FOIA: CPD VAW Case Statuses

VAWThis FOIA request is seeking case statuses on what are traditionally called violence against women (VAW)crimes. These types of cases fall under two categories: domestic violence and sexual assault cases.

VAW crimes rarely if ever make the news and when they do they make the it is usually to exploit the crimes for the clicks. We also readily acknowledge that while VAW crimes for our research for our forthcoing report only focuses on crimes perpetrated by men with women as victims that there times when those roles are reversed, although statistically those make up a significant minority of the cases. We also understand that this request seeking VAW data is constrained by the binary definitions of gender unfortunately the data systems within the criminal justice system have not adapted to social change and the fluidity of the gender definitions as well as most of society has.

We are seeking this data to include it in our upcoming report where we study 3 years of media coverage of these VAW crimes in the Chicago. This report is an update to an earlier report on this subject matter that we published in 2013. This forthcoming report will include analysis of 3 years of media content while also including an analysis of case level data on VAW crimes from a variety of justice agencies.

FOIA Content

To:   Chicago Police Department

Re:  Chicago Justice Project FOIA Requests

In accordance with the Illinois Freedom of Information Act, 5 ILCS 140, I request that your office provide the following public records: 

FOIA A

Documents sufficient to show (or from which may be derived) for the IUCR Codes and Illinois Statutes detailed below the aggregate totals for each year from 2000-2020 for the following:

  1. Current investigation status of all cases
  2. Case clearances by type – (Please breakdown exceptional cases clearances by the 10 sub categories) 
  3. Allegations categorized by the Chicago Police Department as Unfounded

In order to reduce the burden of responding to this FOIA request, in the alternative to producing all such documents, we would accept as a complete response to this FOIA if you simply provided the aggregate totals by years for items 1-3.

FOIA B

Documents sufficient to show (or from which may be derived) the current Chicago Police Department IUCR Codes implemented by the Chicago Police Department and what Illinois Complied Statutes each of the IUCR Codes is associated with. 

IUCRPrimary DescriptionILCS
0260Criminal Sexual Assault  720-5/11-1.20
0261Aggravated Criminal Sexual Assault720-5/11-1.30 
0262Forcible Sodomy720-5/11-1.30 
0280Predatory Criminal Sexual Assault of a Child720-5/11-1.40 
0281Criminal Sexual Assault With an Object 720-5/11-1.20
1562Aggravated Criminal Sexual Abuse 720-5/11-1.60
1587Sexual Misconduct With Disabled Person 720-5/11-9.5
1592Sexual Conduct or Contact with an Animal 720-5/12-35
3967Stalking 720-5/12-7.3
3968Cyberstalking 720-5/12-7.5
3969Aggravated Stalking720-5/12-7.4 
0486Domestic Battery 720-5/12-3.2 
0487Aggravated Battery of an Unborn Child 720-5/12-3.1
0488Aggravated Domestic Battery 720-5/12-3.3
0495Aggravated Battery of a Senior Citizen720-5/12-3.05(a.4)

DEFINITIONS  

“IUCR” means Illinois Uniform Crime Codes from the Illinois Uniform Crime Reporting Program.“Chicago Police Department IUCR Codes” means the crime codes used by the Chicago Police Department that are derived from the Illinois Uniform Crime Codes.

“Document” and/or “Documents” means any documents or electronically stored information of any kind—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.

“You” or “Your” means the Chicago Police Department, and all attorneys, employees, officers, directors, bureaus, offices, divisions or subdivisions of same.

INSTRUCTIONS

If the agency withholds any document or information pertinent to the requests made herein, please identify the document or information in as much detail as is possible, and detail in specific language why each document or piece of information is being withheld.

If any information requested herein is withheld on the basis of a claim of privilege or other protection as material prepared in anticipation of litigation or trial, then that claim shall be made expressly in a writing that describes the nature of the Documents, Communications, or Things not produced or disclosed in a manner that will enable us to assess the applicability of the privilege or protection. With regard to each claim of privilege or protection, the following information should be provided in the response or the objection:

(a) the type of Document, e.g., letter or memorandum;

(b) general subject matter of the Document;

(c) the date of the Document;

(d) such other information as is sufficient to identify the Document for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the Document, and, where not apparent, the relationship of the author, addressee, and any other recipient to each other; and

(e) the nature of the privilege or protection;

(f) if applicable, the litigation or trial of which he document was created in anticipation.

If any Document identified herein has been lost, discarded, or destroyed, each such Document should be identified as completely as possible, including as to each such Document, its date, general nature (e.g., letter, memorandum, telegram, telex, photograph, computer printout), subject matter, each author or originator, each person indicated as an addressee or copy recipient, and its former custodian(s). In addition, as to each such Document, the following information shall be supplied:

(a) date of disposal, loss, or destruction;

(b) manner of disposal, loss, or destruction;

(c) reason for disposal or destruction, or any explanation of loss;

(d) persons authorizing the disposal or destruction;

(e) persons having knowledge of the disposal, destruction, or loss; and

(f) persons who destroyed, lost, or disposed or the Document or Thing.

