2023 Illinois Compiled Statutes › Chapter 775 - HUMAN RIGHTS › 775 ILCS 40/ - Illinois Torture Inquiry and Relief Commission Act.

(775 ILCS 40/1)
Sec. 1. Short title. This Act may be cited as the Illinois Torture Inquiry and Relief Commission Act.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
(1) "Claim of torture" means a claim on behalf of a living
person convicted of a felony in Illinois asserting that he was
tortured into confessing to the crime for which the person was
convicted and the tortured confession was used to obtain the
conviction and for which there is some credible evidence
related to allegations of torture occurring within a county of more than 3,000,000 inhabitants.
(2) "Commission" means the Illinois Torture Inquiry and
Relief Commission established by this Act.
(3) "Convicted person" means the person making a claim of torture under this Act.
(4) "Director" means the Director of the Illinois Torture
Inquiry and Relief Commission.
(5) "Victim" means the victim of the crime, or if the
victim of the crime is deceased, the next of kin of the victim, which shall be the parent, spouse, child, or sibling of the deceased victim.
(Source: P.A. 99-688, eff. 7-29-16.)
(775 ILCS 40/10)
Sec. 10. Purpose of Act. This Act establishes an
extraordinary procedure to investigate and determine factual
claims of torture related to allegations of torture that shall
require an individual to voluntarily waive rights and
privileges as described in this Act.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/15)
Sec. 15. Commission established.
(a) There is established the Illinois Torture Inquiry and
Relief Commission. The Illinois Torture Inquiry and Relief
Commission shall be an independent commission under the Illinois Human Rights Commission for
administrative purposes.
(b) The Illinois Human Rights Commission shall
provide administrative support to the Commission as needed. The
Executive Director of the Illinois Human Rights Commission shall not reduce or modify the budget of the Commission or use
funds appropriated to the Commission without the approval of
the Commission.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/20)
Sec. 20. Membership; chair; meetings; quorum.
(a) The Commission shall consist of 8 voting members as
follows:
(1) One shall be a retired Circuit Court Judge.
(2) One shall be a former prosecuting attorney.
(3) One shall be a law school professor.
(4) One shall be engaged in the practice of criminal         defense law.
(5) Three shall be members of the public who are not         attorneys and who are not officers or employees of the     Judicial branch.
(6) One shall be a former public defender.
The members of the Commission shall be appointed by the Governor, with the advice and consent of the Senate.  Members may be re-appointed for additional terms, as provided for under Section 25.
(a-1) The Governor shall also appoint
alternate Commission members for the Commission members he or
she has appointed to serve in the event of scheduling
conflicts, conflicts of interest, disability, or other
disqualification arising in a particular case. Where an alternate member is called upon to serve in a particular place, the alternate member shall vote in the place of, and otherwise exercise the same powers as, the member which he or she is replacing.  The alternate
member shall have the same qualifications for appointment as
the original member. In making the appointments, the Governor shall make a good faith effort to appoint members
with different perspectives of the justice system. The
Governor shall also consider geographical
location, gender, and racial diversity in making the
appointments.
(b) The retired judge who is appointed as a member under subsection
(a) shall serve as Chair of the Commission. The Commission
shall have its initial meeting no later than one month after the appointment of a quorum of members of the Commission,
at the call of the Chair. The Commission shall meet a minimum
of once every 6 months and may also meet more often at the call
of the Chair. The Commission shall meet at such time and place
as designated by the Chair, in accordance with the provisions of the Open Meetings Act. Notice of the meetings shall be
given at such time and manner as provided by the rules of the
Commission, in accordance with the provisions of the Open Meetings Act. A majority of the voting members shall constitute a
quorum. All Commission votes shall be by majority vote of the voting members appointed.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/25)
Sec. 25. Terms of members; compensation; expenses.
(a) Of the initial members, the appointments under clauses (a)(3) and (6) of Section 20 shall be for
one-year terms, the appointments under clauses (a)(1), (2), and (4) of Section 20 shall be for 2-year terms, and the
appointments under clause (a)(5) of Section 20 shall be for 3-year terms. Thereafter, all terms
shall be for 3 years. Members of the Commission shall serve no
more than 2 consecutive 3-year terms plus any initial term of
less than 3 years. Unless provided otherwise by this Act, all
terms of members shall begin on January 1 and end on December
31.
Members serving by virtue of elective or appointive office,
may serve only so long as the office holders hold those
respective offices. The Chief Judge of the Cook County Circuit
Court may remove members for good cause shown. Vacancies occurring
before the expiration of a term shall be filled in the manner
provided for the members first appointed.
