. The ISP has prepared a draft protocol to request expedited laboratory analysis (i.e., a “rush” case). To qualify, the case must meet the following criteria: 1) Law enforcement has a suspect in custody, or evidence has the potential to identify an unknown suspect (e.g., DNA or fingerprints); 2) The case is a violent crime involving death, serious injury, or the immediate threat of death/serious injury; 3) Expedited forensic results are required to assist the State’s Attorney in evaluating probable cause to charge; 4) Forensic results within 48 hours is required in the interests of public safety. However, this process has not been finalized. It is critical that the CPD, ISP, and Cook County State’s Attorney’s Office establish a decision matrix to help detectives and prosecutors understand the evidence submission protocol for expedited DNA analysis. This process should be finalized and implemented as soon as possible. Crime Scene Investigation It is critical that police agencies have strong systems for collecting, processing, testing, and analyzing physical evidence. This includes ensuring that the units that perform these functions have clear written policies and protocols, adequate staffing and equipment, and standardized procedures for communicating with one another and with investigative units. 90 ANDE Rapid DNA, https://www.ande.com/what-is-rapid-dna/. Illinois State Police Press Release (March 20, 2019). Illinois State Police Initiating Forensic Services Improvements, https://www.isp.state.il.us/media/pressdetails.cfm?ID=1025. 91 74 Evidence Collection and Analysis Staffing and Assignment The CPD’s Forensic Services Division is responsible for crime scene investigation. The Forensic Services Division includes sworn crime scene investigators assigned to the following components: Table 5: Forensic Services Division Staffing and Assignment Assignment Number of Staff Assigned Crime Scene Duties 80 Mobile Lab Command Desk 3 Morgue Detail 3 Photo Section 3 Rapid DNA 1 Laser 4 Firearms 13 Evidence Evaluation 1 Total 108 At the time of PERF’s first site visit, the Forensic Services Division was staffed by 108 sworn crime scene investigators, classified as either Police Forensic Investigators (PFIs) or Evidence Technicians (ETs). Eighty of those are assigned to respond to crime scenes with the remaining 28 assigned to lab work. Historically, PFIs processed crimes against persons and officer-involved shootings, while ETs processed property crimes. PFIs had more extensive training on homicide investigations than ETs and were paid a higher salary than ETs.92 However, CPD eliminated the PFI classification in 2014, and ETs are now responsible for responding to and processing both property crimes and crimes against persons, including homicides.93 Through attrition, the number of PFIs has decreased from 39 to six. PFIs were paid the equivalent of a sergeant’s salary. PERF was advised during interviews that the Forensic Services Division is attempting to train ETs to the same standard as PFIs, but the union filed a grievance because of the pay difference. ETs are supposed to be paid at a higher grade if they work a homicide. This dispute was ongoing at the time of PERF’s site visit. 92 93 75 Evidence Collection and Analysis Selection and Training The application process for police officers interested in becoming Evidence Technicians is governed by Employee Resource Order E05-09, Application for Police Officer (Assigned as Evidence Technician). Candidates are required to take a written exam, and those who score in the top 70 percent are ranked based on their score and are placed on an eligibility list. As vacancies occur, candidates are selected from the eligibility list to attend a training program. New ETs are paired with an experienced ET for the 5-week training program, which includes a combination of classroom instruction, field training, and practical exams. The training covers the following subjects: • Fingerprinting • Evidence evaluation and packaging • eTrack inventory system • Firearm forensics • Crime scene sketching • Vehicle processing • Crime scene photography and videography • Blood spatter and reagents • DNA collection and packaging • Crime scene report writing The initial training appears to be thorough, and the Forensic Services Division occasionally provides refresher training. But personnel interviewed by PERF reported that there is no mandated ongoing training. In addition, due to a contractual dispute, ETs are not trained to the same standard as PFIs. For example, only PFIs have the training and authorization to use Bluestar and luminol for latent blood detection. ETs are also not trained on plaster casting. PFIs typically respond to homicide scenes. However, with only six PFIs in the department, ETs sometimes respond in lieu of a PFI.94 If there is a need for equipment or techniques that ETs are not trained to use, there could be a significant delay in processing homicide scenes. One detective stated that it could take up to 36 hours for a PFI to respond. Equipment Crime scene investigators need additional equipment to perform their jobs effectively and efficiently. Several interviewees reported that they have purchased equipment with their own money because equipment either was not provided by the department (e.g., cases to transport equipment) or it was of a lesser quality (e.g., fingerprint brushes and powder). In addition, while the Forensic Services Division received 35 new cameras in late 2018, many personnel told PERF that more cameras are needed. Crime scene investigators also need vehicles that can accommodate larger pieces of evidence but can also fit through narrow alleyways. The Forensic Services Division has three trucks and two 94 ETs are paid at a higher grade if they work a homicide scene for longer than 2 hours. 76 Evidence Collection and Analysis vans that can carry high-tech equipment and large pieces of evidence, but these are primarily driven by PFIs. ETs typically drive vehicles that were previously assigned to the patrol division, so they have cages separating the front and back seats and are not specifically configured to hold forensic equipment. Other pieces of needed equipment include: • • • • • Cameras Lyca 360° scanner Comparison microscopes MatchPoint Plus for ballistic identification Department-issued cell phones for ETs95 Mental Health Many of the Forensic Services Division staff interviewed by PERF expressed concern for the mental health and welfare of crime scene investigators. Interviewees stated that crime scene investigators often respond from one scene to the next scene without an opportunity to debrief. The Employee Assistance Program is available to crime scene investigators, but investigators stressed the uniqueness of forensics work compared to patrol. Before the elimination of the PFI classification, ETs were primarily responsible for processing property crimes. Many did not have the intent or desire to work homicides. But currently, ETs may have to respond to homicide scenes in addition to property crimes. Areas for Improvement Staffing: In 2019, the Forensic Services Division was budgeted for 133 crime scene investigators, including 22 additional officers assigned to handle crime scene duties, and three additional officers assigned to the CPD lab. However, interviewees told PERF that 175 crime scene investigators would be better to handle the workload. The CPD should review the staffing levels to ensure that there is an adequate number of personnel assigned to work in the lab and process crime scenes. Selection and Training: The Forensic Services Division should establish an ongoing training schedule for crime scene investigators. The training should include yearly refresher courses on new and emerging topics related to crime scene investigation. The training should be documented within the employee’s personnel file. In addition, the CPD should consider establishing a separate classification of ETs who have the desire to work homicides and other crimes against persons. Since there is an existing contractual dispute regarding the training, salary, and classification of ETs (i.e., when they work a homicide scene), the CPD should work with both the Forensic Services Division leaders and union officials to identify a mutually beneficial solution. One option is to offer a test to select those 95 Field supervisors for the ETs have cell phones, but ETs do not. 77 Evidence Collection and Analysis who demonstrate an interest in and proficiency for working homicides. Those ETs and can be assigned to teams specifically responsible for responding to homicides. Equipment: The CPD should evaluate the equipment needs of the Forensic Services Division to ensure that crime scene investigators, both in the field and in the lab, have the equipment and resources needed to perform their jobs efficiently and effectively. These include: • • • • • Vehicles specifically configured to transport forensic equipment and large pieces of evidence (e.g., a Ford Expedition) Lyca 360° scanner Comparison microscopes MatchPoint Plus for ballistic identification Department-issued cell phones Mental Health: The CPD should ensure that the mental health and wellness needs of crime scene personnel are identified and addressed. Firearms Lab There are currently 16 technicians assigned to the firearms lab within CPD’s Division of Forensic Services. The firearms technicians are responsible for processing all firearms and ballistics recovered at crimes scenes in the City of Chicago except for officer-involved shootings, which are sent to the Illinois State Police crime lab. Processing Firearms and Shell Casings The CPD firearms lab processes an enormous volume of firearms and shell casings. Adding to the volume is the complexity of more crime scenes involving multiple shooters with multiple guns. All firearms are automatically processed by the firearms lab; the lab does not wait for requests from detectives. In 2018, the CPD recovered approximately 9,500 firearms. According to firearms lab personnel, the CPD is on track to recover 11,000 guns in 2019. When a firearm is recovered, the technician test-fires the weapon and enters an image of the fired cartridge casing into CPD’s Integrated Ballistics Information System (IBIS). This image is compared against images in the National Integrated Ballistics Information Network (NIBIN). Lab technicians typically enter 100 cartridge casings a day into IBIS. In addition to completing a report that documents all evidence recovered from a crime scene, the firearms technician completes a worksheet to document information about the firearm (e.g., type, make, model, serial number), test fire results, and whether the firearm was processed for prints. Approximately one-third of firearms recovered are processed for prints. Prints are commonly found on the magazine, but the forensic personnel interviewed indicated that the prints often belong to patrol officers. Recovered cartridge casings are also entered into IBIS for comparison. However, not every cartridge is entered. For example, if there are 30 cartridges found at a crime scene and the firearms technician determines that they came from four different weapons, the technician will identify the best exhibits from each weapon and enter those into IBIS. If NIBIN generates a 78 Evidence Collection and Analysis high-confidence correlation, the firearms technician will prepare a Ballistic Information Alert (BIA). The BIA lists other cases related to the ballistic evidence in question and is sent via email to the detective investigating the case, as well as other units within the same district (e.g., patrol, gang investigators, narcotic investigators). For homicide cases going to trial, the high-confidence correlations are sent to the ISP lab for a one-on-one comparison and confirmation. For homicides that occur Monday through Friday, the BIA is issued on the same day. (Firearms technicians work Monday through Friday, and PERF was advised that the schedule was one of the incentives of working in the lab.) For homicides that occur on the weekend, the BIA is sent the next business day. However, if a homicide occurs on the weekend, a suspect is in custody, and a firearm is recovered, a technician will come in to process the firearm. Detectives can send an email at any time to the CPD firearms lab general email address (e.g., for high-priority cases or to ask about the status of their case). This email is automatically forwarded to individual personnel in the lab. Areas for Improvement The technicians assigned to