I look forward to hearing from you in writing within five working days, as required by the Act 5 ILCS 140(3).  Please direct all questions or responses to this FOIA request to this email address by responding to this email. I can be reached at tsiska@chicagojustice.org Tracy Siska

Updates

8/5 – August 5, 2020
Via Email:
Tracy Siska
tsiska@chicagojustice.org

RE: NOTICE OF RESPONSE TO FOIA REQUEST
FOIA FILE NO.: P592776

Dear Tracy Siska:
The Chicago Police Department (CPD) is in receipt of your Freedom of Information Act (FOIA), request for the following:

“FOIA A
Documents sufficient to show (or from which may be derived) for the IUCR Codes and Illinois Statutes detailed below the aggregate totals for each year from 2000-2020 for the following:

1.Current investigation status of all cases
2.Case clearances by type – (Please breakdown exceptional cases clearances by the 10 sub categories)
3.Allegations categorized by the Chicago Police Department as Unfounded

FOIA B
Documents sufficient to show (or from which may be derived) the current Chicago Police Department IUCR Codes implemented by the Chicago Police Department and what Illinois Complied Statutes each of the IUCR Codes is associated with. “

FOIA requires each public body to promptly respond to a request for public records, either by complying or denying the request, within 5 business days after the public body has received the request. Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days.

Due to the COVID-19 pandemic and the Governor’s issuance of a disaster proclamation, the Chicago Police Department (CPD) is taking preventive measures in attempt to control the spread of the virus. Therefore, the CPD has chosen to allow Department members assigned to the Freedom of Information Act (FOIA) Unit to work remotely and has partially closed its office due to sworn members assigned to administrative duties being deployed to the field for public safety. In addition, as more and more individuals become ill or come into contact with someone infected with COVID-19 and are isolated or quarantined, members of CPD FOIA Unit may be unable to report to work. In such circumstances, CPD may assert exceptions outlined in 5 ILCS 140/3(e), particularly if responding to the request is unduly burdensome in the circumstances, requires review by an unavailable staff member, or requires resources to obtain records located off-site.

Please keep in mind that FOIA allows CPD and the requester to come to a mutually agreeable response period to comply with a FOIA request. Members of the public and media are asked to keep these considerations in mind and are strongly encouraged to work with public bodies to agree on reasonable and appropriate response times in light of the public health concerns we all face. Given that the length of the pandemic remains unknown and that staffing levels have been reduced, during this statewide
emergency declaration, CPD may treat a FOIA request as unduly burdensome, in the event that it is not feasible for CPD to comply with or deny a request for public records within 5 business days after its receipt of the request or the time for response was properly extended under 5 ILCS 140/3(e) because it would unduly burden CPD’s operations during the COVID-19 pandemic.

At this time, we are extending the time to respond to your request by an additional 5 business days.

If I can be of further assistance, you may contact me at 312-745-5308.
Sincerely,

A. Armour
Freedom of Information Act Officer
Chicago Police Department
Office of Legal Affairs, Unit 114
3510 S. Michigan Ave.
Chicago, IL 60653

7/24 – 07/24/2020

Tracy Siska

9 W. Washington, Suite 400

Chicago IL 60604

RE:      FOIA REQUEST of July 24, 2020, Reference # P592776-072420

Dear Tracy:

The Chicago Police Department is in receipt of your Freedom of Information Act (FOIA) request. On July 24, 2020, the following request was received.

