(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.) |