the firearms lab are knowledgeable and appear to be dedicated to their work. However, PERF identified the following areas for improvement. First, the CPD should take steps to ensure that the firearms lab has adequate staffing to handle the workload. With an average of over 9,000 firearms recovered each year, the Forensic Services Division needs a sufficient number of technicians to process the large volume of firearms and ballistic evidence. Second, the CPD should review the technology and equipment needs of the firearms lab to ensure that personnel can efficiently perform their jobs. Firearms technicians need additional MatchPoint Plus machines for ballistic identification and comparison microscopes. Third, both detectives and patrol officers need additional training on firearms. While patrol officers receive training on how to properly recover a firearm without contaminating it, this message needs to be reinforced during roll calls, and officers should receive ongoing training on crime scene management and evidence recovery. In addition, detectives are supposed to submit a supplementary report if they receive a BIA indicating a high-confidence correlation. However, some detectives did not find them useful, and forensic personnel indicated that some detectives are not following up on the leads. Detectives should receive training to understand the NIBIN process, how to follow up after receiving a high-confidence correlation, and the confirmation process at the state lab. Fourth, the CPD should evaluate the building and space that houses the Forensics Services Division. Staff reported that the facility was too small and not sufficient for forensic work. There was a concern that evidence could be easily contaminated. Finally, PERF received conflicting information as to whether the high-confidence correlations can be used as probable cause for arrest. Both forensics staff and detectives should receive clarification on this. 79 Evidence Collection and Analysis Recommendations: Evidence Collection and Analysis ➢ Recommendation #53: The Bureau of Detectives should work with the ISP and Cook County State’s Attorney’s Office to prioritize DNA testing for homicide investigations. This includes establishing a decision matrix to help detectives and prosecutors understand the evidence submission protocol for expedited DNA analysis. o The ISP has prepared a draft protocol to request expedited laboratory analysis (i.e., a “rush” case). This process should be finalized and implemented as soon as possible. o The CPD and State’s Attorney’s Office should also explore the use of Rapid DNA as a way to establish probable cause for arrest for homicide cases. ➢ Recommendation #54: The Bureau of Detectives should evaluate the staffing levels of the Forensic Services Division and, if necessary, increase the authorized strength of the unit. The staffing levels should ensure an adequate number of personnel are available to respond to homicides and thoroughly process and test evidence in a timely fashion. o In 2019, the Forensic Services Division was budgeted for 133 crime scene investigators, but interviewees reported that 175 investigators were needed to handle the workload. o CPD officials should work with unit supervisors to determine appropriate staffing levels based on the workload. ➢ Recommendation #55: The Bureau of Detectives should evaluate the technology and equipment available to the Forensic Services Division to ensure that personnel have the resources needed to respond to homicides and thoroughly process and test evidence in a timely fashion. o For example, those interviewed by PERF expressed a need for: ▪ Vehicles specifically configured to transport forensic equipment and large pieces of evidence (e.g., a Ford Expedition) ▪ Lyca 360° scanner ▪ Comparison microscopes ▪ MatchPoint Plus machines for ballistic identification ▪ Department-issued cell phones ➢ Recommendation # 56: The CPD should evaluate the physical space that houses the Forensic Services Division to determine whether additional space is needed and to ensure that the facility meets the needs of forensic personnel. 80 Evidence Collection and Analysis o The space should accommodate the specialized equipment used by forensic personnel and should be configured in such a way to avoid contamination. ➢ Recommendation #57: The CPD should consider creating a new classification of ETs who have the interest, training, and experience to work homicide scenes. o Those assigned to handle homicide scenes must receive appropriate training in all aspects of homicide cases. o Because of the existing contractual dispute regarding the training, salary, and classification of ETs, the CPD should work with Forensic Services Division leaders and union officials to identify a mutually beneficial solution. o One option is to offer a test to select those who demonstrate an interest in and proficiency for working homicides. Those ETs and can be assigned to teams specifically responsible for responding to homicides. ➢ Recommendation #58: The Bureau of Detectives and the Forensic Services Division must ensure that all crime scene investigators who work homicide scenes are properly trained and authorized to use all the necessary tools and equipment in order to efficiently and accurately process a homicide scene (e.g., luminol, BlueStar, plaster casting). o The CPD should resolve the contractual dispute with the union as soon as possible. ➢ Recommendation #59: Forensic Services personnel should receive mandated ongoing training on relevant and evolving topics regarding evidence collection and analysis. o The training should include yearly refresher courses on new and emerging topics related to crime scene investigation. o The training should be documented within the employee’s personnel file. ➢ Recommendation #60: The CPD should ensure that mental health and wellness resources (beyond EAP) are available to crime scene personnel. ➢ Recommendation #61: Patrol officers and detectives should receive additional training in firearms. o For example, patrol officers need ongoing and refresher training on how to properly recover a firearm without contaminating it. o Detectives need training on the capabilities and procedures of the firearms lab, including the process of entering casings into IBIS, receiving high-confidence correlations, how to follow up after receiving a BIA, and the confirmation process at the state lab. Detectives also need clarification on whether the BIA can be used as probable cause for arrest. 81 Evidence Collection and Analysis Digital Evidence Observations: The CPD has made significant investments in the recovery and analysis of digital evidence, but the department needs to develop substantive policies and procedures to guide investigators in using these resources. There are multiple units and organizations, both internal and external, that support the recovery and analysis of digital evidence. However, the CPD and Bureau of Detectives need substantive policies and procedures to guide investigators in using these resources. Area Tech Centers Area Tech Centers (ATC) operate in each of the three Detective Areas. The primary responsibility of ATCs is to assist detectives with obtaining all available digital evidence from homicide scenes. This includes video from city Police Observation Devices (i.e., POD cameras) and private video footage. ATCs also include video analysis software. ATCs are staffed by four teams of detectives and patrol officers. Each team consists of one detective and three patrol officers, all of whom are overseen by a lieutenant. The BOD is currently in the process of developing general orders to guide investigators in the collection and processing of digital evidence. It is important that all detectives receive training to familiarize themselves with the capabilities of the ATCs and use them consistently in their investigations. Technical Services Unit Before the implementation of ATCs, CPD’s Technical Services Unit (Tech Services) was responsible for pulling video for homicide investigations. Tech Services is also responsible for monitoring suspects under surveillance and using PenLink to analyze pen register and cellular communications data. Interviewees reported to PERF that the Tech Services Unit is understaffed. Regional Computer Forensics Lab The Regional Computer Forensics Lab (RCFL) is an FBI task force that provides digital forensics services to law enforcement agencies in the Chicago area. The RCFL has a Cellebrite machine that detectives can use to extract and analyze information from cell phones. At the time of PERF’s site visit, the CPD did not have its own Cellebrite machine on site. However, PERF learned that CPD was in the process of acquiring its own machine with grant funding. Social Media Exploitation Teams The CPD has police officers and detectives assigned to Social Media Exploitation Teams (SOMEX) to conduct investigations through various social media platforms (e.g., preserving social media accounts in case information is later deleted). The detectives PERF interviewed 82 Evidence Collection and Analysis expressed a need for additional staff assigned to the SOMEX team because of the large volume of work the team receives. The Importance of Digital Evidence In 2018, PERF released The Changing Nature of Crime and Criminal Investigations,96 a report that explored how new technologies are changing how crimes are committed, as well as creating new types of crime. Criminal investigations are becoming more complex because of new technologies; nearly every type of crime, including homicide, can have digital components. As a result, digital evidence, including video footage and forensic evidence from computers and cell phones, is increasingly valuable to criminal investigators.97 Smartphones and other personal devices contain a wealth of information, including the identities and contact information of a person’s friends and associates; personal schedules; the time, location, and content of phone calls, emails, texts, and other messages; social media postings; photographs taken by the subject and photos received from friends; suspects’ location and activities at particular dates and times, etc. Furthermore, the proliferation of public and private security cameras – as well as video features on smartphones – means that more and more criminal incidents are being captured on video. As a result, investigators are increasingly relying on digital evidence to provide critical information about crime victims and suspects.98 Because of this shift into how homicides (and other crimes) are now being investigated, the CPD must develop clear policies and procedures to ensure that detectives understand what resources are available for digital evidence collection, recovery, and analysis, and how to use those resources. Challenges with Digital Evidence Some types of digital evidence, such as security camera footage, must be gathered quickly, before the digital trail grows cold. In addition, investigators must understand the technical and legal issues involved in unlocking digital devices and gathering digital evidence from devices or from social media companies and cellular service providers. Processing and analyzing digital evidence require specialized skills, training, and equipment that are beyond the capabilities of a typical officer or detective. Additionally, the volume and extent of data recovered means that the process of analyzing such evidence can be significantly more time-consuming. 