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.