Chicago Police DepartmentSpecial Order S04-03-01
Digital Recording of Interrogations
Issue Date:30 December 2016Effective Date:01 January 2017
Rescinds:10 May 2016 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.informs Department members of Public Act 099-0882 of the State of Illinois.
  • B.lists the offenses mandated to have the custodial interrogation electronically recorded.
  • C.identifies when legal representation is required to be present for the entire custodial interrogation.
  • D.outlines the special circumstances which members may digitally record statements in cases other than those mandated by State law.
  • E.describes the procedures to operate the digital recording equipment, and how to obtain a copy of a recording.
II.Policy
  • A.A minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, state, county or municipal law or ordinance, will be processed as a juvenile.
  • B.A Juvenile Miranda Warning will be given to a juvenile under 18 years of age prior to the custodial interrogation.
  • C.All persons suspected of or eligible to be charged with an offense listed in Item III of this directive will be transported directly to the appropriate Bureau of Detective Area Center for processing.
  • D.Juveniles under 15 years of age at the time of the commission of an offense listed below in Item III-B-2 will have their custodial interrogation electronically recorded and must be represented by legal counsel during the entire interrogation.
  • E.The interrogations of adult and juvenile suspects will be digitally recorded using Department-issued equipment specifically designated to electronically record interrogations.
  • F.The electronic recording of interrogations of arrestees suspected of an offense listed in Item III of this directive does not violate the eavesdropping statute (720 ILCS 5/14-3) and therefore the suspect's consent is not required.
III.General Information
  • A.The custodial interrogation will be electronically recorded of adults and juveniles in custody for any offense listed below:
    • 1.First Degree Murder
    • 2.Second Degree Murder
    • 3.Involuntary Manslaughter
    • 4.Reckless Homicide
    • 5.Drug Induced Homicide
    • 6.A Driving Under the Influence charge that resulted in a death
    • 7.Predatory Criminal Sexual Assault of a Child
    • 8.Aggravated Criminal Sexual Assault
    • 9.Home Invasion
    • 10.Aggravated Kidnapping
    • 11.Armed Robbery
    • 12.Aggravated Vehicular Hijacking
    • 13.Aggravated Battery with a Firearm
    • 14.Aggravated Arson
  • B.Effective 01 January 2017, and pursuant to Public Act 099-0882 of the State of Illinois:
    • 1.Juveniles in custody for felony offenses or misdemeanor Sex Offenses under Article 11 of the Illinois Criminal Code will have their custodial interrogation electronically recorded.
    • 2.Juveniles under 15 years of age at the time of the commission of an offense listed below will have their custodial interrogation electronically recorded and must be represented by legal counsel during the entire interrogation.
      • a.First Degree Murder
      • b.Intentional Homicide of an Unborn Child
      • c.Second Degree Murder
      • d.Voluntary Manslaughter of an Unborn Child
      • e.Involuntary Manslaughter and Reckless Homicide
      • f.Involuntary Manslaughter and Reckless Homicide of an Unborn Child
      • g.Drug Induced Homicide
      • h.Criminal Sexual Assault
      • i.Aggravated Criminal Sexual Assault
      • j.Predatory Criminal Sexual Assault of a Child
      • k.Criminal Sexual Abuse
      • l.Aggravated Criminal Sexual Abuse
IV.Arresting/Transporting Officer Responsibilities
  • A.Department members taking an individual into custody or accepting custody from other officers will follow the procedures outlined in the Department directive entitled "Restraining Arrestees." Members will be responsible for the safety and security of the arrestee.
  • B.If the arrestee needs immediate medical care, Department members will follow the procedures in the Department directive entitled "Processing Persons Under Department Control."
  • C.Arresting/Transporting Officers will:
    • 1.transport the adult and juvenile arrestees suspected of an offense listed in Item III of this directive directly to the appropriate Bureau of Detectives Area Center.
    • 2.immediately notify the designated supervisor of the appropriate oversight office of the Bureau of Detectives Area Center.
    • 3.ensure the detective assigned by the designated supervisor takes custody of the arrestee prior to being placed in the interview room.
    • 4.notify the station supervisor of the district of occurrence and, if different, the station supervisor of the district of arrest. The arresting officer will report the name and address of the arrestee, probable charges, and Bureau of Detectives Area Center where the arrestee is being detained.
  • D.A Department member need not refrain from engaging in conversation, provided it is initiated by the suspect, either at the scene or on direct route to the area however, if questioning a suspect regarding the facts of a crime, the Department member will:
    • 1.inform the adult arrestee of their Miranda rights, or
    • 2.inform the juvenile arrestee of their Juvenile Miranda rights.
    • 3.follow procedures to operate the digital recording equipment if the arrestee is in custody for an offense that will require the interrogation to be electronically recorded.
    • 4.adhere to the legal representation requirement of juvenile processing consistent with Department directive entitled "Processing of Juveniles and Minors Under Department Control."
V. Area Bureau of Detectives Supervisor
  • A.When a Department member brings an arrestee suspected of an offense listed in Item III of this directive to the Area Center, the designated supervisor of the Bureau of Detectives will:
    • 1.assign a detective to the investigation/interrogation of the arrestee;
    • 2.ensure the Juvenile Miranda Warning has been given to juvenile arrestees under 18 years of age, if appropriate.