96 Police Executive Research Forum (2018). The Changing Nature of Crime and Criminal Investigations, Washington, D.C. Available at http://www.policeforum.org/assets/ChangingNatureofCrime.pdf. 97 Goodison, Sean E., Robert C. Davis, and Brian A. Jackson (2015), Digital Evidence and the U.S. Criminal Justice System: Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence, Washington, DC: RAND Corporation, the Police Executive Research Forum, RTI International, and the University of Denver, available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR800/RR890/RAND_RR890.pdf. 98 Ibid. 83 Evidence Collection and Analysis Digital Evidence Training CPD’s Bureau of Detectives should ensure that its detectives understand the technical and legal issues surrounding digital evidence collection, extraction, and analysis. Detectives should receive training to understand how to analyze and filter data, and how to draft an affidavit for a search warrant. Detectives also need policies and procedures to provide a clear understanding of the tools and resources available to process and analyze digital evidence. Recommendations: Digital Evidence and Criminal Intelligence and Analysis ➢ Recommendation #62: Because of an increased reliance on digital evidence and greater complexity in how homicides are being investigated, the Bureau of Detectives must ensure that all investigators have a thorough understanding of the tools and resources available (either internally or via external partners), and receive the proper training to use the tools and resources or request those services. o These tools and resources should be documented in the Homicide Investigation Manual, and detectives should be held accountable for following all applicable policies.99 ➢ Recommendation #63: The Bureau of Detectives should develop written policies and procedures that govern the collection and processing of all cell phones, computers, video footage, and other electronic devices that are recovered as evidence. All investigators should be trained on these policies and held accountable for following them. o These policies should be applicable to any CPD personnel who seize or analyze digital evidence, including patrol officers, investigators, and forensic technicians. Policies should direct personnel on how to handle electronic devices prior to submitting them for analysis in order to preserve evidence, and personnel should be trained on this topic.100 o Written policies should include: ▪ Directives on who within CPD is responsible for digital evidence collection, processing, and analysis. Specialized units dedicated to handling digital 99 Goodison, Sean E., Robert C. Davis, and Brian A. Jackson (2015), Digital Evidence and the U.S. Criminal Justice System: Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence, Washington, DC: RAND Corporation, the Police Executive Research Forum, RTI International, and the University of Denver, available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR800/RR890/RAND_RR890.pdf. 100 Ibid. 84 Evidence Collection and Analysis evidence should help to develop written policies and procedures that govern their operations. ▪ The procedure for requesting digital evidence extraction/processing services; ▪ Standard departmental policies for collecting electronic devices recovered as evidence; ▪ Standard departmental policies for extracting data from electronic devices, including evidence located in a cloud database; ▪ Standard department policies and protocols for identifying security cameras at crime scenes and for requesting video footage from public and private operators of security cameras; ▪ Legal standards for searching and seizing evidence collected from electronic devices; ▪ When developing policies governing the recovery and processing of digital evidence, police agencies should consult best practices guides and policies from other police agencies. ➢ Recommendation #64: All investigators in the CPD, including homicide detectives, should receive training to understand the technical and legal issues regarding digital evidence collection, extraction, and analysis, regardless of whether they routinely perform these functions. o The training should include the protocols and legal standards for requesting extraction services, obtaining search warrants or court orders for digital evidence, and steps that should be taken to preserve evidence on mobile phones, computers, and other devices. o Trainings could be conducted by trained personnel from the units that are primarily responsible for handling digital evidence and the Cook County State’s Attorney’s Office. o The CPD should consider incorporating this training into the pre-service training curriculum for detective candidates. ➢ Recommendation #65: Homicide detectives and other personnel in the CPD who are responsible for handling digital evidence should consider registering with the FBI’s National Domestic Communications Assistance Center (NDCAC) for training and assistance related to digital evidence. o The NDCAC is a hub for technical knowledge management and information-sharing among law enforcement agencies. NDCAC assists law enforcement agencies by providing free technical training, developing tools and resources, conducting research 85 Evidence Collection and Analysis on technical solutions and best practices, and maintaining relationships with communications industry partners. o Law enforcement personnel must register with NDCAC to access its resources and tools. To register, send a request to askndcac@ic.fbi.gov. There is no limit to the number of representatives per agency. 86 Internal Coordination Internal Coordination Observations: Current levels of communications and coordination among detectives within a given Detective Area are good, but there is a need for communication and coordination among other units involved in homicide investigations (e.g., patrol; Strategic Decision Support Centers, District Intelligence Officers, and the Crime Prevention Information Center, or CPIC). Overall Coordination and Communication The BJA guide on best practices for homicide investigations states: “The homicide unit should have an open and strong working relationship with other units within the agency . . . The most successful homicide investigators realize the value provided in a team approach to investigations and practice it regularly.”101 According to the BJA best practices guide, homicide detectives should work as an investigative team alongside forensic scientists, crime analysts, prosecutors, patrol officers, and detectives from specialized units, such as gangs or narcotics units. The guide notes that to promote better collaboration, some police agencies, such as the Jacksonville, FL Police Department, have instituted formally defined homicide investigations teams.102 Challenges to Internal Coordination There are several reasons why strong inter-agency coordination can be difficult to achieve. One common challenge is that, although members of the various units are generally talented and committed to their work, these units are largely insular and operate as independent entities. BJA’s 2013 publication, 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigations, notes: “Collaboration can improve success throughout the agency, but it may require serious efforts to overcome entrenched subcultures of guarding information, isolation, and insulation. The benefits of collaboration are limitless, including information that could prevent a homicide, such as in a case of retaliation.” 103 Additionally, police agencies sometimes have few formal communication or information-sharing mechanisms in place, and as a result, it can be difficult for investigators to share intelligence and identify important links between cases, suspects, victims, and witnesses. In the CPD, as in many other police agencies, a lack of adequate staffing and resources in units throughout the agency may be a barrier to strong internal coordination. When units lack the staffing and resources they need to perform their own tasks, it becomes less likely that they will be able to assist other units with investigations. CPD’s Crime Control Strategies Section is responsible for CompStat meetings within the department, but these meetings typically focus on patrol and crime prevention. CPD is in the 101 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. Ibid. 103 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. Bureau of Justice Assistance (2013). Available at: http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. 102 87 Internal Coordination process of implementing management meetings within each Detective Area, which will be similar to the CompStat meetings, but at the detective level. These Detective Area Management meetings should help to improve communication and collaboration when they are implemented in each of the three Detective Areas. Implementing the following recommendations will help improve interagency communications and coordination. Recommendations concerning specific CPD units are found later in this section. Recommendations: Internal Coordination ➢ Recommendation #66: Leaders from the Bureau of Detectives and each Detective Area should continuously emphasize the value of cross-department collaboration and taking a team approach to preventing and solving crimes. o This message should be reinforced in the CPD directives, homicide investigation SOPs, and in training. Policies should include procedures for sharing information with patrol officers, all investigative units, analysts, and multi-jurisdictional task forces.104 o Leaders from the various units should meet regularly to share ideas for strengthening the investigative process and improving cross-agency information sharing. ▪ For example, the Los Angeles County Sheriff’s Department created formal and informal opportunities for sharing information through enhanced computer systems and by co-locating units within the same building.105 ▪ In Washington, D.C., executives and managers at the Metropolitan Police Department worked with subordinates to develop procedures for rapid release of critical information to all units in the department. For example, the gang unit reviewed information from school resource officers, daily crime bulletins, gunshot analysis, and their own sources to develop a gang conflict report that was distributed daily to all officers.106 ➢ Recommendation #67: The Bureau of Detectives should coordinate regular training briefings to allow members of the various units within the department to brief other units about their policies, protocols, capabilities, and missions. o This will help units better understand how their missions, goals, and functions intersect. Homicide detectives should also be encouraged to attend Patrol Unit roll calls to share information about homicide incidents and investigations. 104 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes. Bureau of Justice Assistance (2013). Available at: http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. 106 Ibid. 105 88 Internal Coordination ➢ Recommendation #68: Homicide detectives should be required to document any request they submit to another unit, whether those requests were followed up, and the results of such requests. Supervisors should review this documentation to ensure that detectives are soliciting input and assistance on cases from other units. Patrol Units Patrol officers serve a critical role in homicide investigations. They are typically the first officers on the scene of a homicide; they are responsible for preserving and managing the crime scene; they often conduct the initial witness canvasses; and they may have contacts in their districts who can provide valuable information about a case.107 Research has shown that certain actions taken by patrol officers – such as securing the crime scene and attempting to locate witnesses – can lead to higher homicide case closure rates.108 In Chicago, securing the crime scene, setting up a perimeter, and maintaining a crime scene log are among the key tasks for patrol officers in a homicide investigation. At a homicide scene, patrol officers also assist in canvassing the area for potential witnesses and evidence, separating potential witnesses from the crowd, transporting witnesses to headquarters to be interviewed by a homicide detective, and transporting the witnesses back after the interview is over. These tasks are critical for ensuring that crucial evidence and witness testimony are not lost, for keeping witnesses safe, and for allowing potential witnesses to share information without interference from others who may attempt to dissuade them from offering assistance. Coordination with the Homicide Unit After the initial on-scene response, homicide detectives do not generally communicate with patrol or take advantage of the close knowledge of a neighborhood that patrol officers develop. Regular, ongoing communication between homicide detectives and patrol officers can help strengthen homicide investigations. Officers who patrol neighborhoods on a daily basis often have contacts and sources who can provide vital information about homicide cases. Failing to use this information is a lost opportunity for patrol officers to assist in investigations, deter further crimes, and keep communities safe. Coordination between the homicide unit and patrol units must go beyond the initial crime scene and continue throughout the investigation. For example, it can be useful for homicide detectives to attend roll calls to personally provide information to patrol officers regarding homicide cases in the area. And when patrol officers receive