Ill. Admin. Code tit. 20 § 1296.50

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

Section 1296.50 - Documentation Requirements

a) Prior Notification

Prior to the initiation of any period of interception or recording pursuant to 720 ILCS 5/14-3(g), the law enforcement agency shall provide the State's Attorney, in the county in which said recording or listening will occur, prior notification.

b) A copy of all written prior notification to the State's Attorney shall be maintained by the submitting police agency. Verbal prior notifications to the State's Attorney shall be documented in writing and submitted to the State's Attorney within 24 hours after the verbal notification and a copy shall be retained by the submitting police agency in the same manner as written prior notifications. The prior notification shall contain the following information:

1) The nature of the notice;

2) The agency providing notice;

3) The name of the individual providing notice;

4) The name and phone number of an agency contact;

5) The agency case number;

6) The date and time notice was issued;

7) Information on how the notice was issued;

8) The nature of the offense being investigated;

9) The time period for which the notice shall apply; and

10) The fact there is a consenting party to the conversation.

c) Written Record of Interception

A signed written record shall be completed by the intercepting or recording law enforcement officer. The signed written record shall include:

1) The day and hours of interception or recording;

2) The time and duration of each intercepted communication;

3) The parties, if known, to each intercepted communication;

4) A summary of the contents of each intercepted or recorded communication;

5) The make, model, and serial number of all interception and recording equipment used to intercept or record; and

6) The signature of the intercepting officer.

d) Both the written record of the interception or recording and any and all recordings of the interception or recording shall immediately be inventoried and shall either be retained as evidence within the law enforcement agency conducting the interception or recording or delivered to the Office of the Sheriff. The written records of the interception or recording conducted under 720 ILCS 5/14-3(g) shall not be destroyed except upon an order of a court of competent jurisdiction and in any event shall be kept for ten years.

e) Notice of Interception or Recording

Within a reasonable time, but not later than sixty days after the termination of the investigation for which the interception or recording was conducted, or immediately upon the initiation of criminal proceedings, the law enforcement agency conducting the investigation shall serve on the person who was the subject of an interception or recording under 720 ILCS 5/14-3(g), an inventory that shall include:

1) Notice that the person was the subject of the interception or recording;

2) Notice of any interception or recording if the defendant was arrested or indicted or otherwise charged as a result of the interception of his or her private oral communication;

3) The date of the interception or recording;

4) The period of interception or recording; and

5) Notice of any interception or recording devices used.

f) A prior notification or notice of interception or recording required under the Act shall not be deemed defective nor shall any interception or recording related to said notification or notice be quashed or abated because of technical irregularities not affecting the substantial rights of any person who has been the subject of an interception or recording pursuant to 720 ILCS 5/14-3(g).

Ill. Admin. Code tit. 20, § 1296.50