VOLUNTEER ORIENTATION

1. VOLUNTEER ORIENTATION

2. Agenda • FDLA’s Operations • A Client’s Legal Rights • The Visit: Broken Down • Special Issues • Q & A

3. FDLA History • Since 1995, FDLA has operated a 24-hour police custody hotline • The hotline was started by criminal and civil rights attorneys who saw indigent suspects’ cases compromised by confessions and lack of access to counsel during the interrogation process

4. FDLA Today • Today FDLA is comprised of two sides, the Street Law Team and the Hotline Team • The Hotline is currently staffed by Staff Attorneys, VISTA Attorneys, and you, with help from the public defender’s office. • Without support from our volunteers, most hotline hours would fall to a handful of staff attorneys.

5. Benefits of Volunteering • Unique Legal Experience • Attorney Referrals • Flexible Scheduling • Work Remotely • Contribute to the movement for police accountability • Protect vulnerable persons from coercive police tactics

6. What Happens When Arrestees DON’T Have Access to an Attorney

7. False Confessions • Nearly 1 in 4 of the nation’s recorded false confessions come from Cook County • Almost 1 in 3 U.S. convictions overturned due to DNA evidence involved a false confession • Many of these confessions are products of long interrogations where the accused is alone with police and repeatedly told evidence supports their guilt

8. Reasons for False Confessions • Duress • Coercion • Intoxication • Diminished Capacity • Mental Impairment • Youth • Ignorance of the Law • Fear of Violence • The Actual Infliction of Harm • Jon Burge • The Threat of a Harsh Sentence • Misunderstanding the Situation

9. Why FDLA? • The first 48-72 hours in custody are critical • Police coercive tactics • False confessions • Lack of information given to arrestee by the police • Lack of transparency in the investigative process • Other constitutional rights violations

10. Why FDLA?

11. Volunteer Shift • Hotline operates 2/7/365, including holidays • The ask: one 4-hour shift/month; 48 hours notice • Public Defender covers M-F, 8am-4pm, and most countywide calls via 844-817-4448 • Calls transferred from hotline to your personal cell phone • Number is only shared internally • You can block your number with prefix *67 • Always a back-up attorney on-call for questions

12. We Have Your Back • It is always appropriate to call your supervising attorney with questions or issues during your shift • You might contact your supervising attorney if: • Your car breaks down on the way to a station visit • Multiple calls come in one after the other • You encounter police resistance and want guidance • You have questions about FDLA procedure • You have other questions about station protocol • You need to share status of a client still under investigation.

13. Client’s Rights While in Custody

14. 725 ILCS 5/103-4: Right to An Attorney • Accused is guaranteed the right to consult with a licensed attorney in private • People v. McCauley: Attorneys at the station must be allowed access to client. • Client does not need to know/request the Attorney. • Police must notify client (See CPD General Order 06-01-04: Arrestee & In-Custody Communications ) • People v. Chapman: Attorney must be “physically present” and “immediately available”

15. General Administrative OrderNo. 2017-01 • Chief Judge Timothy Evans’ March 2017 Order • “…when an arrestee or other person not represented by counsel is held in police custody and requests court-appointed legal representation… [the Public Defender or FDLA] shall be deemed appointed by the court as defense counsel…”

16. 725 ILCS 5/ 103-3: Right to communicate with attorney and family • “a reasonable number of telephone calls… within a reasonable time” • Law v. Reality - Most calls to the hotline come from friends or family. • Right to communicate is renewed at potential new place of custody

17. STEP BY STEP GUIDE TO ADVOCATING FOR INDIVIDUALS HELD IN POLICE CUSTODY

18. Step 1: Taking the Call

19. Taking the Calls • When taking the initial call, you need to get the following pieces of information: • The caller’s name • The caller’s call back number • The caller’s relation to the client • The client’s name and correct spelling • The client’s age or date of birth • Where the client is in custody or the area of arrest and the timing of the arrest

20. Step 2: Locating the Client • Chicago is split into 22 Police Districts and three Police Detective Areas • Suspects are normally taken to nearest District except in the case of certain felonies • Be prepared with the correct spelling of the client’s name and date of birth or age. • Even if caller has a good reason to believe client is at a particular station, verify first

21. Step 2: Locating the Client: Checklist • Call District where caller believes client is held • Call nearby police Districts and Detective Areas • Call Central Booking – (312) 745-5202 • Call nearby hospital emergency rooms • Call 24-Hour Desk at Homan Square – (312) 746-7510 • If client is juvenile arrested in 002, 007, 008, 009, 010, or 021, call Juvenile Intervention and Support Center – (312) 747-3934 • If you run into issues, call your supervising attorney

22. Step 3: Is a Station Visit Necessary: Priorities • 1st Priority: Felony investigation, juvenile or adult; also, medical emergencies • 2nd Priority: Juvenile in custody • 3rd Priority: Adult, already charged, and injured in custody or not receiving medical evaluation or treatment • 4th Priority: Adult already charged • Station visits for Juveniles are always necessary.