information from the public related to a homicide, there must be clear channels for sharing that information with the homicide unit. 107 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. Wellford, Charles and James Cronin, Clearing Up Homicide Clearance Rates, National Institute of Justice Journal (April 2000), https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. See also the full report for a more comprehensive look at this study: An Analysis of Variables Affecting the Clearance of Homicides: A Multistate Study (October 1999), http://www.jrsa.org/pubs/reports/homicides_report.pdf. 108 89 Internal Coordination Recommendations: Patrol Units ➢ Recommendation #69: The CPD should take steps to improve the communication and coordination between patrol officers and homicide detectives. o The CPD should ensure that there are formal information-sharing protocols in place to improve communication between patrol officers and homicide detectives. o Homicide detectives should routinely follow up with patrol officers to determine whether officers have relevant information on active homicide cases. This step should be included as a step in the homicide unit investigation checklist. Homicide supervisors should hold detectives accountable for completing this step. ➢ Recommendation #70: To ensure that homicide crime scenes are consistently and thoroughly secured and managed, leaders from the Bureau of Detectives and Bureau of Patrol should develop a standardized worksheet for patrol officers to use when responding to crime scenes. o The worksheet should include a checklist of all tasks that must be completed, notes regarding any essential information gathered (e.g., witnesses identified, evidence collected, etc.), and space to record information about the people, conditions, and circumstances at the scene. o Officers should be responsible for submitting the worksheet to the homicide detective before leaving the scene. ➢ Recommendation #71: The CPD should ensure that patrol officers receive comprehensive training on the following topics: o Crime scene processing and management, including securing and preserving a scene, maintaining a crime scene log, locating surveillance cameras and other sources of evidence at the scene, conducting initial witness canvasses, and other aspects of initial case investigation and crime scene management. Officers generally receive basic crime scene training while at the Academy, but it should be reinforced by on-the-job training and updated formal training as needed. o Working with witnesses and victims’ family members, including how to identify and separate potential witnesses at the scene, how to respond to possible confrontations with members of the public at a crime scene, and protocols for transporting witnesses to and from the crime scene. It is important that patrol officers know how to protect a crime scene and handle witnesses without alienating the community, as this is crucial for maintaining positive police-community relationships and may lead to better cooperation from potential witnesses.109 109 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 90 Internal Coordination o How to best contribute to a homicide investigation, including what patrol officers should look for at a homicide scene, what the various units need from patrol officers, and how patrol officers can add value throughout an investigation. Other Investigative Units In addition to coordinating with detectives who investigate nonfatal shootings, it is also critical that homicide detectives work closely with investigators in other specialized units, such as those that handle gang and narcotics cases. Coordination between homicide detectives and narcotics and gang units is particularly important, because the majority of homicides, shootings, and other violent acts are committed by “readily identifiable groups of individuals,” such as gangs and loose neighborhood drug crews.110 Members of these same groups are also often victims of homicide and violent crime. For example, research in Cincinnati, Ohio identified 60 criminal groups composed of 1,500 people (representing less than 0.5% of Cincinnati’s population) who were associated with 75% of the city’s homicides as a victim, perpetrator, or both.111 Given the overlap between gang and drug crimes, shootings, and homicides, gang and narcotics investigators can be a valuable resource for homicide investigations.112 For example, these specialized units often use social media, contacts within the community, and confidential informants to gather intelligence about gangs and gang members’ involvement in crimes, and this information is often useful for homicide detectives. Coordination between homicide detectives and specialized units can be challenging due to a lack of formal information-sharing protocols, a tendency for units to “stay in their own lanes” and focus on their own missions, and a lack of time and resources that would allow for greater collaboration. So, it is essential that homicide detectives and detectives from other investigative units establish formal information-sharing protocols to facilitate communication and coordination between the units. In Chicago, not all detectives are familiar with the capabilities and resources provided by other units. However, in July 2019, the CPD issued a new Special Order, S03-02-01, Strategic Decision Support Centers: Operations and Accountability. This order outlines the day-to-day operations and responsibilities of the SDSCs and specifically requires collaboration with a variety of personnel and specialty units within the department, including the Bureau of Detectives, CPIC, ATCs, and district intelligence officers. This is a good example of formal information-sharing protocols and should be replicated for other units that support homicide investigations. Homicide detectives should be aware of this order and the resources 110 National Network for Safe Communities. 2016. Group Violence Prevention: An Implementation Guide. Washington, DC: Office of Community Oriented Policing Services. https://nnscommunities.org/uploads/GVI_Guide_2016.pdf. 111 Ibid. 112 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 91 Internal Coordination available when conducting investigations. Personally contacting those in other support units may also help improve communications. In addition, homicide detectives should routinely seek assistance from officers assigned to the Jail Intelligence Unit. One detective reported that the Jail Intelligence Unit had provided information on several occasions about unsolved homicides. Recommendations: Other Investigative Units ➢ Recommendation #72: The CPD should take steps to improve overall coordination between the homicide detectives and other investigative units, such as those that investigate gang and narcotics cases. There is often overlap between the cases investigated by these units, so improving coordination could help investigators solve current cases and prevent future crimes. o The CPD agencies should institute formal information-sharing protocols among these units. o In addition to formal information-sharing protocols, homicide detectives and investigators in other units should be instructed to informally contact each another and share information on a regular basis through email, telephone calls, and text messages. ➢ Recommendation #73: Homicide detectives should work closely with gang investigators to share intelligence about criminal networks and groups that are involved in violent crime. This includes intelligence gathered through social media analysis, confidential informants, and community contacts. o Homicide detectives should routinely follow up with gang investigators, jail intelligence officers, and district intelligence officers to determine whether they have relevant information on homicide cases. Sharing information helps to identify patterns (including potential next victims) and connections between cases, enabling detectives to better prevent and respond to crime, including potential retaliatory shootings. For example, it is protocol in some agencies for homicide detectives to contact gang unit detectives to respond immediately to the scene of any homicide involving a young victim or suspect. o Following up with other investigative units should be included as a step in the homicide unit investigation checklist (see Recommendation 45). Homicide supervisors should hold detectives accountable for completing this step. 92 Internal Coordination Crime Prevention Information Center The Crime Prevention and Information Center (CPIC) is one of 79 fusion centers in the United States and serves as the primary intelligence unit for the CPD. CPIC operates 24 hours a day, every day of the year, and is staffed by 5-6 officers per shift. CPIC provides executive-level notifications for major incidents and is responsible for notifying Chicago Survivors113 of every homicide. CPIC also creates and disseminates intelligence to other units in the department. For example, if there is a shooting that is potentially gang-related, CPIC conducts a retaliation assessment and prepares an intel report with a profile of the person(s) involved. This report, which is sent to the district commander and area commander, includes the person’s arrest history, warrants, intelligence alerts, and known associates. CPIC also has access to the Police Observation Devices (POD) cameras.114 CPIC is a valuable resource to homicide detectives, but there is a lack of understanding within the Bureau of Detectives about the services that CPIC can provide. As noted in BJA’s best practices guide, “evidence clearly shows that the use of an analyst can significantly support a successful homicide investigation.”115 CPIC staff should provide internal training to detectives to educate them on the capabilities and resources that analysts can provide. It may also be helpful to assign intelligence analysts to specific Detective Areas to support homicide detectives. With modern homicide investigations relying more on social media analysis and other digital evidence, there should be a greater focus on using intelligence analysts throughout a homicide investigation. Recommendations: Crime Prevention Information Center ➢ Recommendation #74: The CPD should take steps to improve coordination between CPIC and homicide detectives to ensure that crime analysis is being fully utilized in homicide investigations. These steps should include: o Revising the Homicide Investigations Manual to include protocols for utilizing crime analysis during homicide investigations. Consulting with CPIC should be included as a step in the homicide unit investigation checklist (see Recommendation 45). Homicide supervisors should hold detectives accountable for completing this step. o Placing intelligence analysts in the Detective Areas to support homicide investigations. 