GENERAL ADMINISTRATIVE ORDER NO. 2015-04 CHICAGO PROSTITUTION AND TRAFFICKING INTERVENTION COURT PROGRAM


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
GENERAL ADMINISTRATIVE ORDER NO.:  2015  - 04 
SUBJECT:  CHICAGO PROSTITUTION AND TRAFFICKING INTERVENTION COURT PROGRAM

WHEREAS, effective, June 1, 2015, the Cook County State’s Attorney’s Office will implement the Chicago Prostitution and Trafficking Intervention Court program (Program);

WHEREAS, the Circuit Court of Cook County will facilitate and participate in this Program; and

WHEREAS, to qualify for acceptance into the  Program, a person must be charged by way of complaint in the court’s First Municipal District with a misdemeanor violation of one of the following statutes:

                        Prostitution, 720 ILCS 5/11-14, or

                        Pedestrian Soliciting Rides, 625 ILCS 5/11- 1006 (a or b);

IT IS HEREBY ORDERED:

1.     1. Cases of persons charged with a violation of these statutes on or after June 1, 2015, will be directed by the arresting agency to the First Municipal District, Branch 46, Call 4, 555 West Harrison Street, Chicago, IL.   Persons so charged will then be evaluated by the state’s attorney for eligibility to participate in the Program.  Each eligible defendant shall enter into an oral agreement with the state’s attorney to participate in the Program. 

a.  Upon the agreement between defendant and the state’s attorney, the defendant will be screened by members of a resource agency to determine which services to make available to the defendant.  At the initial hearing, if the defendant has been accepted into the Program and the court approves, the case will be continued to a date determined by the state’s attorney and the court. 

b.  Further prosecution of said case by the state’s attorney will be deferred, pending confirmation of successful completion of all conditions determined by the screening agency and the court. 

2.    2.  The state’s attorney shall advise the court of the defendant’s status at the next scheduled court date or by a date set by motion. 

a.  At that time, the state’s attorney shall determine whether the defendant is still eligible for the Program, whether additional services are needed, and whether the defendant is eligible to remain in the program with modifications to the agreement. 

b.  If additional services or modifications are needed, the defendant will be so advised, and the matter will be continued to a date determined by the state’s attorney and the court.  

c.  If the defendant successfully completes the Program and all conditions of the agreement, the state’s attorney shall advise the court on the next court date and nolle prosequi all charges against the defendant.

3.     3.  If any of the following criteria are applicable, the state’s attorney shall resume prosecution of the initial charge(s):

a.       The defendant does not qualify for the Program;

b.      The defendant does not agree to the proposed terms required for participation in the Program;

c.       The court, in the exercise of its judicial discretion, decides not to approve the parties’ agreement; or

d.      The defendant is deemed ineligible to continue with the Program after a violation of the agreement.

4.     4. Nothing in this order shall be interpreted to limit the court’s discretion to accept a plea of guilty to the charge(s) or a negotiate plea of guilty.

5.      5. If the state’s attorney resumes prosecution of the initial charge(s), due to one or more of the factors set forth above, the case shall remain on Call 4 at Branch 46 and be prosecuted in the same manner as other misdemeanors on that call. If the court requires attendance by the complainant and the complainant is a peace officer, the court shall transfer the case to be heard at a date, place, courtroom, and time of the peace officer’s regular court schedule.

6.      6. The state’s attorney shall make and maintain records of quantitative and qualitative data associated with the functions and outcomes of the court. Said records shall be for the use of the court and state’s attorney for the purpose of evaluating the Program and shall omit personal identity information.  Said records shall include, but not be limited to:

a.   number of persons referred to the Program by arresting agencies;

b.   number of persons evaluated by the state’s attorney and

1)                  found eligible to participate in and enrolled in the Program;

2)                  found eligible to participate in and not accepted into the Program;

3)                  found eligible to participate in the Program and decline to participate; or

4)                  found ineligible to participate in the Program.

c.  number of persons referred to services, by service type (individual/group counseling, HIV testing, legal services, drug treatment, medical services, etc.), or other resource, and the number who fail to complete or successfully complete the referrals, by service type, program, other resource, and name of service provider;

d.  number of persons who violate terms of the Program; by

1)                  new misdemeanor arrest;

2)                  new felony arrest; or

3)                  technical violation of or non-compliance with Program or court requirements.

e.   number of persons terminated from the Program as unsuccessful participants due to

1)                  failure to comply with Program or court requirements;

2)                  receiving an offer of an “alternative sentence;” or

3)                  resumption of prosecution of the original charges.

f.    number of persons successfully diverted from prosecution by

1)                  successful completion of Program and court requirements; or

2)                  receiving an “alternative sentence.”

g.    number of persons identified as victims of human trafficking;

h.    number of cases resolved, by disposition type (with/without a criminal conviction, jail/non-jail disposition, etc.); and

i.     number of persons engaged in services post-completion, by name of provider.

Dated this 29th day of May, 2015. This Order shall be spread upon the records of this Court and published.


ENTERED:

Timothy C. Evans
Chief Judge
Circuit Court of Cook County

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