    • 3.ensure the legal representation requirements of juvenile processing are adhered to consistent with the Department directive entitled "Processing Juveniles and Minors Under Department Control."
    • 4.ensure the detective assigned to the investigation/interrogation, designated Bureau of Detectives supervisor, or desk personnel take custody of the arrestee from the transporting officer and place the arrestee into the interview room; and
    • 5.test the interview room equipment before recording.
  • B.Bureau of Detectives personnel who activate the digital recording system need not be the assigned detective to the investigation/interrogation.
VI.Investigating Detective
  • A.The detective assigned by the designated supervisor of the Bureau of Detectives to the investigation/interrogation of the arrestee suspected of an offense listed in Item III of this directive will:
    • 1. take custody of the arrestee from the transporting officer.
    • 2.read the Juvenile Miranda Warning to a juvenile under 18 years of age prior to any custodial interrogation.
    • 3.adhere to the legal representation requirement for juvenile processing
  • B.Before the arrestee enters the interview room, the detective assigned will test the interview room equipment and then activate the digital recording system by:
    • 1.entering the member's assigned CLEAR username and password (PC login);
    • 2.select "start interview";
    • 3.enter interviewee last name, first name, and Records Division (RD) Number;
    • 4.enter interview category and interviewee type; and
    • 5.confirm data entered and select "start recording."
  • C.A touch screen control panel is mounted on the wall just outside each interview room. The control panel allows the detective assigned to the investigation/interrogation to activate and deactivate the recording of all activities in the room.
    NOTE:
    Department members who have technical issues with the digital recording system will contact the City of Chicago Help Desk at 4-DATA for assistance.
  • D.A control room is located at the detective areas, Homan Square, Central Investigations Division, and where digital recording systems are installed and available. The control room allows for the monitoring of the audio and video from each interview room within the unit with a surveillance camera and microphone.
  • E.The detective assigned to the investigation/interrogation will be responsible for ensuring the digital recording of the arrestee is in progress during the entire time the arrestee is in the interview room
    NOTE:
    Once the recording has started, the interview room will appear on the monitor. The red outline confirms the system is recording and the vertical green bar confirms the audio input. Department members who have technical issues with the Digital Recording System will contact the City of Chicago Help Desk at 4-DATA for assistance.
  • F.Each of the detective areas is equipped with a portable digital recording kit. The purpose of the portable digital recording kit is to record, with the approval of the designated supervisor of the Violent Crimes Section, custodial interrogations that occur outside of the digitally equipped interrogation rooms. A Department member who uses a portable digital recording kit must ensure that there is only one recorded investigation/interrogation per disk.
VII.Special Circumstances
  • A.Detectives may digitally record statements from offenders in cases other than those mandated by State law. Prior to digitally recording an offender's statement in cases other than those mandated by State law, detectives must:
    • 1.ensure the Cook County State's Attorney's Office (CCSAO) has been provided an opportunity to interview the offender, when feasible;
    • 2.obtain the consent of the offender prior to recording; and
    • 3.record the offender granting consent and the Miranda advisory at the beginning of the interview.
  • B.Department members who encounter a person with Limited English Proficiency (LEP) who require an interpreter to effectively communicate during the course of an investigation/interrogation will follow the procedures outlined in the Department directive entitled "Limited English Proficiency."
  • C.Any unrecorded statement made during a custodial interrogation will be presumed inadmissible unless this presumption is overcome by a preponderance of the evidence that the statement was reliable and voluntary. The totality of the circumstances surrounding the unrecorded statement will determine whether or not it is admissible.
  • D.Exceptions to the inadmissibility of unrecorded statements are:
    • 1.spontaneous statements not made in response to questioning;
    • 2.statements made in response to routinely asked questions during the processing of the arrestee;
    • 3.statements that are made out of the boundaries of the State of Illinois;
      NOTE:
      When feasible, Department members will take the portable digital recording kit provided from the appropriate Area Detective Division to record an investigation/interrogation.
    • 4.a statement made in open court during any criminal or juvenile proceeding;
    • 5.a statement made at a time when members of the Chicago Police Department who are involved in the custodial interrogation were not aware a death has in fact occurred;
    • 6.electronic recording of the custodial interrogation was not feasible;
      NOTE:
      Department members are required to explain in the narrative section of the detective Supplementary Report (CPD-11.411) specific reasons why an investigation/interrogation was not recorded.
    • 7.there is an electronic recording of the arrestee's request that his statement not be electronically recorded consistent with Item VII-A of this directive;
    • 8.a voluntary statement made by the arrestee that has a bearing on the credibility of the arrestee as a witness;
    • 9.at the time of the interrogation, the Chicago Police Department member is unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded.
VIII.Procedures When Digitally Recording
  • A.The detective assigned to the investigation/interrogation of an arrestee suspected of an offense listed in Item III of this directive will follow the technical procedures as trained to operate the system.
  • B.The system will not be turned off after an arrestee is placed into the interview room while the arrestee remains in the room. In addition, the equipment will remain on during short breaks when the arrestee leaves the room.
