AUTHORITY: Implementing and authorized by Section 14-3(g) of the Criminal Code [720 ILCS 5/14-3(g)] and authorized by Section 55a of the Civil Administrative Code of Illinois [20 ILCS 2605/55a].

SOURCE: Adopted at 19 Ill. Reg. 15486, effective October 31, 1995.

SUBPART A: PROMULGATION

 

Section 1296.10  Purpose

 

The purpose of this Part is to delineate regulations concerning the use of devices in the interception and recording of oral conversations, to adopt measures regarding the retention of tape recordings and reports made as a result of such interceptions, and establish documentation requirements with respect to such interceptions.

 

Section 1296.20  Definitions

 

Unless specified otherwise, all terms shall have the meaning set forth in Section 14-1 of the Criminal Code [720 ILCS 5/14-1].  For purpose of this Part, the following additional definitions apply:

 

"Act" means Article 14 of the Criminal Code [720 ILCS 5/Art. 14].

 

"Chief Law Enforcement Officer of the County" means the sheriff of said county.

 

"Inventoried" means retained under the policies and procedures of the investigating law enforcement agency conducting the interception or recording; or, if no policy or procedure exists, the policies and procedures established by the Office of the Sheriff of the County in which the interception or recording occurred.

 

"Prior Notification" means written or verbal notice directed to the State's Attorney's Office informing the State's Attorney of a law enforcement agency's intention to use a listening or recording device pursuant to 720 ILCS 5/14-3(g).  The notification shall be deemed to have occurred if delivered by hand; upon verbal communication; or upon faxing or transmitting by any electronic information system.

SUBPART B: OPERATIONS

 

Section 1296.30  Interception and Recording Standards

 

a)         Interceptions or recordings made pursuant to 720 ILCS 5/14-3(g) of the Act shall be accomplished in a manner and with devices which shall provide the law enforcement agency conducting the interception or recording a method to monitor the safety and security of the consenting party during the conversation between the consenting party and the non-consenting party or parties to the conversation.

 

b)         Any and all recordings of any interception or recording made pursuant to this Section shall be protected from editing or other alteration.  The law enforcement officer conducting the interception shall designate the first recording from each device used as the "Original" tape for inventory and reporting purposes. Any duplicates or other recordings made from the "Original" recordings shall be designated "Duplicates" for inventory and reporting purposes.  Both the "Original" and "Duplicate" recordings shall be inventoried with the original signed written record. Access to any "Original" recording, "Duplicate" recording, or inventoried original written record shall be logged as to the date, time, and identity of the person inspecting, removing, or returning any specified items.

 

c)         The Chief Law Enforcement Officer of the County shall direct that any law enforcement agency that intercepts or records any conversation in said county pursuant to 720 ILCS 5/14-3(g) will either deliver both the written record of the interception or recording and any and all recordings of the interception or recording to the Office of the Sheriff, or retain said written record and recording as evidence within the law enforcement agency. In no event shall the Sheriff deny a request by a law enforcement agency to retain the written record or recordings of interceptions made pursuant to 720 ILCS 5/14-3(g).

 

Section 1296.40  Period of Time

 

Prior notification issued under 720 ILCS 5/14-3(g) shall authorize a law enforcement agency to use any device for the interception or recording during the time period specified in the prior notification, not to exceed ten days, or for ten days from the date and time the initial prior notification was issued if no interception time period is stated in the prior notification.  If the continuing use of a device is required beyond the specified interception period in the initial prior notification, or if the use exceeds ten days and no time period was specified, the law enforcement agency shall issue subsequent notifications to the State's Attorney extending the interception or recording time period in accordance with the prior notification procedures established under the Act.

 

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).

 

Section 1296.60  Specifications for Equipment

 

a)         Audio recording tapes shall be virgin standard audio recording cassettes or spools.

 

b)         The audio recording equipment shall be of a type and quality sufficient to ensure adequate collection and protection of its recording from editing or alteration.