Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.10 - Definition of Terms

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Torture Inquiry and Relief Commission
				Act [ 775 ILCS 40 ].
"Alternate member" means an individual appointed by the
				Governor to serve in the stead of a Commission member who cannot participate in
				a Commission vote due to scheduling conflicts, conflict of interest, disability
				or other disqualifications (see 2 Ill. Adm.
				3500.10(c)
				).
"Chair" means the chair of the Commission, who is the retired
				judge appointed to the Commission by the Governor.
"Claim of torture" means a claim on behalf of a living
				person convicted of a felony in Illinois asserting that the person 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.
[
				775 ILCS
				40/5(1) ]
"Commission"
or "TIRC"
means the
				Illinois Torture Inquiry and Relief Commission
. [
				775 ILCS
				40/5(2) ]
"Convicted person" means the person
assertin
g a claim of torture under
the
Act.
[
				775 ILCS
				40/5(3) ]
"Director"
means the Director of the
				Commission,
who is an attorney licensed to practice in Illinois. The
				Director
a
ssist
s
the Commission in developing
				rules and standards for cases accepted for review, coordinating investigation
				of cases accepted for review, maintaining records for all case investigation,
				preparing reports outlining Commission investigations and recommendations to
				the trial court, and applying for and accepting on behalf of the Commission any
				funds that may become available from government grants, private gifts,
				donations, or bequests from any source.
[
				775 ILCS
				40/30 ]
"Occurring within a county of more than 3,000,000 inhabitants"
				means that the felony conviction at issue in the claim of torture occurred in
				the courts of a county of more than 3,000,000 inhabitants. (See Section 5(1) of
				the Act.)
"Tortured Confession" includes any incriminating statement,
				vocalization or gesture alleged by police or prosecutors to have been made by a
				convicted person that the convicted person alleges were a result of (or, if the
				convicted person denies making the statements, occurred shortly after)
				interrogation that the convicted person claims included torture. (See
				775 ILCS
				40/5(1).)
"Torture" means any act by which severe pain or suffering,
				whether physical or mental, is intentionally inflicted on a person for the
				purpose of obtaining from that person a confession to a crime. (See
				775 ILCS
				40/5(1).)
"Victim" means the victim of the crime
of
				which the person claiming torture has been convicted, including
, if
				that person is deceased, the next of kin of that person, which shall be the
				parent, spouse, child, or sibling of the deceased.
[
				775 ILCS
				40/5(5) ]