Chicago expanding program to allow police officers to file felony gun charges without review by prosecutors
After what police and prosecutors described as a successful test in the Englewood, a pilot program allowing officers to file charges for low-level gun charges is expanding.
The pilot program started in the Chicago Police Department's 7th (Englewood) District about three months ago.
Starting Friday, it has been expanded to the 5th (Calumet) District, but some critics already have raised concerns about transparency.
Englewood Police District Councilman Joseph Williams said the council – which is meant to gather input from the public about public safety and policing in their neighborhoods – was only informed about the pilot program in Englewood two weeks ago.
"But this initiative was obviously launched back in January," he said.
The pilot program allows Chicago police officers to file felony charges for low-level gun possession cases without review by the Cook County State's Attorney's office. Through his role as councilman, Williams works to build relationships between the police and the community in the neighborhoods the 7th District serves – Englewood, West Englewood, Gage Park, Auburn Gresham, Chicago Lawn, and Greater Grand Crossing. He said the district council should have been notified of the program before it began.
"There's no reason why district council members nor community did not know about this initiative," he said.
In a news release Friday, Cook County State's Attorney Eileen O'Neill Burke and Chicago Police Supt. Larry Snelling announced the immediate the pilot program to the 5th District, which serves the Roseland, Pullman, West Pullman, Morgan Park, Washington Heights, South Deering, and Riverdale neighborhoods on the South Side.
The announcement of the expanded pilot program touts the initial test in the 7th District as a success, saying it "streamlines the charging process for lower-level felony gun cases, easing a significant strain on police and prosecutor resources across Chicago."
The pilot program also called for officers and command staff to receive extensive instructions on the legal criteria for each of the eligible charges: unlawful possession of a weapon, unlawful possession of a weapon by a felon, and aggravated unlawful possession of a weapon.
"The districts that they chose to run this pilot are predominantly in African-American communities, and I feel it's continuing to be a target on the Black and Brown communities," Williams said. "I'm still a strong believer in that you can't have a process without due process. We can't bypass the original process of the check and balance."
The Cook County Public Defender's office released a statement expressing deep concern about the expansion of the program, saying:
"There is no doubt that this change is rooted in a desire to build safer communities; but this change removes a critical layer of oversight that helps ensure charges are legally sound, factually supported, and brought in the interest of justice."
Williams said, with oversight in mind, a town hall meeting on the pilot program has been scheduled for Saturday from noon until 2 p.m., at Ogden Park Fieldhouse at 6500 S. Racine.
Community members and organizations will come together to make their voices heard regarding the pilot program. Williams said members from the Chicago Police Department and Cook County State's Attorney's office will be attending.
In a statement, a spokesperson for the Cook County State's Attorney's office defended the decision not to inform the district council of the pilot program until after it was up and running:
"Due to the nature of the pilot program, which fundamentally relates to internal practices of the CCSAO, it would have been premature to discuss the program widely before we had some data to analyze, and we look forward to participating in tomorrow's community meeting. With regard to why these districts were chosen, we are focusing (in collaboration with CPD) on communities that get frequent calls for service and have significant gun crime."
The State's Attorney's office also challenged the Public Defender's office's assertion that the program removes prosecutorial oversight in low-level gun cases.
"While low level gun possession cases in the felony review bypass program, may no longer undergo felony review before charges are filed by police, this does not mean they escape prosecutorial scrutiny. In fact, there are multiple stages where prosecutors thoroughly assess the appropriateness of charges:
• First Appearance Court – Prosecutors review cases when defendants make their initial court appearance, ensuring that charges align with the evidence presented.
• Preliminary Hearings – In cases that require a judge's determination of probable cause, prosecutors further evaluate the strength of the case.
• Grand Jury Indictments – For cases proceeding by direct indictment, prosecutors have another critical opportunity to assess whether charges should move forward."