(b) The Commission members shall receive no salary for
serving, but may be reimbursed for reasonable expenses incurred as a result of their duties as members of the Commission from funds appropriated by the General Assembly for that purpose, or from funds obtained from sources other than the General Assembly.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/30)
Sec. 30. Director and other staff.     The Commission shall
employ a Director. The Director shall be an attorney licensed
to practice in Illinois at the time of appointment and at all
times during service as Director. The Director shall assist the
Commission in developing rules and standards for cases accepted
for review, coordinate investigation of cases accepted for
review, maintain records for all case investigations, prepare
reports outlining Commission investigations and
recommendations to the trial court, and apply for and accept on
behalf of the Commission any funds that may become available
from government grants, private gifts, donations, or bequests
from any source.
Subject to the approval of the Chair, the Director shall
employ such other staff and shall contract for services as is
necessary to assist the Commission in the performance of its
duties, and as funds permit.
The Commission may meet in an area provided by the
Illinois Human Rights Commission, or any other State agency. The
Illinois Human Rights Commission shall provide, directly or through any other State agency,
office space for the Commission and the Commission staff.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/35)
Sec. 35. Duties.     The Commission shall have the following
duties and powers:
(1) To establish the criteria and screening process     to     be used to determine which cases shall be accepted for     review.
(2) To conduct inquiries into claims of torture.
(3) To coordinate the investigation of cases accepted         for review.
(4) To maintain records for all case investigations.
(5) To prepare written reports outlining Commission         investigations and recommendations to the trial court at     the completion of each inquiry.
(6) To apply for and accept any funds that may become         available for the Commission's work from government     grants, private gifts, donations, or bequests from any     source.
(Source: P.A. 99-688, eff. 7-29-16.)
(775 ILCS 40/40)
Sec. 40. Claims of torture; waiver of convicted person's
procedural safeguards and privileges; formal inquiry;
notification of the crime victim.
(a) A claim of torture may be referred to the Commission by
any court, person, or agency. The Commission shall not consider
a claim of torture if the convicted person is deceased. The
determination of whether to grant a formal inquiry regarding
any other claim of torture is in the discretion of the
Commission. The Commission may informally screen and dismiss a
case summarily at its discretion.
(b) No formal inquiry into a claim of torture shall be made
by the Commission unless the Director or the Director's
designee first obtains a signed agreement from the convicted
person in which the convicted person waives his or her
procedural safeguards and privileges including but not limited to the right against self-incrimination under the United States Constitution and the Constitution of the State of Illinois, agrees to cooperate with
the Commission, and agrees to provide full disclosure regarding
inquiry requirements of the Commission. The waiver under this
subsection does not apply to matters unrelated to a convicted
person's claim of torture. The convicted person shall have the
right to advice of counsel prior to the execution of the
agreement and, if a formal inquiry is granted, throughout the
formal inquiry. If counsel represents the convicted person,
then the convicted person's counsel must be present at the
signing of the agreement. If counsel does not represent the
convicted person, the Commission Chair shall determine the
convicted person's indigency status and, if appropriate, enter
an order for the appointment of counsel for the purpose of
advising on the agreement.
(c) If a formal inquiry regarding a claim of torture is
granted, the Director shall use all due diligence to notify the
victim in the case and explain the inquiry process. The
Commission shall give the victim notice that the victim has the
right to present his or her views and concerns throughout the
Commission's investigation.
(d) The Commission may use any measure provided in the Code
of Civil Procedure and the Code of Criminal Procedure of 1963
to obtain information necessary to its inquiry. The Commission
may also do any of the following: issue subpoenas or other process to compel the
attendance of witnesses and the production of evidence,
administer oaths, petition the Circuit Court of Cook County or
of the original jurisdiction for enforcement of process or for
other relief, and prescribe its own rules of procedure. All
challenges with regard to the Commission's authority or the
Commission's access to evidence shall be heard by the Circuit Court of Cook County, including
any in camera review.
(e) While performing duties for the Commission, the
Director or the Director's designee may serve subpoenas or
other process issued by the Commission throughout the State in
the same manner and with the same effect as an officer
authorized to serve process under the laws of this State.
(f) All State discovery and disclosure statutes in effect
at the time of formal inquiry shall be enforceable as if the
convicted person were currently being tried for the charge for
which the convicted person is claiming torture.
(g) If, at any point during an inquiry, the convicted
person refuses to comply with requests of the Commission or is
otherwise deemed to be uncooperative by the Commission, the
Commission shall discontinue the inquiry.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/45)
Sec. 45. Commission proceedings.
(a) At the completion of a formal inquiry, all relevant
evidence shall be presented to the full Commission. As part of
its proceedings, the Commission may conduct hearings.
The determination as to whether to conduct hearings is
solely in the discretion of the Commission. Any hearing
held in accordance with this Section shall be a public hearing and shall be held subject to the
Commission's rules of operation, and
conducted pursuant to the Open Meetings Act.
