§ 12-5.1-8 - Maintenance and custody of records.
SECTION 12-5.1-8
§ 12-5.1-8 Maintenance and custody ofrecords. – (a) The contents of any wire, electronic, or oral communication intercepted byany means authorized by this chapter shall, if practicable, be recorded on tapeor wire or other comparable device. The recording of the contents of any wire,electronic, or oral communication under this section shall be done in such away as will protect the recording from editing or other alterations.Immediately upon the expiration of the period of the order, or extensions ofthe order, the recordings shall be made available to the presiding justice ofthe superior court issuing the order and sealed under his or her directions.Custody of the recordings shall be wherever the presiding justice of thesuperior court orders. They shall not be destroyed except upon an order of thepresiding justice of the superior court, and in any event, shall be kept forten (10) years. Duplicate recordings may be made for use or disclosure pursuantto the provisions of § 12-5.1-10(a) or (b) for investigations and bailhearings and any pre-trial hearings. The presence of the seal provided for bythis section, or a satisfactory explanation for its absence, shall be aprerequisite for the use or disclosure of the contents of any wire, electronic,or oral communication or evidence derived from them at any bail hearing orpre-trial hearing.
(b) Applications made and orders granted under this chaptershall be sealed by the presiding justice of the superior court. Custody of theapplications and orders shall be wherever the presiding justice of the superiorcourt directs. The applications and orders shall be disclosed only upon ashowing of good cause before the presiding justice of the superior court andshall not be destroyed except on order of the presiding justice of the superiorcourt, and in any event shall be kept for ten (10) years.
(c) Any violation of the provisions of this section may bepunished as contempt of the presiding justice of the superior court.