113 Chicago Survivors provides victim services to family members of homicide victims. https://chicagosurvivors.org/ “Police Observation Devices.” Chicago Police Department. https://home.chicagopolice.org/inside-the-cpd/podprogram/ 115 Carter, David L. (2013). Homicide Process Mapping: Best Practices for Increasing Homicide Clearances, Washington, DC: Bureau of Justice Assistance, available at: http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 114 93 Internal Coordination ▪ This may help to facilitate information-sharing about criminal networks and groups that are involved in violent crime. ▪ For example, the intelligence analysts could be responsible for social media and link analysis, while also serving as a direct link to CPIC. o Making homicide detectives aware of how CPIC can contribute to homicide investigations, including CPIC’s capabilities and functions, and the tools that are available. o Holding regular briefings between the Bureau of Detectives, CPIC, and the University of Chicago Crime Lab to share information and discuss new tools and technologies. o Ensuring that the intelligence produced by crime analysts is current, fully analyzed, and operationalized before it is presented to homicide detectives. Crime analysts and their supervisors should seek input from homicide detectives to understand what types of information are most useful for homicide investigations. ➢ Recommendation #75: CPIC should coordinate regular training briefings with homicide detectives as well as other investigative units, in order to educate detectives about the assistance that CPIC can provide and its capabilities, policies, and protocols. o This will help homicide detectives understand how to use the intelligence and analysis services offered by CPIC. Office of Emergency Management and Communications The Office of Emergency Management and Communications (OEMC) is responsible for providing 9-1-1 service to the City of Chicago, as well as call-taking and dispatching services for the city’s police, fire, and emergency medical services. The OEMC personnel interviewed by PERF appeared to be well trained and dedicated to their jobs. However, PERF identified the following areas for improvement with respect to OEMC’s coordination with CPD. First, OEMC staff need more clarification on the notification procedures after patrol responds to homicides and shootings. For example, after a homicide is confirmed by patrol, police dispatchers are required to notify other CPD units (e.g., the appropriate Detective Area and SDSC, CPIC). However, OEMC staff indicated that sometimes it is difficult to obtain all of the information to be shared among various units. Second, the process to request 9-1-1 recordings is inefficient, and the turnaround time for detectives to receive the recording takes as much as 90 days. Requests can be expedited if there is a suspect in custody or there are other extenuating circumstances, but those must be approved by the deputy director of operations. Tapes from homicide calls are not automatically sent to detectives, and detectives do not always request the tapes. To request a recording, detectives 94 Internal Coordination must complete a form and submit it via email or fax. OEMC was in the process of implementing an electronic request form, but it was not operational at the time of PERF’s site visit. Third, detectives do not currently have access to information in OEMC’s Computer Aided Dispatch (CAD) system. Detectives should be able to view this information without submitting a specific request. Recommendations: Office of Emergency Management and Communications ➢ Recommendation #76: The Bureau of Detectives should work with OEMC to improve the process for requesting 9-1-1 recordings, radio transmissions, and CAD information. o The OEMC should expedite the turnaround time for preparing and delivering copies of 9-1-1 recordings for homicides. o Detectives should request these materials for every case, and the information should be documented in the homicide case file. o The OEMC, CPD, and IT staff should work together to provide detectives with the ability (and appropriate permissions) to access CAD data. ➢ Recommendation #77: The CPD should work with the OEMC to review and, if necessary, revise the notification procedures for homicides and shooting incidents. o Leaders from patrol, the Bureau of Detectives, CPIC, and the SDSCs should be included in this process. 95 External Coordination External Coordination Police agencies do not operate in a vacuum. They must build strong relationships with prosecutors, courts, medical examiners’ offices, other law enforcement agencies in the area, and members of the community that they serve. These relationships can improve the investigations of homicides and other crimes. In one study of investigative practices of selected police agencies with a greater than 80 percent clearance rate for homicide, the research suggested that high clearance rates “were facilitated by a strong community policing presence, collaboration with external agencies, and a culture dedicated to innovation.”116 Cook County State’s Attorney’s Office Observations: There is a need for more communication and coordination between homicide detectives and the Cook County State’s Attorney’s Office. There is often tension between the homicide detectives and the State’s Attorney’s Office because, according to detectives, prosecutors within the felony review unit often require a greater amount of evidence before authorizing charges. Successful homicide investigations rely on strong relationships and respect between investigators and prosecutors.117 Studies have shown that a successful relationship between investigators and prosecutors requires delineating clear roles and responsibilities, demonstrating a respect for one another’s expertise, viewing the relationship as reciprocal, and understanding that both organizations are working towards the same goal.118 In Chicago, as in many jurisdictions, the State’s Attorney’s Office has final authority over decisions regarding arrests, especially in homicide cases. In practice, this means that a prosecutor must review and approve a detective’s application for an arrest warrant prior to it being issued. If a prosecutor determines that there is not enough evidence to support the warrant, the prosecutor will instruct the investigator to conduct additional follow-up. In Chicago, this is called a “continuing investigation” or “CI.” From the perspective of some police investigators, giving prosecutors authority over decisions regarding arrests makes it difficult to make arrests in homicide cases, because the prosecutor may require a degree of evidence that exceeds the Fourth Amendment standard of “probable cause” before authorizing an arrest warrant. Some prosecutors have said that when reviewing a case to determine whether an arrest is warranted, they consider whether enough evidence exists to secure a conviction, not just to arrest the suspect. For example, a prosecutor may decide not to authorize a warrant in a case involving just one witness, especially if the witness’s character or willingness to testify is in question because of previous arrests, involvement in criminal activity, or hesitancy to cooperate. 116 Braga, A., and Dusseault, D. (2018), Can Homicide Detectives Improve Homicide Clearance Rates? Crime & Delinquency, 64(3), 290. 117 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 118 Ibid. 96 External Coordination However, many investigators believe that it is easier to secure witness cooperation after a suspect has been arrested, because witnesses are less fearful of retaliation if the suspect is no longer on the streets. These differences in opinion over how much evidence is needed to make an arrest can create tension between homicide detectives and prosecutors. Another obstacle to coordination in many jurisdictions is a lack of informal and formal information-sharing protocols between homicide detectives and prosecutors. For example, although homicide detectives often engage in frequent communication with line prosecutors, there is often a need for stronger communication between supervisors in the homicide unit and the prosecutor’s office. Formal information-sharing will help establish a more productive relationship, set a positive tone for the units, and help supervisors proactively address any problems that arise. Recommendations: Cook County State’s Attorney’s Office ➢ Recommendation #78: Top officials from the CPD, the Bureau of Detectives, and the Cook County State’s Attorney’s Office should strive to maintain a frequent and open dialogue about their goals, capabilities, limitations, and expectations for one another. o Officials should strive to build a strong working relationship, built on respect and reciprocity, and should emphasize the importance of this relationship throughout all levels of their organizations. ➢ Recommendation #79: Leaders from the Bureau of Detectives and the Cook County State’s Attorney’s Office should explore strategies for improving communication and coordination on homicide investigations. o For example, the Bureau of Detectives should consider involving the State’s Attorney’s Office at the beginning of the case in order to strengthen homicide investigations. o The State’s Attorney’s Office should provide cross-training opportunities for homicide detectives and prosecutors. Training topics could include the State’s Attorney’s policies, relevant case law, and how to produce, document, and present evidence in a way that strengthens its value in court. Homicide detectives should be encouraged to attend any relevant trainings that the prosecutor’s office holds for the police department. o Prosecutors and homicide detectives should hold weekly meetings together to promote a positive relationship, facilitate information-sharing, and discuss ongoing cases. Leaders from the Detective Areas may want to request that the prosecutor’s office assign a prosecutor to meet with homicide detectives to review cases and determine what steps must be taken to enhance investigations. 97 External Coordination o When a case is filed, the lead homicide detective should meet with the forensic scientist and a prosecutor to determine which evidence should be sent for analysis, depending on its probative value. ➢ Recommendation #80: The Bureau of Detectives must have clear policies, procedures, manuals, and accountability measures in place to ensure that homicide cases are thoroughly investigated and documented, and to maintain a high standard of quality. ➢ Recommendation #81: The Homicide Investigation Manual should include a specific process to follow when presenting a case to the State’s Attorney’s Office for an arrest warrant. Currently, detectives have very little guidance on this issue, and the process appears to be informal and inconsistent. o The process should include the following general steps: ▪ The detective completes a report that summarizes the investigation and details the probable cause justification. A copy of this report is added to the case file. ▪ The detective reviews the case and the probable cause justification with his or her sergeant and lieutenant. If a reviewing supervisor believes that additional investigation is needed prior to submitting the case to the prosecutor, the supervisor should put the necessary tasks and updated investigative plan in writing. The list should be added to the case file. ▪ After completing all the tasks and again reviewing the case with his or her sergeant or lieutenant, and if they agree that the case is ready, the detective submits it to the prosecutor’s office. ▪ The detective should document all contacts with the prosecutor in an official contact log, which should be made part of the case file. ▪ After submitting the case to the State’s Attorney’s Office, the detective should document the prosecutor’s response, including any follow-up investigative items requested by the prosecutor that must be completed before a warrant is authorized. This document should be added to the case file. ▪ Police supervisors should review whether detectives follow this procedure, and it should be part of a detective’s formal evaluation. Victim and Witness Services Observations: The services available to assist victims and witnesses are insufficient, potentially contributing to a reluctance among victims and witnesses of crimes to cooperate with the police. 98 External Coordination CPD personnel told PERF that CPD did not have a Witness Protection unit or any way to assist witnesses who have been threatened. These personnel advised that if a witness called them and indicated he/she had been threatened, the procedure was to tell the witness to call 911. An officer would respond and take a report that would be investigated a few days later. Detectives do not have any option for getting a witness to a safe place that same day. In order for CPD to gain the trust of the community and the assistance of witnesses, it is imperative that CPD protect those witnesses who have agreed to come forward. Witness Cooperation It is critical that police agencies – including homicide unit personnel – build strong relationships with members of the community. These relationships can help ensure that members of the community feel comfortable coming forward to offer information or otherwise assist with a homicide investigation. Securing cooperation from family members and witnesses often makes the difference between closing a homicide quickly and having the case remain open for an extended period of time. The importance of witness cooperation to solving homicide cases is supported by research, which has found that having a witness at the scene who is willing to provide valuable information is associated with higher rates of case closure.119 BJA’s best practices guide states: “If there is a barrier of distrust that precludes widespread substantive information-gathering, the investigation will be limited.”120 In Chicago, as in many other cities,121 it is often difficult to secure cooperation from members of the community on homicide investigations. Many potential witnesses fear that coming forward will lead to retaliation from others in the neighborhood. People also fear being labeled as a “snitch,” or they have a general distrust of the police. Personnel at all levels of the CPD cited a lack of witness cooperation as one of the primary reasons for uncleared homicides. Because of the “no snitching” culture, it is often difficult to obtain the cooperation of witnesses needed to successfully investigate and prosecute cases. Witness Protection and Relocation Crime witnesses’ willingness to cooperate with detectives and prosecutors sometimes depends on whether they can receive protective services or relocation. The CPD does not provide relocation services. Effective witness protection requires substantial resources, and it appears that neither the CPD nor the State’s Attorney’s Office has such resources. The CPD should work with the State’s Attorney’s Office to determine the most effective approach to providing 119 Wellford & Cronin (1999), Clearing Up Homicide Clearance Rates. https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. 