Ill. Admin. Code tit. 20 § 112.37

Current through Register Vol. 48, No. 49, December 6, 2024

Section 112.37 - Interrogations

Section 112.37 Interrogations

a) In accordance with 705 ILCS 405/5-401.5 and 725 ILCS 5/103-2.1, interrogation of individuals suspected of committing the offenses under 720 ILCS 5/9-1, 9 -1.2, 9-2, 9-2.1, 9-3, 9-3.2, and 9-3.3 (first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, and drug-induced homicide) shall be electronically recorded.

b) Electronic recording of minors and adults shall be done during an interrogation when a reasonable person in the subject's position would consider himself or herself to be in custody or when a question is asked that is reasonably likely to elicit an incriminating response.

c) All electronic recordings shall:

1) Be accurate and not altered;

2) Be preserved until the conviction or adjudication is final and all appeals are exhausted, or prosecution is barred by law;

3) Be confidential and exempt from public inspection and copying as provided by the Freedom of Information Act [5 ILCS 140 ]; and

4) Be secured in a designated area and made part of the investigative file.

Ill. Admin. Code tit. 20, § 112.37

Added at 28 Ill. Reg. 13723, effective October 1, 2004