  • C.Equipment will only be turned off if:
    • 1.the arrestee is placed in a different room; or
    • 2.the arrestee is returned to the lock-up.
  • D.The detective assigned to the investigation/interrogation may, at his or her discretion, turn off the recording equipment during a break in which the arrestee is removed from the interview room if the detective determines that it is impractical to continue running the equipment (i.e., a lengthy break for multiple lineups).
    NOTE:
    The detective assigned to the investigation/interrogation will document the reasons the recording equipment was turned off in the detective Supplementary Report (CPD-11.411).
  • E.The arrestee is not required to be told that he or she is being recorded. Anyone other than the arrestee or a Department member who will be recorded while in the interview room must be told by the detective assigned to the investigation/interrogation that he or she is being recorded.
  • F.When an attorney is admitted into the interrogation room to confer with his or her client, the detective assigned to the investigation/interrogation will:
    • 1.inform the attorney that the digital recording equipment is activated; and
    • 2.escort the attorney to the control box for the interview room and select the "mask audio/video" button on the interface screen.
      NOTE:
      An audible signal in the interview room will inform the occupants that the audio/video feed has been turned off.
    • 3.when the attorney is finished, ensure that the Department member unmasks the audio and video portion of the digital recording system.
IX.Procedures After the Interrogation
  • A.Once the investigation/interrogation has concluded in a location where the digital recording system is installed, the assigned detective will:
    • 1.select the "stop recording" button on the control panel and confirm that they wish the recording to be stopped;
    • 2.enter the interviewer's names and select "next"; and
      NOTE:
      Up to five interviewers names may be entered in the digital recording system. If there are additional names, the assigned detective will note the names of the additional members in the detective supplementary report.
    • 3.select "finish" and log out of the system.
  • B.The digital video recording of the investigation/interrogation is not permanently stored immediately after recording. The transfer will occur after the equipment is deactivated and the time of transfer will depend upon the length and time of the investigation/interrogation.
  • C.In all interrogations where no charge is placed, the detective assigned to the investigation/interrogation must, within twenty-one days, access the central management system to verify the digital recordings have been retained.
    NOTE:
    Department members who have technical issues with the Digital Recording System will contact the City of Chicago Help Desk at 4-DATA for assistance.
  • D.Once the investigation/interrogation has concluded when using a portable digital kit, the assigned detective will:
    • 1.upload the completed investigation/interrogation into the commander application;
    • 2.input the RD number in the title section and select "apply";
    • 3.select the "Add" button to tag the investigation/interrogation with the tags:
      • a.last name,
      • b.first name,
      • c.RD number, and
      • d.interview type;
    • 4.enter the proper data under each listed tag and select "apply";
    • 5.verify the information and select "import"; and
    • 6.format the the device containing the video file for future use.
  • E.Once the uploads of the investigations/interrogations are complete, the Forensic Services Division will send the videotapes to the the Records Division to store for permanent retention.
X.Procedures for Obtaining a Copy of an Interrogation
  • A.An authorized detective who requires a copy of all of or a portion of an interrogation for a legitimate, lawful police purpose will obtain a recording by:
    • 1.completing a Digitally Recorded Data Viewing / Hold / Duplication Request form and submitting the completed form to the station supervisor/designated unit supervisor for approval.
    • 2.notifying the Records Division that a duplicate video recording is required and submit the approved Digitally Recorded Data Viewing/Hold/ Duplication Request form to the Director, Records Division.
    • 3.indicating to the Records Division which information from the digitally recorded data is to be included on the duplicate video recording.
      NOTE:
      The Records Division will include all metadata with the copy of the video recording.
  • B.Any such copy of interrogations will be clearly marked "official police document" on the copy of the disk. Copies of interrogations are to be only used in an official police capacity. A member requesting a duplicate video recording who makes additional copies of it or permits unauthorized persons to duplicate or view it under any circumstances will be disciplined according to current Department procedures and guidelines.
  • C.When the duplicate video recording has served the purpose for which it was made, the requesting member will ensure that it is immediately returned to the Records Division.
XI.Other Responsibilities
  • A.The Director, Information Services Division, will:
    • 1.maintain procedures to ensure the security of the digitally recorded data from downloading to storage by the Records Division.
    • 2.maintain a system to monitor the memory capacity of the land-based terminals and provide for the security of the downloaded data.
  • B.The Director, Records Division, will:
    • 1.maintain the cataloging system for storage and retrieval of recordings;
    • 2.ensure procedures for archives are maintained consistent with Department directives (including the Forms Retention Schedule), applicable state and federal laws, and compliance with all court orders; and
    • 3.ensure retention of digitally recorded data when an extended hold is requested as prescribed by law and established Department policy.
XII.Conflict Resolution
If information in this directive conflicts with a provision of any other Department directive, this directive will take precedence.
(Items indicated by italic/double underline were added or revised)
Authenticated by: AK
Eddie T. Johnson
Superintendent of Police
T16-114 SDR
GLOSSARY TERMS:
1. -
A statement during a custodial interrogation that is not electronically recorded.