120 Carter, David L. (2013), Homicide Process Mapping: Best Practices for Increasing Homicide Clearances. http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 121 See The Stop Snitching Phenomenon: Breaking the Code of Silence (2009). Police Executive Research Forum and U.S. Department of Justice, Office of Community Oriented Policing Services. https://www.policeforum.org/assets/docs/Free_Online_Documents/Crime/the%20stop%20snitching%20phenomeno n%20-%20breaking%20the%20code%20of%20silence%202009.pdf. 99 External Coordination witnesses with safety measures to encourage cooperation with investigators and prosecutors. Both organizations should research grant funding opportunities to assist with the costs of implementing a robust witness protection program. To expand the services offered to victims, the CPD should consider collaborating with counselors, interns from local universities, and volunteers from nonprofit organizations dedicated to helping survivors of violent crime. Recommendations: Victim and Witness Services ➢ Recommendation #82: The CPD should work with the State’s Attorney’s Office to strengthen protection for those who come forward to provide information regarding a homicide investigation. These services can help address concerns that potential witnesses may have about their safety and the possibility of retaliation. o The CPD should update written policies governing victim/witness services to incorporate added protections for victims/witnesses. o The policies should contain the following: ▪ Request for service information ▪ Legal standards ▪ The CPD’s capabilities and limitations ▪ Protocols and requirements for monitoring witnesses ▪ Standards and process for qualifying a witness for relocation ▪ Duties and responsibilities of officers and supervisors. ➢ Recommendation #83: The CPD should conduct a survey of witnesses, family members, and associates of homicide victims to identify problem areas and determine possible solutions to improving relationships. Finding ways to improve the treatment of witnesses, family members, and associates of homicide victims will increase the likelihood of identifying homicide suspects. ➢ Recommendation #84: Top officials from the CPD and the Cook County State’s Attorney’s Office should strive to maintain a frequent and open dialogue about their goals, capabilities, limitations, and expectations of each another with regard to witness protection. ➢ Recommendation #85: Police agencies should take steps to strengthen services offered to crime victims, and homicide personnel should be closely involved with the agency’s victim advocacy efforts. o Victim advocates can assist detectives in maintaining frequent contact with the family and can be advocates for the detectives, so the family will feel more 100 External Coordination comfortable bringing vital information forward to authorities. When a case is closed with an arrest, the victim advocate can keep the family informed about court proceedings. This will allow the detective to maintain a positive relationship with the family as the case moves through the court system, which is important, because additional information can come from the family after an arrest is made and the case proceeds to prosecution. Continuing this relationship with the family can also be beneficial in new cases that may involve the same family or associates of the family. o One promising approach is to embed a victim advocate or social worker directly in the homicide unit to provide advocacy and assistance to homicide victims’ families and friends. These services can be very valuable to the homicide unit, both in terms of victim advocacy and in freeing up detectives to focus on investigative tasks. ➢ Recommendation #86: The CPD should require all homicide detectives to receive training in death notifications. If possible, the primary detective assigned to the investigation should make the notification to the victim’s family to establish a relationship in the early stages of the investigation. o Although death notifications are emotionally challenging for the detective, this initial contact with the victim’s family creates an opportunity for the detective to develop a strong and consistent relationship with the family that may continue throughout the investigation. o Death notification training should be mandatory for all new homicide detectives, and experienced detectives should mentor new detectives in this area. Community Cooperation Observation: The absence of strong relationships of trust between the CPD and residents in some communities makes it challenging for the CPD to obtain cooperation from the public in solving crimes, including homicides. In October 2016, the CPD created the Community Policing Advisory Panel (CPAP) to develop recommendations “for the Department’s renewed community engagement and collaboration efforts, in order to enhance public safety and restore trust.”122 The CPAP sought community input in developing the recommendations through town halls, online feedback, and focus groups. The recommendations were included in a final report issued by CPAP in October 2017, which outlined a framework for the CPD to improve engagement efforts with the public across seven focus areas: 1. Sustainable relationships of trust between police and community. 2. A strong focus on engagement with the city’s youths. Community Policing Advisory Panel. (2017). Report of the Superintendent’s Community Policing Advisory Panel, https://home.chicagopolice.org/office-of-reform-management/community-policing/. 122 101 External Coordination 3. Standards for community policing initiatives so that these initiatives have clearly defined objectives and contribute to the overall community policing effort. 4. A structure that reinforces community policing in every aspect of policing. 5. Robust community-oriented training for all members of the Department. 6. Effective problem-solving, exercised jointly with the community and other city agencies. 7. Regular evaluation of the quality of community policing throughout the Department.123 As part of the Department’s efforts to implement its community policing strategy and the CPAP’s recommendations, the CPD created a new Office of Community Policing (OCP) within the Superintendent’s office. Additionally, to address the internal challenges at CPD and implement the necessary reforms, the City of Chicago and the State of Illinois entered into a consent decree, which took effect March 1, 2019.124 The CPAP’s recommendations were incorporated into the consent decree.125 Specifically, the CPAP’s recommendations were distilled into 15 projects to be executed by the OCP, each with distinct goals and milestones. As noted in OCP’s 2nd quarter report from 2019, the CPD is making progress on many of these projects.126 To build on these efforts and strengthen the CPD’s relationship with the community, the OCP should continue to work towards implementing the recommendations and accomplishing the goals identified for each project. The CPD has developed productive relationships with community groups such as the Chicago Survivors. Those relationships must be nurtured and expanded. In particular, the CPD should work with the Chicago Survivors to improve communications with crime victims’ families and members of the community. The Chicago Survivors can provide training to detectives on how to effectively interact with victims’ families. Homicide detectives also should meet with victims’ families on a monthly basis for the first year of an investigation. Recommendations: Community Cooperation ➢ Recommendation #87: The CPD should continue to implement the CPAP’s recommendations for strengthening department-wide community engagement and rebuilding trust with the public. Homicide personnel should be involved in the CPD’s efforts to improve the relationship between the police and the community. o Strengthening the community’s trust in police is a key step towards increasing the willingness of community members to cooperate with police investigations.127 123 Chicago Police Department Office of Community Policing. (2019). Quarterly Report for the Community Policing Advisory Panel, 2nd Quarter 2019, https://home.chicagopolice.org/office-of-reform-management/communitypolicing/. 124 State of Illinois vs. City of Chicago, Case No. 17-cv-6260. 2019. 125 State of Illinois vs. City of Chicago, Case No. 17-cv-6260. 2019. Page 4. 126 Chicago Police Department Office of Community Policing. (2019). Quarterly Report for the Community Policing Advisory Panel, 2nd Quarter 2019, https://home.chicagopolice.org/office-of-reform-management/communitypolicing/. 127 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 102 External Coordination o The OCP should continue to publish quarterly reports documenting the progress made on each of the 15 projects outlined by the CPAP. ➢ Recommendation #88: The CPD should work with Chicago Survivors to improve communication with victims’ families and members of the community. Possible strategies include: o Develop an MOU with the Chicago Survivors to improve communication and coordination with victims’ families. o Work with the Chicago Survivors to develop training for detectives on how to effectively interact with victims’ families and members of the community. ▪ Chicago Survivors provides two hours of training as part of the “Lead Homicide Investigator (LHI)” course that includes important community interaction training for detectives. This training should be mandated for all current and new detectives. Supervisors should emphasize that the curriculum covers a number of topics that will assist detectives with forming more productive connections with victims’ families, so that detectives will be receptive to the training. o Meet with victims’ families on a monthly basis for the first year of an investigation. Cook County Medical Examiner Observation: Detectives assigned to the Medical Examiner’s Office often prepare their own forensic body exam chart in addition to the chart prepared by the forensic pathologist, which may lead to discrepancies or inconsistencies. To avoid any potential confusion, leaders from the Bureau of Detectives and the Medical Examiner’s Office should develop clear policies and procedures on the role and responsibilities of detectives assigned to the Medical Examiner’s Office. Recommendations: Cook County Medical Examiner ➢ Recommendation #89: The Bureau of Detectives should work with the Medical Examiner’s Office to develop clear policies and procedures on the role and responsibilities of detectives assigned to the Medical Examiner’s Office. o When developing these protocols, agency leaders should solicit input from homicide detectives, Forensic Services personnel, and Medical Examiner staff. 