Ill. Admin. Code tit. 20 § 2212.37

Current through Register Vol. 48, No. 43, October 25, 2024

Section 2212.37 - Interrogations

a) Interrogation of individuals suspected of committing the offenses specified in Section 5-401.5 of the Juvenile Court Act of 1987 [705 ILCS 405/5-401.5] and Section 103-2.1 of the Code of Criminal Procedure of 1963 [725 ILCS 5/103-2.1] 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, § 2212.37