(a) All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. The regulations shall be developed to ensure reliable and accurate suspect identifications. In order to ensure reliability and accuracy, the regulations shall comply with, at a minimum, the following requirements: (1) Prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness shall provide the description of the perpetrator of the offense. (2) The investigator conducting the identification procedure shall use blind administration or blinded administration during the identification procedure. (3) The investigator shall state in writing the reason that the presentation of the lineup was not conducted using blind administration, if applicable. (4) An eyewitness shall be instructed of the following, prior to any identification procedure: (A) The perpetrator may or may not be among the persons in the identification procedure. (B) The eyewitness should not feel compelled to make an identification. (C) An identification or failure to make an identification will not end the investigation. (5) An identification procedure shall be composed so that the fillers generally fit the eyewitnessâ description of the perpetrator. In the case of a photo lineup, the photograph of the person suspected as the perpetrator should, if practicable, resemble his or her appearance at the time of the offense and not unduly stand out. (6) In a photo lineup, writings or information concerning any previous arrest of the person suspected as the perpetrator shall not be visible to the eyewitness. (7) Only one suspected perpetrator shall be included in any identification procedure. (8) All eyewitnesses shall be separated when viewing an identification procedure. (9) Nothing shall be said to the eyewitness that might influence the eyewitnessâ identification of the person suspected as the perpetrator. (10) If the eyewitness identifies a person he or she believes to be the perpetrator, all of the following shall apply: (A) The investigator shall immediately inquire as to the eyewitnessâ confidence level in the accuracy of the identification and record in writing, verbatim, what the eyewitness says. (B) Information concerning the identified person shall not be given to the eyewitness prior to obtaining the eyewitnessâ statement of confidence level and documenting the exact words of the eyewitness. (C) The officer shall not validate or invalidate the eyewitnessâ identification. (11) An electronic recording shall be made that includes both audio and visual representations of the identification procedures. Whether it is feasible to make a recording with both audio and visual representations shall be determined on a case-by-case basis. When it is not feasible to make a recording with both audio and visual representations, audio recording may be used. When audio recording without video recording is used, the investigator shall state in writing the reason that video recording was not feasible. (b) Nothing in this section is intended to affect policies for field show up procedures. (c) For purposes of this section, the following terms have the following meanings: (1) âBlind administrationâ means the administrator of an eyewitness identification procedure does not know the identity of the suspect. (2) âBlinded administrationâ means the administrator of an eyewitness identification procedure may know who the suspect is, but does not know where the suspect, or his or her photo, as applicable, has been placed or positioned in the identification procedure through the use of any of the following: (A) An automated computer program that prevents the administrator from seeing which photos the eyewitness is viewing until after the identification procedure is completed. (B) The folder shuffle method, which refers to a system for conducting a photo lineup by placing
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