Ill. Admin. Code tit. 20, § 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.
Notes
Added at 28 Ill. Reg. 13723, effective October 1, 2004
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