103 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations The Chicago Police Department “is committed to protect the lives, property, and rights of all people, to maintain order, and to enforce the law impartially.”128 At the core of this mission is the idea that protecting human life is paramount. The clearance rate is important indicator of police effectiveness. When homicide cases go unsolved, it can diminish the public’s confidence in the police. What the Research Tells Us Dr. Charles Wellford, Professor Emeritus at the University of Maryland and one of the leading criminologists in the United States on issues of homicide and violent crime, served as a consultant on a major project that PERF conducted with BJA on homicide investigations. Following is what Dr. Wellford said about factors that separate police departments with high homicide clearance rates from agencies with low clearance rates: What do we know from the research on improving homicide clearance rates? …One of the key messages from the research is that if a police agency wants to prioritize clearing homicides, it needs to look internally, not externally. In other words, Dr. Wellford explained, high clearance rates are more a function of “the things that police do – how they conduct the investigation, the steps they took during the process, the quality of their homicide units,” as opposed to external factors, such as differences in the types of homicides that are committed in one city compared to another, such as drug-related homicides vs. domestic violence homicides.129 In July 2019, Dr. Wellford published the results of a research project he led that simultaneously examined many of the factors related to homicide investigations, producing conclusions as to what are the most significant issues related to homicide clearance. Professor Wellford’s team worked with eight police agencies, conducted more than 150 interviews, and reviewed more than 240 homicide cases to provide a comprehensive look what works in homicide clearance. The findings confirm that the level of detectives’ effort during investigations, and the agency’s culture, can influence the homicide clearance rate, even after accounting for alternative explanations of case closure. 128 Chicago Police Department mission statement: https://www.chicago.gov/city/en/depts/cpd/auto_generated/cpd_mission.html. 129 Promising Strategies for Strengthening Homicide Investigations (2018). PERF and the U.S. Department of Justice, Bureau of Justice Assistance. Pp. 17-18. https://www.bja.gov/Publications/promising-strategies-forstrengthening-homicide-investigations.pdf 104 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations More specifically, getting witnesses to cooperate and having more agency employees at the scene of a homicide (including investigative supervisors) can drastically increase the odds that the case will be cleared, independent of any other factors of the investigation. Additional factors that can improve the likelihood of a case being closed include: • • • • Good communication between homicide units and other investigative/patrol units, Clear performance metrics, Specific investigative training for detectives, and Structured supervisor oversight. Finally, agencies with multiple best practices in place experience a “force multiplier” effect which can further increase clearance rates with greater efficiency, which can lead to investigative improvements, Dr. Wellford found.130 Applying the Research in Chicago With Dr. Wellford’s research findings in mind, PERF conducted an analysis of the homicide investigation policies and practices of the Chicago Police Department. Following are some of the major points detailed in this report: Organization and Staffing: The CPD should revise its organizational structure to create a specific “Homicide Unit” within the Bureau of Detectives. Homicide detectives should be assigned to separate and distinct squads responsible for responding to and investigating only homicides. Each of those squads should be supervised by a sergeant, and a lieutenant should oversee several squads. The shift schedules should also be designed in a way that promotes an even and fair distribution of cases, and the lead detective on a case should retain his or her cases throughout the investigation. Leadership and accountability: The CPD’s Bureau of Detectives needs better systems and infrastructure to provide proper guidance and supervision for those involved in homicide investigations. The CPD therefore must make operational and organizational changes to reduce the number of homicides and increase the clearance rate. In practice, this means that the Bureau of Detectives must update its policies to reflect best investigative practices, implement thorough investigative plans and supervisory case reviews, and hold personnel accountable through rigorous selection and evaluation processes. Implementing formal case review and improving the standards for case file organization could significantly increase the clearance rate. Without these tools, most of the other recommendations in this report will be difficult to implement. Resources: The CPD’s Bureau of Detectives face many challenges with respect to resources. Detectives need essential tools, equipment, and technology to meet the needs of a highCriminology and Public Policy. “Clearing homicides: Role of organizational, case, and investigative dimensions.” https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12449 130 105 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations performing homicide unit, including vehicles, radios, and individual workstations. The CPD’s recent decision to equip detectives with mobile phones is a major, basic step forward that will allow detectives to communicate with witnesses, family members of victims, other CPD personnel, and others. These tools would greatly assist detectives in performing their jobs and would increase productivity. Nonfatal shootings: Gun violence is a significant problem in Chicago—there are more than four times as many nonfatal shootings as fatal shootings in the city, and firearms are used in the vast majority of homicides. What often separates a nonfatal shooting from a fatal shooting is poor marksmanship, good emergency medical care, or just pure chance. Because the two types of cases often overlap in terms of victims, witnesses, and suspects, it is critical that the CPD thoroughly investigate nonfatal shootings as a way to prevent the next homicide or retaliatory shooting. Digital evidence: It is also important to note the rapidly increasing role of digital evidence in conducting homicide investigations. The modern homicide investigator must be an “information manager who can coordinate and integrate information from a wide range of sources to drive the investigation forward.”131 While CPD has made great strides in its ability to process and analyze digital evidence, the department needs to establish policies and procedures to guide detectives in using available resources. Many of today’s homicide investigations rely on the analysis of digital evidence contained in smartphones, computers, social media accounts, and video footage from security cameras. For example, a smartphone belonging to a homicide victim or suspect can provide a wealth of information about the location of the suspect at the time of the homicide; the emails, texts, or other messages the suspect or the victim was sending prior to the crime; the names and contact information for many or all of the victim’s or suspect’s friends and associates; the victim’s or suspect’s activities and favorite places to socialize, etc. Organizations and units that process and analyze digital evidence must be well-staffed, thoroughly trained, and equipped with the technology they need to perform their duties. Homicide investigators must also understand the capabilities, limitations, and legal requirements for collecting digital evidence. Crime analysis: In addition, advances in crime analysis are allowing investigators to better identify crime patterns, draw links between people involved in crimes, and build strong cases against suspects. These new investigative techniques require detectives to possess a different set of skills than in the past. Steps the CPD Can Take Immediately Many of the recommendations included in this report will require long-term planning, funding, and implementation. However, there are steps that the CPD can take now to address the most 131 Carter, David L. (2013), http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. 106 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations significant observations and immediately strengthen its homicide investigation processes. These observations and recommendations include the following: • Homicide Investigation Standard Operating Procedures: The existing policies and procedures governing homicide investigations do not provide meaningful guidance or accountability. o Recommendation: Revise the SOPs governing homicide investigations to include standard policies and protocols that personnel must follow, including a standard investigative checklist, investigative plan, and supervisory case review process. (See Recommendations 9-12.) o Recommendation: Create a homicide investigations team to provide input on policy development, share ideas for implementing these recommendations, and discuss strategies and next steps. Members of the team should include leaders from other CPD units that are involved in homicide investigations (e.g., Detective Area commanders, Division of Forensic Services), as well as representatives from the Cook County State’s Attorney’s Office. (See Recommendation 13.) • Case planning and review: PERF found no formal case planning or review system to ensure that cases are being thoroughly and effectively investigated. There must be systems in place to provide guidance and supervision for those involved in homicide investigations. CPD detectives also do not routinely develop a formal investigative plan when beginning a homicide case. o Recommendation: Develop a formal case planning and review process and hold supervisors accountable for performing supervisory case reviews. Update the SOPs to reflect promising investigative practices and require thorough investigative plans and supervisory case reviews. (See Recommendations 40-41.) • Case Documentation and Organization: Some of the case files that PERF reviewed had limited documentation regarding investigative follow-up work. Documents were misfiled or missing, and many leads were unaddressed. The case files did not reflect evidence of an investigative plan or formal case review. o Recommendation: Develop a case file index and standard forms to include in the homicide case file, including an investigative plan and a case checklist. The Bureau of Detectives should also consider developing a case file organization guide to provide uniformity within the unit. (See Recommendations 45-46.) • Detective supervision and evaluation: Detectives and supervisors are evaluated yearly, but the mechanism does not effectively assess investigative performance. The lack of supervision and absence of a thorough performance evaluation prevents unit leaders from documenting poor performance and holding detectives and supervisors accountable. It also prevents supervisors from identifying and rewarding superior performance. 107 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations o Recommendation: The Bureau of Detectives should develop an evaluation system that specifically assesses each detective’s performance in conducting homicide investigations. The Bureau of Detectives should develop a similar form to assess each sergeant’s performance. (See Recommendations 42-44.) • The response to nonfatal shootings: The CPD needs a better defined strategy for investigating nonfatal shootings as a way to prevent retaliatory shootings and homicides. o Recommendation: Thoroughly investigating nonfatal shootings may help to prevent the next homicide or retaliatory shooting. The CPD must ensure that units responsible for investigating homicides and nonfatal shootings have the staffing, training, and equipment necessary to respond to and thoroughly investigate each incident. Detectives should coordinate with the appropriate SDSC and District Intelligence Officer as part of their investigation. The CPD should also work with the Cook County State’s Attorney’s Office and U.S. Attorney’s Office to develop a strategy to ensure that gun offenders are consistently prosecuted for violations. (See Recommendations 15-20.) • Processing digital evidence: Digital evidence services in the CPD are decentralized and detectives do not have clear guidance on the resources available to process and analyze digital evidence. o Recommendation: Homicide detectives are increasingly relying on digital evidence as part of their investigations. With several different units and organizations responsible for the recovery and analysis of digital evidence, the CPD must develop clear policies and procedures to help guide investigators. Homicide detectives should receive training to understand the legal and technical issues surrounding collection, extraction, and analysis of digital evidence, notably the recovery and analysis of cell phone and video evidence. (See Recommendations 62-64.) • Collaboration with the District Attorney’s Office: There is a need for more communication and coordination between the CPD and the Cook County State’s Attorney’s Office. o Recommendation: Leaders from the Bureau of Detectives and the Cook County State’s Attorney’s Office should explore strategies for improving collaboration between the two organizations, especially regarding the felony review process. For example, prosecutors should become involved in the case at the beginning of the investigation. Both agencies can provide cross-training for detectives and prosecutors and should meet weekly to promote a positive relationship, facilitate information-sharing, and discuss ongoing cases. (See Recommendations 77-80.) • Encouraging witness cooperation: There is a significant disconnect between the CPD and the community, which contributes to a lack of witness cooperation. 