e: Chicago Justice Project FOIA Requests In accordance with the Illinois Freedom of Information Act, 5 ILCS 140, I request that your office provide the following public records: FOIA A Documents sufficient to show (or from which may be derived) for the IUCR Codes and Illinois Statutes detailed below the aggregate totals for each year from 2000-2020 for the following: 1.Current investigation status of all cases 2.Case clearances by type – (Please breakdown exceptional cases clearances by the 10 sub categories) 3.Allegations categorized by the Chicago Police Department as Unfounded In order to reduce the burden of responding to this FOIA request, in the alternative to producing all such documents, we would accept as a complete response to this FOIA if you simply provided the aggregate totals by years for items 1-3. FOIA B Documents sufficient to show (or from which may be derived) the current Chicago Police Department IUCR Codes implemented by the Chicago Police Department and what Illinois Complied Statutes each of the IUCR Codes is associated with. IUCR Primary Description ILCS 0260 Criminal Sexual Assault 720-5/11-1.20 0261 Aggravated Criminal Sexual Assault 720-5/11-1.30 0262 Forcible Sodomy 720-5/11-1.30 0280 Predatory Criminal Sexual Assault of a Child 720-5/11-1.40 0281 Criminal Sexual Assault With an Object 720-5/11-1.20 1562 Aggravated Criminal Sexual Abuse 720-5/11-1.60 1587 Sexual Misconduct With Disabled Person 720-5/11-9.5 1592 Sexual Conduct or Contact with an Animal 720-5/12-35 3967 Stalking 720-5/12-7.3 3968 Cyberstalking 720-5/12-7.5 3969 Aggravated Stalking 720-5/12-7.4 0486 Domestic Battery 720-5/12-3.2 0487 Aggravated Battery of an Unborn Child 720-5/12-3.1 0488 Aggravated Domestic Battery 720-5/12-3.3 0495 Aggravated Battery of a Senior Citizen 720-5/12-3.05(a.4) DEFINITIONS “IUCR” means Illinois Uniform Crime Codes from the Illinois Uniform Crime Reporting Program. “Chicago Police Department IUCR Codes” means the crime codes used by the Chicago Police Department that are derived from the Illinois Uniform Crime Codes. “Document” and/or “Documents” means any documents or electronically stored information of any kind—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form. “You” or “Your” means the Chicago Police Department, and all attorneys, employees, officers, directors, bureaus, offices, divisions or subdivisions of same. INSTRUCTIONS If the agency withholds any document or information pertinent to the requests made herein, please identify the document or information in as much detail as is possible, and detail in specific language why each document or piece of information is being withheld. If any information requested herein is withheld on the basis of a claim of privilege or other protection as material prepared in anticipation of litigation or trial, then that claim shall be made expressly in a writing that describes the nature of the Documents, Communications, or Things not produced or disclosed in a manner that will enable us to assess the applicability of the privilege or protection. With regard to each claim of privilege or protection, the following information should be provided in the response or the objection: (a) the type of Document, e.g., letter or memorandum; (b) general subject matter of the Document; (c) the date of the Document; (d) such other information as is sufficient to identify the Document for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the Document, and, where not apparent, the relationship of the author, addressee, and any other recipient to each other; and (e) the nature of the privilege or protection; (f) if applicable, the litigation or trial of which he document was created in anticipation. If any Document identified herein has been lost, discarded, or destroyed, each such Document should be identified as completely as possible, including as to each such Document, its date, general nature (e.g., letter, memorandum, telegram, telex, photograph, computer printout), subject matter, each author or originator, each person indicated as an addressee or copy recipient, and its former custodian(s). In addition, as to each such Document, the following information shall be supplied: (a) date of disposal, loss, or destruction; (b) manner of disposal, loss, or destruction; (c) reason for disposal or destruction, or any explanation of loss; (d) persons authorizing the disposal or destruction; (e) persons having knowledge of the disposal, destruction, or loss; and (f) persons who destroyed, lost, or disposed or the Document or Thing.   

FOIA requires each public body to promptly respond to a request for public records, either by complying or denying the request, within 5 business days after the public body has received the request.  Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days.

Due to the COVID-19 pandemic and the Governor’s issuance of a disaster proclamation, the Chicago Police Department (CPD) is taking preventive measures in attempt to control the spread of the virus.  Therefore, the CPD has chosen to allow Department members assigned to the Freedom of Information Act (FOIA) Unit to work remotely and has partially closed its office due to sworn members assigned to administrative duties being deployed to the field for public safety.  In addition, as more and more individuals become ill or come into contact with someone infected with COVID-19 and are isolated or quarantined, members of CPD FOIA Unit may be unable to report to work. In such circumstances, CPD may assert exceptions outlined in 5 ILCS 140/3(e), particularly if responding to the request is unduly burdensome in the circumstances, requires review by an unavailable staff member, or requires resources to obtain records located off-site.

Please keep in mind that FOIA allows CPD and the requester to come to a mutually agreeable response period to comply with a FOIA request. Members of the public and media are asked to keep these considerations in mind and are strongly encouraged to work with public bodies to agree on reasonable and appropriate response times in light of the public health concerns we all face. Given that the length of the pandemic remains unknown and that staffing levels have been reduced, during this statewide emergency declaration, CPD may treat a FOIA request as unduly burdensome, in the event that it is not feasible for CPD to comply with or deny a request for public records within 5 business days after its receipt of the request or the time for response was properly extended under 5 ILCS 140/3(e) because it would unduly burden CPD’s operations during the COVID-19 pandemic.

At this time, we are extending the time to respond to your request by an additional 5 business days.

If you have any questions, please contact our office at 312-745-5308 or at the following address:

            Chicago Police Department

            Attention: Freedom of Information Officer

            Office of Legal Affairs, Unit 114

            3510 S. Michigan Ave.

            Chicago, IL 60653

Sincerely,

Aminah Armour

Freedom of Information Officer

Chicago Police Department

Author: Tracy Siska

Tracy Siska is the Founder and Executive Director of the Chicago Justice Project.

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