Chicago expands program that allows police to file felony gun charges without review

Residents of two police districts in Chicago may now be charged with felony gun possession without prior review by prosecutors under a pilot program that police and prosecutors say is designed to streamline the felony review process.

Without seeking public input, the Felony Review Bypass Pilot Program went into effect in Englewood in January—just one month after newly elected Cook County State’s Attorney Eileen O’Neill Burke took office.

In April, Burke and Chicago Police Superintendent Larry Snelling announced plans to expand the pilot to a second police district.

“Rather than take a police officer off the beat while awaiting a felony review callback, this program equips them with the tools and training to file appropriate charges directly and get back on the street,” Burke said. “It also allows felony review prosecutors to focus on the most serious crimes, which are labor intensive.”

Burke stated that the State’s Attorney’s Office will monitor the program to ensure that charging decisions meet the highest legal and ethical standards.

The three charges eligible under the pilot program are:

• Unlawful possession of a weapon
• Unlawful possession of a weapon by a felon
• Aggravated unlawful possession of a weapon

The seventh district includes Gage Park, Auburn Gresham, Chicago Lawn, Englewood, Greater Grand Crossing, and West Englewood. The fifth district is located on the far southeast side of Chicago and includes Roseland, Pullman, West Pullman, Riverdale, Washington Heights, and South Deering. These two districts cover neighborhoods that are over 90% Black.

Community Response and Concerns

Community leaders argue that the program will lead to more wrongful convictions of African Americans and are urging police and prosecutors to halt it.

Compounding concerns, Cook County prosecutors are now seeking pretrial detention for all felony gun possession charges, putting residents at risk of being held in jail for up to 20 months while awaiting trial.

At a town hall meeting on April 5, Dion McGill, 7th District Police Councilor, called for an immediate pause of the program. He is also demanding that the State’s Attorney’s Office release data on individuals charged under the pilot and conduct a racial equity impact assessment.

“Due process is not optional. It is the bedrock of our justice system, and taking it away in the name of safety is a dangerous path,” McGill said. “Let’s not ignore the context. This program is being piloted right here in Englewood—one of the most historically policed, oversurveilled, and underresourced communities in the nation.”

Legal advocacy organizations have also spoken out against the policy, arguing that it denies defendants their right to due process.

In a blog post, the Chicago Appleseed Center for Fair Courts wrote:

“This means that the first opportunity for any lawyer to make a strong legal argument in defense of the defendant will be at the trial stage—zpoint most criminal cases never reach due to coercive plea bargain deals,” Appleseed wrote,

“This is not necessarily because they are guilty of the crime; defendants could be at risk of losing their jobs or places of residence, or be unable to provide care to children or other dependents, and they may feel pressured to plead guilty simply to be released sooner.”

However, in an Instagram post Alderman Raymond Lopez of Chicago's 15th ward shared a different viewpoint.

"Felony review is not an attack on due process; rather, it allows officers to process low-level felony possession cases in an expedited manner. This policy also keeps them on the streets longer instead of sitting at the district waiting for a teleconference with the State’s Attorney’s office," he said.

"While it would have been appropriate for the new State’s Attorney, Eileen O’Neil Burke, to explain and discuss this with the community before implementation, I reminded residents we have seen many citywide policies begin as local pilot programs. Such previous pilots include gun-shot detection, restorative justice, veteran’s court, and other diversionary programs."

As of April 5th the 7th district processed 46 cases without review.