Section 1298.10  Introduction

 

The Department of State Police, in the context of its powers and duties, captures digital images, videos, and measurements in a variety of formats.  Individuals and other entities often desire to obtain copies of these digital images, videos, and measurements.  This Part is intended to establish the requirements and procedures for obtaining imaging products from the Department.

 

(Source:  Amended at 42 Ill. Reg. 19238, effective October 10, 2018)

 

Section 1298.20  Definitions

 

"Department" means the Illinois Department of State Police.

 

"Graphic Image" means any image, video or electronic file, including, but not limited to, those depicting a nude human body, autopsy or post-mortem images, a body with severe trauma or injuries, or any digital image, video or similar image, the release of which a reasonable person would find constitutes an unwarranted invasion of personal privacy.

 

"Imaging Products" means any digital images, videos, or measurements collected or produced by Department of State Police personnel.  These may include, but are not limited to, digital animations, charts, or other digital media produced by Department of State Police personnel.

 

"Requester" means a person or other entity that requests imaging products from the Department.

 

(Source:  Amended at 42 Ill. Reg. 19238, effective October 10, 2018)

 

Section 1298.30  Request Procedures

 

a)         A requester shall complete an Imaging Request Form for each imaging product request.

 

b)         Each request shall include the appropriate fee established in Section 1298.40, for the particular image product requested.  The payment of fees, established in Section 1298.40, shall be made by certified check, money order or personal check made payable to the State Police Services Fund; cash will not be accepted.

 

c)         The Department shall not process any request until a correctly completed Imaging Request Form and the appropriate fee is received.  The Department shall return any incorrect or incomplete Imaging Request Form and fee to the requester.

 

d)         All imaging products will be provided to the requester in a digital format.

 

e)         Graphic images will only be provided to the requester if the Imaging Request Form is accompanied by a subpoena or notarized permission of the individual depicted in the graphic image.  If the individual depicted in the graphic image is deceased or lacks capacity to grant permission, the Imaging Request Form must be accompanied by notarized permission of that individual's legal representative.

 

f)         All requested imaging products shall be sent to the requester by U.S. Mail unless other arrangements are made and paid for by the requester.

 

g)         The requester shall not reproduce, license, sell, or further distribute imaging products without the written consent of the Department.

 

h)         Imaging products will only be provided to requesters in compliance with the exemptions to the Illinois Freedom of Information Act [5 ILCS 140/7].

 

i)          Imaging products will be provided to the requester in the electronic format in which they are maintained by the Department.

 

(Source:  Amended at 42 Ill. Reg. 19238, effective October 10, 2018)

 

Section 1298.40  Fees

 

The fees reflect the costs incurred to reproduce the particular imaging products.  Fees shall be deposited into the State Police Services Fund or as otherwise legally required.  The fees shall be as follows:

 

a)         Optical CD/DVD containing imaging products (<80 MB)               $20

 

b)         Optical CD/DVD containing imaging products (80-160 MB)           $40

 

c)         Optical CD/DVD containing imaging products (>160 MB)              $100

 

d)         Flash drive containing imaging products (<80 MB)                          $40

 

e)         Flash drive containing imaging products (80-160 MB)                     $60

 

f)         Flash drive containing imaging products (>160 MB)                        $120

 

(Source:  Amended at 42 Ill. Reg. 19238, effective October 10, 2018)