Cook County State's Attorney expands program allowing CPD officers to directly file felony gun charges
A program allowing Chicago police officers to file charges in low-level gun crimes without first getting approval from a prosecutor will be expanded across the city, Cook County State's Attorney Eileen O'Neill Burke announced on Friday.
The Expedited Felony Review program allows trained police officers to directly file felony charges of unlawful possession of a weapon, unlawful possession of a weapon by a felon, and aggravated unlawful possession of a weapon in non-violent crimes not involving a victim or the discharge of a weapon.
Cases eligible for the program must be supported by body-worn camera footage, and a police watch commander must review and approve the charges.
"This program strengthens safety in our city by getting our officers back on the street faster, while making the process to hold gun possession offenders accountable more efficient," Chicago Police Supt. Larry Snelling said in a statement. "We thank the Cook County State's Attorney's Office for their partnership in bringing this initiative into every police district following the success of the pilot program."
The program started as a pilot program in the Chicago Police Department's 7th (Englewood) District in January, and was later expanded to the 5th (Calumet) District in April.
Burke said the program allows prosecutors to focus on violent gun crimes, and frees up officers to get back on the street more quickly after making a gun possession arrest.
"The goal of this initiative is straightforward: to get police officers back on their beats, not tied down at their desk waiting on a phone call," Burke said in a statement. "It also allows our office to dedicate prosecutorial time and attention to more complex cases, where evidence needs to be reviewed in person and victims and witnesses need to be spoken to as quickly as possible."
Burke noted that 99% of gun charges filed directly by police during that pilot program were upheld in a preliminary hearing, or resulted in a grand jury indictment.
However, the Cook County Public Defender's Office has raised concerns about the program, and said it opposes expanding Expedited Felony Review citywide.
"This policy abandons prosecutors' duty to review felony charges and simply hands that responsibilities over to police, who have an obvious incentive to bring charges in cases whether there is evidence to support them or not," the Public Defender's Office said in a statement. "While the State's Attorney's Office claims this policy will free prosecutors to focus on more serious cases, the more likely outcome will be thousands of nonviolent gun possession cases that shouldn't be filed clogging up the courts, 30% of which end up getting thrown out."
The Public Defender's office also pointed to a CBS News Chicago report that found Chicago police have repeatedly stopped Black gun owners for minor traffic violations and arrested them on felony gun charges, even when they had legal firearm licenses.
"We would think this would necessitate reexamination of the felony review bypass policy—not expansion," the Public Defender's Office said. "Coupled with the State's Attorney's Office's other harmful policies, including seeking detention in almost all gun cases without considering the facts unique to each person, bypassing felony review runs a significant risk of unnecessarily involving people in the criminal legal system."
The Public Defender's Office said, rather than expanding the Expedited Felony Review program, Burke's office should "end this policy and take an active role in reviewing the quality of all gun possession cases before charges are filed."