TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1295 CERTIFICATION AND TRAINING OF ELECTRONIC CRIMINAL SURVEILLANCE OFFICERS
SECTION 1295.30 QUALIFICATION, CERTIFICATION, AND RECERTIFICATION OF OFFICERS


 

Section 1295.30  Qualification, Certification, and Recertification of Officers

 

No person shall engage in the interception of private oral communication as described in the Act, unless authorized to do so pursuant to certification provisions elaborated in this Part.

 

a)         Qualifications – The qualifications of all candidates for certification as electronic criminal surveillance officers shall be specified in an application to the Director from the chief executive officer of the law enforcement agency which the candidate represents.  Such application shall identify the specific level of training/certification which the candidate is authorized to receive and shall include a recommendation of the candidate by the chief executive officer.  Other information to be supplied shall include:

 

1)         The candidate's name, sex, date of birth, social security number, and agency identification number.

 

2)         The candidate's business address and telephone numbers.

 

3)         Statement that the candidate is a full-time law enforcement officer or a retired law enforcement officer.

 

4)         A brief synopsis of the candidate's training and service record, including any specialized instruction in the techniques of electronic surveillance.

 

5)         A brief statement reflecting the candidate's unit of assignment and present/proposed duties.

 

6)         For training for certification as an Electronic Criminal Surveillance Officer III, a statement that the sponsoring agency maintains a Technical Surveillance Unit and that the candidate will be assigned to such Unit subsequent to his/her certification.

 

7)         If the candidate is a retired law enforcement officer, a statement that he/she shall maintain certification as an Electronic Criminal Surveillance Officer I only.  Retired law enforcement officers qualified under the Act may not be certified at the Electronic Criminal Surveillance Officer II or III level.

 

b)         Certification – Three levels of training in Electronic Criminal Surveillance shall be provided by the Department.  The levels of training courses provided shall be designated as Electronic Criminal Surveillance Officer I (ECSO I), Electronic Criminal Surveillance Officer II (ECSO II), and Electronic Criminal Surveillance Officer III (ECSO III).  Each of these training courses and training courses for recertification shall be certified by the Illinois Law Enforcement Training Standards Board in compliance with the administrative rules found at 20 Ill. Adm. Code 1720 and shall include training in the legal, practical, and technical aspects of the interception of private oral communications and related investigation and prosecution techniques.  Upon successful completion of any one of these 3 courses of training, an officer shall be certified by the Illinois State Police and the Illinois Law Enforcement Training Standards Board for the particular level of expertise and shall be authorized to perform tasks as herein described for the grade of certification:

 

1)         Electronic Criminal Surveillance Officer I:  An officer certified as an Electronic Criminal Surveillance Officer I (ECSO I) shall be permitted to prepare petitions for the authority to intercept private oral communications in accordance with the provisions of the Act; to intercept and supervise the interception of conversations; to handle, safeguard, and utilize evidence derived from such conversations; and to operate and maintain equipment used to intercept such conversations.  ECSO I certification, unless renewed by recertification, expires in 5 years.

 

2)         Electronic Criminal Surveillance Officer II:  An officer certified as an Electronic Criminal Surveillance Officer II (ECSO II) shall be authorized to install, maintain, repair, and remove electronic criminal surveillance devices designed or intended for use in intercepting private wire communications as defined by the Act.  An ECSO II shall also have the full powers granted by ECSO I certification.  ECSO II certification, unless renewed by recertification, expires in 4 years.

 

3)         Electronic Criminal Surveillance Officer III:  An officer certified as an Electronic Criminal Surveillance Officer III (ECSO III) can, when authorized by the Court, unobtrusively enter into any vehicle, structure, or property of another for the purpose of installing, maintaining, or removing electronic criminal surveillance devices.  An ECSO III shall also have the full powers granted by ECSO II and ECSO I certification.  ECSO III certification, unless renewed by recertification, expires in 2 years.

 

4)         Certification as an ECSO II requires prior certification as an ECSO I. Certification as an ECSO III requires prior certification as an ECSO II.

 

5)         Training for recertification of an ECSO II and ECSO III shall encompass all topics and information conveyed to subordinate levels.

 

6)         Each law enforcement officer certified in accordance with this Part shall be issued registered credentials which identify the extent of each officer's authority.

 

(Source:  Amended at 29 Ill. Reg. 2448, effective January 31, 2005)