108 Conclusion: What the Chicago Police Department Can Do Immediately to Improve Homicide Investigations o Recommendation: The CPD should work with the Chicago Survivors to train detectives on how to effectively interact with victims’ families and members of the community. Detectives should meet with victims’ families monthly for the first year of an investigation. (See Recommendations 86-87.) PERF, with support from BJA, is committed to providing ongoing technical assistance to help the CPD implement the recommendations contained in this report. As part of this effort, PERF can provide the CPD with sample policies from other police agencies and can help the department identify additional resources regarding investigative best practices. PERF also can establish a group of experts experienced in a cross-section of investigative techniques who can provide the CPD with training and technical assistance. And PERF can connect the CPD with other police agencies that can provide peer-to-peer assistance. The CPD is beginning to implement the necessary steps to demonstrate to the community that preventing and solving homicides are top priorities for the department. Participating in this project is a major first step toward this goal. The CPD should build upon these efforts by ensuring that its personnel have the resources, guidance, and support they need to conduct thorough homicide investigations and serve the City of Chicago. 109 Appendix A: Chicago Police Department Homicide Assessment Project Team Appendix A: Chicago Police Department Homicide Assessment Project Team George Kucik Independent Consultant Former Deputy Chief, Metropolitan Police Department, Washington D.C. Lisa Mantel Senior Research Assistant Police Executive Research Forum Ronal W. Serpas, Ph.D. Professor of Practice Criminology and Justice – Loyola University New Orleans Former Police Chief - New Orleans, Nashville, Washington State Patrol John Skaggs Independent Consultant Former Homicide Detective, Los Angeles Police Department Jessica Toliver Director, Technical Assistance Division Police Executive Research Forum Chuck Wexler, Ph.D. Executive Director Police Executive Research Forum For the Bureau of Justice Assistance Kristen Mahoney Deputy Director for Policy Bureau of Justice Assistance Cornelia Sorenson Sigworth Associate Deputy Director, Law Enforcement and Adjudication Bureau of Justice Assistance Tammy M. Brown Senior Policy Advisor Bureau of Justice Assistance 110 Appendix B: Sample Policies and Procedures Appendix B: Sample Policies and Procedures PERF can provide sample policies, procedures, and other guidance to assist the Chicago Police Department in developing a thorough and substantive Homicide Investigation Manual. These include: • • • • • • • Sample Homicide Unit SOPs Homicide response checklists o Crime scene log o Crime scene checklist o Patrol supervisor checklist Homicide case file checklists o Initial response checklist o Supervisory review checklist Homicide detective orientation and training checklist Training requirements for new homicide detectives Case file organization guides Sample performance evaluation forms 111 Appendix C: Homicide Investigations Manual Master Index Appendix C: Homicide Investigations Manual Master Index Below is a suggested index for CPD to use when developing the Homicide Investigations Manual. This index can be modified to serve as the manual’s table of contents. SUBJECT TAB Master Index INDEX Mission, Goals, and Objectives A Investigator and Supervisor Selection Process B Duty Hours and Dress C Duties and Responsibilities D Training Requirements E Organizational Chart F Detective and Supervisor Evaluations G Case Assignment Procedures SOP 1 Supervisory Case Review SOP 2 Case Inception (e.g., 911, patrol) SOP 3 Crime Scene Preservation SOP 4 Response to Homicide Scenes SOP 5 Investigation of Major Homicides (including Homicide Procedural Checklist) SOP 6 Follow-Up Investigations SOP 7 Case Documentation / Electronic Case Management SOP 8 Active Case Status Reporting Schedule SOP 9 Interviewing and Interrogation of Suspects / Witnesses SOP 10 Evidence Collection and Analysis SOP 11 Arrest Warrant Procedures SOP 12 Preparing and Presenting Case to CCSAO SOP 13 Cold Case Investigations SOP 14 Victim / Witness Services SOP 15 112 Appendix D: Recommended Training for Detectives Appendix D: Recommended Training for Detectives Training Basic Investigations Death Investigations Training Provider CPD Education & Training Division / Investigative Development Group External training provider132 Lead Homicide Investigator (LHI) Illinois Law Enforcement Training and Standards Board / CPD Investigative Development Group Interviewing and Interrogation Advanced Interviewing and Interrogation Child Death Investigations External training provider External training provider Kidnapping External training provider Investigative Policies and Procedures CPD Education & Training Division / Investigative Development Group Internal CPD expert from each resource/division Investigative Support Tools (e.g., CPD resources such as CPIC; ATCs; SDSCs; 911) Case Documentation / Electronic Case Filing Forensics and Evidence Collection Advanced Forensics and Evidence Collection Felony Review Process (i.e., How to Prepare and Present Cases to CCSAO) Computer and Cell Phone Forensics External training provider CPD Education & Training Division / Investigative Development Group CPD Forensic Services Division CPD Forensic Services Division Cook County State’s Attorney’s Office Felony Review Team Attorneys Internal CPD expert (e.g., ATC supervisor / officer; RCFL) 132 Frequency of Training Upon promotion to detective Upon assignment as a homicide detective Upon initial assignment as a homicide detective and 32 hours of LHI-approved inservice training every 4 years thereafter133 Upon promotion to detective Upon assignment as a homicide detective Within first year of assignment as a homicide detective Within first year of assignment as a homicide detective Upon promotion to detective and yearly refresher training Upon promotion to detective and yearly refresher training Upon promotion to detective Upon promotion to detective and yearly refresher training Within first year of assignment as a homicide detective and yearly refresher training Upon promotion to detective Upon promotion to detective and yearly refresher training For example, the International Homicide Investigators Association offers a 40-hour Basic Homicide Investigators Course: https://ihia.org/Regional-Training. 133 Required by Illinois Statute, 50 ILCS 705/10.11, https://www.ptb.illinois.gov/. 113 Appendix D: Recommended Training for Detectives Training Advanced Computer and Cell Phone Forensics Training Provider Internal CPD expert (e.g., ATC supervisor / officer; RCFL) Conducting Bias-Free Investigations Updates on Legal Requirements for Searches and Seizures Mass Casualty Investigations External training provider Cook County State’s Attorney’s Office External training provider 114 Frequency of Training Within first year of assignment as a homicide detective and yearly refresher training Upon promotion to detective and yearly refresher training Within first year of assignment as a homicide detective and yearly refresher training Within first year of assignment as a homicide detective Appendix E: References and Resources Appendix E: References and Resources Braga, A., and Dusseault, D. (2018). Can Homicide Detectives Improve Homicide Clearance Rates? Crime & Delinquency, 64 (3): 290. Carter, David L. (2013). Homicide Process Mapping: Best Practices for Increasing Homicide Clearances, Washington, DC: Bureau of Justice Assistance, available at: http://www.iir.com/Documents/Homicide_Process_Mapping_September_email.pdf. Cronin, James M., Gerard R. Murphy, Lisa L. Spahr, et al. (2007). Promoting Effective Homicide Investigations, Washington, DC: The U.S. Department of Justice’s Office of Community Oriented Policing Services and the Police Executive Research Forum, available at http://www.policeforum.org/assets/docs/Free_Online_Documents/Homicide/promoting%20effec tive%20homicide%20investigations%202007.pdf. Davis, Robert C., Carl Jensen, and Karin E. Kitchens (2011). Cold-Case Investigations: An Analysis of Current Practices and Factors Associated with Successful Outcomes, Washington, DC: RAND Corporation & the National Institute of Justice, available at http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/RAND_TR948.pdf . Goodison, Sean E., Robert C. Davis, and Brian A. Jackson (2015). Digital Evidence and the U.S. Criminal Justice System: Identifying Technology and Other Needs to More Effectively Acquire and Utilize Digital Evidence, Washington, DC: RAND Corporation, the Police Executive Research Forum, RTI International, and the University of Denver, available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR800/RR890/RAND_RR890.pdf. International Association of Chiefs of Police (2013). 10 Things Law Enforcement Executives Can Do To Positively Impact Homicide Investigation Outcomes, Washington, DC: Bureau of Justice Assistance, available at http://www.iir.com/Documents/IACP_Homicide_Guide.pdf. McGloin, Jean Marie & David Kirk (2010). An Overview of Social Network Analysis, Journal of Criminal Justice Education 21 (2): 169-181. National Academy of Sciences (2014). Identifying the Culprit: Assessing Eyewitness Identification, Washington, DC: The National Academies Press. www.nap.edu. National Clearinghouse for Science, Technology and the Law at Stetson University College of Law, NIJ/DOJ Resources, available at http://www.ncstl.org/education/Cold%20Case%20NIJ%20Resources. National Institute of Health and National Institute of Standards and Technology, The Biological Evidence Preservation Handbook. 2013. http://dx.doi.org/10.6028/NIST.IR.7928. National Network for Safe Communities at John Jay College, https://nnscommunities.org/ourwork/innovation/social-network-analysis. 115 Appendix E: References and Resources Papachristos, Andrew V., David Hureau, and Anthony A. Braga (2013). The Corner and the Crew: The Influence of Geography and Social Networks on Gang Violence, American Sociological Review, v.78 n3: 417-447. Police Executive Research Forum (2013). A National Survey of Eyewitness Identification Procedures in Law Enforcement Agencies. Available at: https://www.policeforum.org/assets/docs/Free_Online_Documents/Eyewitness_Identification/a% 20national%20survey%20of%20eyewitness%20identification%20procedures%20in%20law%20 enforcement%20agencies%202013.pdf. Police Executive Research Forum (2018). The Changing Nature of Crime and Criminal Investigations, Washington, D.C. Available at http://www.policeforum.org/assets/ChangingNatureofCrime.pdf. Police Executive Research Forum (2009). The Stop Snitching Phenomenon: Breaking the Code of Silence. Washington, DC: Office of Community Oriented Policing Services, http://www.policeforum.org/assets/docs/Free_Online_Documents/Crime/the%20stop%20snitchi ng%20phenomenon%20-%20breaking%20the%20code%20of%20silence%202009.pdf. Wellford, Charles and James Cronin (2000). Clearing Up Homicide Clearance Rates, National Institute of Justice Journal, available at https://www.ncjrs.gov/pdffiles1/jr000243b.pdf. See also the full report for a more comprehensive look at this study: An Analysis of Variables Affecting the Clearance of Homicides: A Multistate Study (October 1999), available at: http://www.jrsa.org/pubs/reports/homicides_report.pdf. William King, William Wells, Charles Katz, Edward Maguire, and James Frank (2013). Opening the Black Box of NIBN: A Descriptive Process and Outcome Evaluation of the Use of NIBIN and its Effects on Criminal Investigations, Final Report. https://www.ncjrs.gov/pdffiles1/nij/grants/243875.pdf. 116