Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.350 - Waiver of Convicted Person's Procedural Safeguards and Privileges

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director
				determines that the Claim Form satisfies the requirements of the initial
				screening, the Director, or the Director's designee, will obtain a properly
				signed and witnessed Waiver Form (see 20 Ill. Adm. Code 2000. Appendix C) from
				the convicted person before proceeding further.
b) The
convicted person
must
				sign
a
written waiver 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,
only as
				those safeguards and privileges pertain to the offense for which the person was
				convicted and with respect to which the person is claiming torture. The
				convicted person must also agree
to cooperate fully with the Commission
				and agree to provide full disclosure regarding the
torture
inquiry. The waiver does not apply to matters unrelated to a convicted
				person's claim of torture.
[775
				ILCS 40/40(b)]
c)
The convicted person has the right
				to advice of counsel
before
the execution of the
waiver and,
if a formal inquiry is
initiated,
throughout the
duration of the
formal inquiry. If
				counsel represents the convicted person, the convicted person's counsel must be
				present at the signing of the
waiver. [775
				ILCS 40/40]
d)
If the convicted person is not
				represented by counsel, the Commission Chair shall determine if the person is
				indigent and, if so, enter an order providing for the appointment of counsel
				for the purpose of advising on the
waiver and representing the
				convicted person at any waiver or interview session with the Commission.
				[775
				ILCS 40/40] Appointment may be of a volunteer attorney
				acting in a pro bono capacity or paid for by TIRC. The determination of
				indigency shall be made by having the convicted person complete and send to the
				Director an Application for Appointed Counsel Based Upon Indigency contained in
				20 Ill. Adm. Code 2000. Appendix G. The Director shall furnish an Application
				to the convicted person upon request. The Director shall forward a properly
				completed Application to the Chair for purpose of making the decision regarding
				indigency.
e) Appointment of
				counsel for the claimant shall be only for the purpose of advising the claimant
				on any Waiver Forms and representing the claimant during any initial
				waiver/interview sessions necessary to secure the Waiver Form and initially
				interview the claimant, as well as for any necessary subsequent communication
				directly relating to the initial waiver/interview session. However, it is
				permissible for the appointed counsel to continue, at the counsel's discretion,
				to represent the claimant for TIRC and other purposes on an unappointed
				basis.
f) If the convicted person
				refuses to sign the Waiver Form, the Director shall recommend to the Commission
				that the claim of torture be dismissed. The Commission shall vote to accept or
				reject the Director's recommendation by majority vote of the voting members
				appointed. At least 4 votes are required to accept a recommendation to dismiss
				a claim.
g) If the Director
				determines that the Waiver Form has been properly signed and witnessed, the
				claim shall proceed to Informal Inquiry under Section
				3500.360.
h) If a claimant is represented by counsel,
				contact with the claimant by the Commission shall be governed by Illinois Rule
				of Professional Conduct 4.2 (Rules of the Illinois Supreme Court, Article
				VIII). If, after a claimant has signed the Waiver Form, it becomes necessary to
				re-interview an unrepresented, indigent claimant about substantive factual
				matters or to obtain additional waivers, counsel for an indigent claimant shall
				again be appointed for that purpose. Additional contact between the
				unrepresented, indigent claimant and the Commission about clerical or
				insubstantial matters may be conducted without reappointing counsel.