Section 2000.10  Definition of Terms

 

"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 asserting 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 assists 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)]

 

(Source:  Amended at 41 Ill. Reg. 3951, effective March 17, 2017)

 

Section 2000.20  Duties and Powers of Commission

 

a)         The Commission is an independent commission created by statute to implement an extraordinary procedure to investigate and determine factual claims related to certain allegations of torture.

 

b)         The Commission has the duty and power to:

 

1)         Establish the criteria and screening process to be used to determine which cases shall be accepted for review;

 

2)         Conduct inquiries into claims of torture;

 

3)         Coordinate the investigation of cases accepted for review;

 

4)         Maintain records for all case investigations;

 

5)         Prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry;

 

6)         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 [775 ILCS 40/35]; and

 

7)         Create, amend and utilize such forms, discovery demands, and subpoenas as may be necessary to perform its duties and exercise its powers.

 

c)         In exercising its powers with respect to investigating claims, the Commission acts through its Director, subject to the general supervision of the Chair and, as appropriate, the Commission as a whole.

 

(Source:  Amended at 38 Ill. Reg. 19007, effective September 19, 2014)

 

Section 2000.30  Nature of Investigations

 

The Commission shall conduct all investigations in a professional and thorough manner, and all investigations shall be properly documented and result in a written report of findings and a decision. The Commission does not represent any individual, but instead functions solely to determine if a claim of torture is credible and merits judicial review for appropriate relief.

 

Section 2000.40  Subpoenas

 

a)         A subpoena may be issued to compel the attendance of witnesses.  The subpoena shall bear the current address and phone number of the Commission, a citation to the statutory section authorizing the Commission to issue subpoenas, a unique TIRC subpoena number, the TIRC case number to which the subpoena relates, the address to which the witness is to report, the time at which the witness is to report and the signature of the Director or his or her designee.

 

b)        A subpoena duces tecum may be issued to compel the production of records, correspondence or other documents.  The subpoena shall bear the current address and phone number of the Commission, a citation to the statutory section authorizing the Commission to issue subpoenas, a unique TIRC subpoena number, the TIRC case number to which the subpoena relates, a description of the records sought, the date by which the records are to be returned and the signature of the Director or his or her designee.

 

c)         Witness and mileage fees shall be the same as are paid witnesses in the Circuit Courts of the State of Illinois, as set forth in Section 4.3 of the Circuit Courts Act [705 ILCS 35/4.3].

 

d)        Service on the subpoenaed person shall be by personal service, certified mail or facsimile, or by leaving a copy at the principal office or place of business of a subpoenaed corporation or partnership. A subpoena shall be served reasonably in advance of its return date.

 

(Source:  Amended at 38 Ill. Reg. 19007, effective September 19, 2014)

 

Section 2000.50  Relief

 

a)         If the Commission concludes there is sufficient evident of torture to merit judicial review, the Chair shall request the Chief Judge of the Circuit Court of Cook County to assign the case to a trial judge for consideration of the evidence and the appropriate relief.  [775 ILCS 40/50(a)]

 

b)         The Chair shall recommend that the case be assigned to a judge other than the judge who tried the criminal case and other than the judge who presided over any previous post-conviction proceedings.

 

c)         The Commission has no authority to award monetary compensation, even if it concludes there is sufficient evidence of torture to merit judicial review for other relief.

 

d)         A claim of torture asserted through the Commission does not adversely affect the convicted person's rights to other post-conviction relief.

 

e)         The Commission has the discretion to refer its findings and written decision, along with the supporting record and evidence, to such other parties or entities as the Commission deems appropriate.  [775 ILCS 40/45(d)]

 

Section 2000.60  Review of Decisions

 

a)         The decisions of the Commission are final and are subject to review as final decisions under the Administrative Review Law [735 ILCS 5/Art. III] pursuant to which the decision may be overturned only if the court finds that it is against the manifest weight of the evidence. [775 ILCS 40/55(a)]

 

b)         To facilitate judicial review by the Court, the Director shall file an administrative record.  The administrative record filed with the Court shall consist of:

 

1)         A decision stating the Commission's findings;

 

2)         Any transcripts, statements, testimony or other evidentiary material presented to all of the Commissioners when the Commissioners reviewed the case;

 

3)         A copy of an audio recording of the Commission's deliberations about the case.  If, through a malfunctioning recording device or other mistake, a recording is not available, the Director shall substitute the portion of the minutes of the meeting or meetings describing the Commission's discussion and votes about the case.

 

(Source:  Amended at 38 Ill. Reg. 19007, effective September 19, 2014)

Section 2000.APPENDIX A   Employee Confidentiality Agreement

 

ILLINOIS TORTURE INQUIRY AND RELIEF COMMISSION

 

Employee Confidentiality Agreement

 

It is the policy of the Illinois Torture Inquiry and Relief Commission (TIRC) to protect the confidentiality it receives, including information about investigations, confidential informants, and other sensitive information. As part of your employment with TIRC you may have access to, among other things, TIRC electronic data, investigation files, and other sensitive information, which is subject to the following conditions:

 

I,______________________________________, understand that the information that I encounter during my employment at TIRC is confidential. I also understand that disclosure of that information to any individual outside of TIRC could compromise an investigation. I agree to respect the confidentiality of individuals to whose records and identity I have access. If I have a question regarding the confidentiality of a particular piece of information, I will ask the Director of TIRC for advice.

