Ill. Admin. Code tit. 2, § 3500.340 - Initial Screening of Claim Form
a) Upon receipt of the Claim Form, the
Director, or his or her designee, will conduct an initial screening of the
Claim Form to determine whether it satisfies the following minimum criteria
required for the Commission to consider a claim of torture:
1) The Claim Form is properly
completed;
2) The claim meets the
definition of "claim of torture" contained in 20 Ill. Adm. Code
2000.10;
and
3) The Claim Form is timely
filed by August 10, 2019. (See
775 ILCS
40/70.)
b) If the Claim Form is not properly
completed, the Director shall return it to the person who submitted it,
indicating why the Form has not been filed and giving the opportunity to
resubmit it.
c) If the Claim Form
is properly completed, the claim will be filed and assigned a claim
number.
d) If the claim meets the
definition of "claim of torture" contained in 20 Ill. Adm. Code 2000.10, the
claim shall proceed to the Waiver of Convicted Person's Procedural Safeguards
and Privileges under Section
3500.350.
The claim shall be set for investigation, in the manner and priority to be
determined by the Director, subject to Section
3500.375(c)
of this Part, and any direction by the Commission.
e) If the Claim Form demonstrates that the
claim does not meet the definition of "claim of torture" contained in 20 Ill.
Adm. Code 2000.10, the Director shall recommend in a written report to the
Commission that the claim be denied for the reasons specified in the report.
1) The Commission shall vote to accept or to
reject the Director's recommendation by majority vote of the voting members
appointed. At least 4 votes are required to accept a recommendation to deny a
claim.
2) If the Commission accepts
the recommendation to deny the claim, the Director shall notify the convicted
person, and the person filing the claim if other than the convicted person, in
writing that the claim was denied and the reasons for the denial.
Notes
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