23. Step 3: Is a Station Visit Necessary: Final Notes • For Adults, if they are going to be released on I-Bond in an hour, a station visit is not necessary • If you are told a client is I-Bonding out, call back after the hour to ensure client was released

24. Step 4: What to Bring: The Basics • What to bring to the station: • Driver’s license • ARDC/711 license • Volunteer manual supplement • Pens • Call sheet or paper for note-taking • FDLA card • FDLA Declaration of Rights (DOR) Forms • Watch (not cell phone) to check and record time • Do not bring your phone back to see clients

25. Step 4: What to Bring: The Call Sheet

28. Step 5: The Visit: Notetaking • Log time of each occurrence • Log the name and badge number of every officer you speak to • Log all significant events

29. Step 5: The Visit—Primary Types • Misdemeanor/Some Felony: CPD District Station • Most Felony: Police Area Headquarters • Juvenile/Medical visit: JISC/Hospital

30. Step 5: The Visit—Misdemeanors • The officer will book the suspect • The suspect’s fingerprints are run through the system • An I-bond may be issued if prints clear • “Verified Gang member” status • No I-Bonds granted • Note this on call sheet • May be offered a Cash Bond

31. Step 5: The Visit—Felonies • Most felonies at Detective Areas • Lower level felonies at Districts • Investigation can include: • Client interrogation, witness interviews, line-ups, a search for physical evidence, line-ups & photo identifications • Detectives have 48-72 hours to charge an adult suspect • If they exceed this time, call your supervising attorney • Ask detectives to read your client their rights on video and record client using Magic Words

32. Step 5: The Visit—Felony Review • For higher level felonies, Detectives will have to call the State’s Attorney’s Office to approve the charges • The ASA will often also interview the suspect themselves • In rare cases, police override Felony Review

33. Step 5: The Visit—Check-in • When you arrive, check in with the Desk Sergeant (District/Misdemeanor) or Detective (Area/Felony) • If visiting a client at a Detective Area, ask an Officer to call upstairs to Detectives. • Give credentials and ID and they will fill out visitation form. • Ask the Detective or Sergeant what charges the client is facing, whether they have been approved, and whether the client is being released on an I-Bond. • Ask the Detective whether they interviewed the client, are looking for witnesses, or have called Felony Review.

34. Step 5: The Visit—711 Addendum • Send back 711 Consent Form with Attorney Visitation Form • Get consent before interview • Client must sign form before interview proceeds

35. Step 5: The Visit—What to say • Explain who contacted you to ease into conversation • Explain scope of representation—only in CPD Custody • Do not discuss details of client’s case • Possible questions: • “What time were you arrested?” • “Are you hurt?” (If so, fill out injury log.) • “Have you eaten?” • “Did you give a statement or answer any questions?” • “Did they give you access to the phone? When?” • “Is it okay if I talk to your friends/family about this, and is there anything you want me to tell them?”

36. Step 5: The Visit—Magic Words • To any questions by police, arrestees should say: • “I will not talk.” • “I want my lawyer.” • Role-play this scenario with your client • (This does not mean someone cannot ask for water, bathroom, phone calls, medical attention, and similar.)

37. Step 5: The Visit—De-escalation • The person you’re seeing may be in crisis • Police tactics are designed to produce uncertainty, isolation, and hopelessness • Possible steps to combat this: • Reinforce connection with the outside world—your brother/sister/mentor/friend called FDLA for you • Make sure to reality-check your client by providing information about the process—an arrest is not a charge, a charge is not a conviction, you will have the opportunity to defend yourself in court

38. Step 5: The Visit—Injury Log • For any client who reports injury • Log all reported injuries, regardless of visibility • Do not mention if an injury is not visible in report. • Make sure to not put any information in the report that could subject the client to an aggravated battery charge.

39. Step 5:The Visit—Injury Log

40. Step 5: The Visit—Client Medical Treatment • If a client has a pressing medical issue, inform police and have your client request treatment, using specifics • If you believe a client is suicidal, speak with desk sergeant & superiors, if necessary, and make sure client is protected. • Medical issues require police to transport client to ER. Advocate for medical help as much as possible, but client may be required to request it. • Family/friends may bring medication to ER or station, but there is no guarantee police or doctors will allow its use.s

41. Step 5: The Visit—Declaration of Rights (DOR) Form

42. Step 5: The Visit—DOR • Explain the DOR to the client and get their signature • At Districts, you will have to ask an officer to take the DOR to your client. • A DOR informs the client of their rights and provides Notice of their assertion of them. • Serve DOR on police. Keep the white copy for FDLA, give yellow to police for their file and pink for the client’s file. • If officer refuses to sign, indicate “refused”

43. Step 6: Follow-up—Update Caller • After visit, update family/friends (as requested) • Tell them to call FDLA if police try to take others in for investigation • Advise callers against voluntarily going to station if they are asked

44. Step 6: Follow-up—End of Shift • After updating caller, report all information about any client still in custody to staff attorney. • Fill out call sheets and email with DORs, injury logs, etc. to fdlegalaid@gmail.com and your supervising attorney within 24 HOURS of the end of a shift. • Mail original (white) copies of DORs to FDLA’s office at 5100 W. Harrison Chicago, IL 60644.

45. What’s next? • Staff attorneys follow-up with client and caller if investigation is ongoing • Client paperwork is uploaded • Client paperwork is transferred to trial counsel • Policy work continues

46. WHAT WILL YOU ENCOUNTER? SPECIAL ISSUES IN POLICE INVESTIGATION AND CRIMINAL PROCEDURE IN CHICAGO AND COOK COUNTY

47. Juveniles • 17 and younger = minor • Parent or Guardian must be contacted, but needn’t be there for you to represent client • Youth officer must be present • Reads youth version of Miranda • Just another police officer with a different name—does not have child’s best interests

48. Juvenile Processing • Juveniles 12-17 may be detained 24 hours for serious offenses. • Juveniles under 12 may only be detained 6 hours

49. Juvenile Processing • Questioning may proceed without guardian • Police do not need to tell the parent whether the juvenile is a suspect or charged • Juveniles particularly vulnerable to coercive police tactics • If minor gave statement before your arrival, find out what role youth officer played • If a parent is present the child might be released to their care • Parents should not participate in interrogations

50. Representing Juveniles • Advise parents not to encourage child to talk and limit their access to child. • Parents should not be present while you speak to child • Breaks Privilege • Can be called as a witness against their child. • May tell child to make a statement • Evaluate whether juvenile understands their rights