Prosecutors Stop Pursuing Drug Charges Due To Coronavirus Threat

CHICAGO — Cook County prosecutors will no longer pursue certain drug charges in order to protect public health, the state's attorney's office said Friday. The announcement comes as one of the nation's largest criminal justice systems reduces operations to a bare minimum in response to the outbreak of the new coronavirus.

No cases of "nonviolent, low-level narcotics offenses" will be prosecuted until further notice. All other charges will be reviewed on a case-by-case basis, according to a release. The exercise of prosecutorial discretion is aimed at protecting police, first responders, jail staff, medical professionals and the greater Cook County community as Gov. J.B. Pritzker's "stay-at-home" executive order takes effect Saturday evening.

According to the state's attorney's office, keeping the number of people passing through police stations and spending short periods of time in Cook County Jail in connection with minor charges to a minimum can reduce the potential spread of COVID-19, the disease caused by the new coronavirus strain first identified in China last year and last week declared a global pandemic by the World Health Organization.

Cook County State's Attorney Kim Foxx and Cook County Sheriff Tom Dart have taken a series of precautionary measures aimed at reducing the chance of the coronavirus infecting first responders or spreading among detainees. Both of their offices are working with the Cook County Public Defender's Office in an effort to ensure people who do not pose a threat to the public are released from jail.

"Out of an abundance of caution for the health of law enforcement and the community at large, the state's attorney's office will not be pursuing cases which pose little to no risk to public safety at this time," Foxx said in a statement.

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Currently, people arrested in Cook County and charged with minor, nonviolent felonies spend up to 48 hours in police custody before prosecutors are able to dismiss a case in bond court. And narcotics offenses are the only felonies that Chicago and suburban police can charge without approval from prosecutors. In other counties, felony review units must approve all such charges.

"An outbreak of coronavirus in our police stations or the Cook County Jail would be devastating, not just for those who are arrested or in custody during this time, but for the officers, staff and all of Cook County," Foxx added. "Everyone deserves to be protected, especially during these uncertain times, and we are obligated to ensure all members of our community feel safe, including those behind bars."

As of Friday, there were no confirmed COVID-19 cases in the Cook County Department of Corrections, according to the sheriff's office. Everyone who enters sheriff's office custody or court buildings is screened and given temperature checks.

Dart's office has requested additional personal protective equipment from the federal government and set up areas of the jail that can be used for separation and quarantine. Outdoor tents have been requested, and previously shuttered facilities could be reopened, according to the sheriff's office.

At least one Chicago police officer, a detective based at the Homan Square facility, has tested positive for COVID-19.

With the Illinois State Police crime lab closed for all but emergency testing, Foxx's office is only allowed to submit evidence in cases involving violent crimes and crimes against individuals, according to the release.

Representatives of the state's attorney's office did not immediately respond to a query as to what kind of narcotics offenses qualify as "low-level."