(b) The Director shall use all due diligence to notify the
victim at least 30 days prior to any proceedings of the full
Commission held in regard to the victim's case. The Commission
shall notify the victim that the victim is permitted to attend
proceedings otherwise closed to the public, subject to any
limitations imposed by this Act, and
subject to  Section 2(c)(14) of the Open Meetings Act. If the victim plans to attend
proceedings otherwise closed to the public, the victim shall
notify the Commission at least 10 days in advance of the
proceedings of his or her intent to attend. The Commission may close any portion of the
proceedings to the victim, if the victim is to testify and the Commission determines that the victim's testimony would be materially affected if the victim hears other testimony at the proceeding.
(c) After hearing the evidence, the full Commission shall
vote to establish further case disposition as provided by this
subsection. All 8 voting members of the Commission shall
participate in that vote.
If 5 or more of the 8 voting members of the Commission
conclude by a preponderance of the evidence that there is sufficient evidence of torture to merit
judicial review, the case shall be referred to the Chief Judge
of the Circuit Court of Cook County by filing with the clerk of
court the opinion of the Commission with supporting findings of
fact, as well as the record in support of such opinion, with
service on the State's Attorney in non-capital cases and
service on both the State's Attorney and Attorney General in
capital cases.
If less than 5 of the 8 voting members of the Commission
conclude by a preponderance of the evidence that there is sufficient evidence of torture to merit
judicial review, the Commission shall conclude there is
insufficient evidence of torture to merit judicial review. The
Commission shall document that opinion, along with supporting
findings of fact, and file those documents and supporting
materials with the court clerk in the circuit of original
jurisdiction, with a copy to the State's Attorney and the chief
judge.
The Director of the Commission shall use all due diligence
to notify immediately the victim of the Commission's conclusion
in a case.
(d) Evidence of criminal acts, professional misconduct, or
other wrongdoing disclosed through formal inquiry or
Commission proceedings shall be referred to the appropriate
authority. Evidence favorable to the convicted person
disclosed through formal inquiry or Commission proceedings
shall be disclosed to the convicted person and the convicted
person's counsel, if the convicted person has counsel.  The Commission shall have the discretion to refer its findings together with the supporting record and evidence, to such other parties or entities as the Commission in its discretion shall deem appropriate.
(e) All proceedings of the Commission shall be recorded and
transcribed as part of the record. All Commission member votes
shall be recorded in the record. All records of
the Commission shall be confidential until the proceedings before the Commission are concluded and a final decision has been made by the Commission.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/50)
Sec. 50. Post-commission judicial review.
(a) If the Commission concludes there is sufficient
evidence of torture to merit judicial review, the Chair of the
Commission shall request the Chief Judge of the Circuit Court
of Cook County for assignment to a trial judge for
consideration. The court may receive proof by affidavits,
depositions, oral testimony, or other evidence. In its
discretion the court may order the petitioner brought before
the court for the hearing. Notwithstanding the status of any other postconviction proceedings relating to the petitioner, if the court finds in favor of the
petitioner, it shall enter an appropriate order with respect to
the judgment or sentence in the former proceedings and such
supplementary orders as to rearraignment, retrial, custody,
pretrial release or discharge, or for such relief as may be granted under a petition for a certificate of innocence, as may be necessary and proper.
(b) The State's Attorney, or the State's Attorney's
designee, shall represent the State at the hearing before the
assigned judge.
(Source: P.A. 101-652, eff. 1-1-23.)
(775 ILCS 40/55)
Sec. 55. No right to further review of decision by
Commission; convicted person retains right to other
postconviction relief.
(a) Unless otherwise authorized by this Act, the decisions
of the Commission are final and are subject to review as final decisions under the provisions of the Administrative Review Law, and shall only be overturned if the court finds that they are against the manifest weight of the evidence.
(b) A claim of torture asserted through the Commission
shall not adversely affect the convicted person's rights to
other postconviction relief.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/60)
Sec. 60. Report. Beginning January 1, 2010, and annually
thereafter, the Illinois Torture Inquiry and Relief Commission
shall report on its activities to the General Assembly and the
Governor. The report may contain recommendations of any needed
legislative changes related to the activities of the
Commission. The report shall recommend the funding needed by
the Commission, the State's Attorneys, and the Illinois State Police in order to meet their responsibilities under this
Act. Recommendations concerning the State's Attorneys or the
Illinois State Police shall only be made after
consultations with the Illinois State's Attorneys Association, the Illinois State Police,
and the Attorney General.
(Source: P.A. 102-538, eff. 8-20-21.)
(775 ILCS 40/65)
Sec. 65. Appointment period.    The initial members of the Illinois Torture
Inquiry and Relief Commission shall be appointed not later than
3 months after the effective date of this Act. No claims of torture may be filed with the
Commission until a quorum of members have been appointed.
(Source: P.A. 96-223, eff. 8-10-09.)
(775 ILCS 40/70)
Sec. 70. Filing of claims.    This Act applies to claims of torture filed not later than 10 years after the effective date of this Act.
(Source: P.A. 99-688, eff. 7-29-16.)
(775 ILCS 40/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 96-223, eff. 8-10-09.)