 

With regard to electronic data, I,___________________________________, also understand that all such information is confidential, including the fact that an investigation has been opened.  Access or use of electronic data is restricted to TIRC business and may not be used for other purposes or to satisfy personal curiosity. I agree to follow the policies and procedures established by TIRC for the use of the electronic data. Failure to do so may result in the revocation of my ability to access the data and/or disciplinary action, including termination of my employment.

 

I agree, by my signature below, that, absent authority by law or the express written consent of the Director, I will never disclose the existence of an investigation, its progress, its resolution, the TIRC recommendation, or any information about an investigation to any party other than the employees of TIRC and/or a Commission member. I understand that, even should the investigation become public, I am not permitted to discuss the investigation with anyone absent the express, written consent of the Director. I also understand that, upon termination of my employment with TIRC, I continue to be bound by this agreement and will not discuss even the existence of an investigation with anyone.

 

I understand that my failure to abide by this agreement may result in my immediate termination or other appropriate disciplinary action.

 

 

 

 

Employee Signature

Date

 

Section 2000.APPENDIX B   Form to File Claim of Torture

 

FORM TO FILE CLAIM OF TORTURE WITH TIRC

 

1.	Name and current address of person claiming to have been tortured:

 

2.	Name and current address of person signing this form (if different than No. 1 above):

 

3.	Details of claimant's felony conviction based upon allegedly tortured confession:
a.		Circuit Court:
b.		Year:
c.		Crimes of Conviction:
d.		Sentence:
e.		Case Number (if known):

 

4.	Details of alleged torture:
a.		Law enforcement agency:
b.		Dates:
c.		Names of persons committing alleged torture:
d.		Brief description of alleged torture:

 

5.

As a result of the torture described above, did you confess to the offense of which you were convicted?

Yes

No

 

6.

If you did confess, was that confession used against you to obtain the conviction?

Yes

No

 

7.	Names and current addresses of persons who could support your claim:
a.
b.
c.
d.
e.

 

8.	Location of documentation supporting your claim:

 

 

 

Claimant or Person Signing on Claimant's Behalf		Date

 

 

Section 2000.APPENDIX C   TIRC Waiver Form

 

TIRC WAIVER FORM

 

I, __________________________________________________________________, was born on _____________________________________. I have not consumed any drugs or alcohol in the last 24 hours, other than prescription medication consisting of ______________________ ________________________________________________, and I am not under the influence of drugs or alcohol at the present time. I am otherwise of sound mind and body.

 

I have filed, or caused to be filed on my behalf a Claim of Torture with the Illinois Torture Inquiry and Relief Commission (TIRC). I am represented by counsel, ____________________, who is present or has stated in writing (attached to this Waiver) that she/he cannot be present. I have discussed this Waiver thoroughly with my counsel, and I am satisfied with the advice I have received. If my counsel is not present, I am comfortable proceeding in counsel's absence.

 

It is my understanding that the TIRC, by statute, cannot investigate my Claim if I refuse to sign this Waiver, and that is the reason I am voluntarily signing it. No promises or threats have been made to induce me to sign the Waiver, other than the fact that the TIRC will agree to investigate my Claim, in accordance with its rules and procedures. No promises have been made to me by anyone as to what the outcome of that investigation will be.

 

It is also my understanding that, by signing this Waiver, I am giving up my procedural safeguards and privileges, including, but not limited to, giving up my right not to incriminate myself under the United States Constitution and the Constitution of the State of Illinois, pertaining only to the offense of conviction regarding which I am claiming torture. Anything I say pertaining to that offense that might incriminate me can and will be used against me in the investigation and/or a court of law.  This waiver does not apply to matters unrelated to my claim of torture.

 

Finally, it is my understanding that I must continue to cooperate with the TIRC throughout the investigation into my claim of torture and that, if I refuse to cooperate at any time, the TIRC may terminate the investigation. I also realize that the TIRC has no power to award any money to me for any reason.

 

By signing this Waiver, I acknowledge that I have read this Waiver and discussed the terms of it with my counsel, and that is my free and voluntary decision to sign it. A copy of this signed Waiver will be provided to me.

 

 

Claimant		Date
Witness		Date

 

(Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014)

Section 2000.APPENDIX D   Subpoena and Certificate of Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 19007, effective September 19, 2014)

Section 2000.APPENDIX E   Subpoena Duces Tecum and Certificate of Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 19007, effective September 19, 2014)

Section 2000.APPENDIX F   Fee Schedule for Duplication and Certification of Records (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 19007, effective September 19, 2014)