(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.) |