Ill. Admin. Code tit. 2, § 3500.375 - Formal Inquiry
a) If the
claim is not summarily dismissed, a formal inquiry will be initiated by the
Director on behalf of the Commission. In conducting the formal
inquiry, any measure provided in the Code of Civil Procedure [
735 ILCS 5 ] and the Code of Criminal Procedure of 1963 [ 725
ILCS 5 ] may be used to obtaininformation necessary to
the inquiry, including but not limited to:
1) Issuing and serving
subpoenas or other process to compel the attendance of
witnesses and the production of evidence;
2)
Administering
oaths;
3) Issuing written
interrogatories;
4) Conducting oral
depositions;
5) Petitioning the
appropriate Circuit Court for enforcement of process or for other
relief, such as contempt; [
775
ILCS 40/40(d) ]
6) Conducting physical and/or psychological
examinations of the convicted person to ascertain evidence of
torture;
7) Hiring experts or other
specialists as needed to assist the Commission in the inquiry; and
8) Conducting on-site visits to detention
centers or other locations where torture is alleged to have taken
place.
b)
AllStatediscovery and disclosure
statutes in effect at the time of the 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. [
775
ILCS 40/40(f) ]
c) Prioritization of Inquiries
1) In prioritizing formal and informal
inquiries, the Commission considers several factors, including but not limited
to:
A) whether the claimant is currently
incarcerated solely for the crime to which the convicted person claims
torture;
B) whether the claimant's
allegations involve former Chicago Police Commander Jon Burge, officers under
Burge's supervision, or officers formerly under Burge's supervision;
C) the order in which the claims were filed;
and
D) the efficient workflow of
the Commission.
2) No
one factor is dispositive and weight of the factors is determined by the
Director, subject to the supervision of the Chairman and the
Commission.
d)
All records of the Commission are confidential until the proceedings
before the Commission are concluded and a final decision has been made by the
Commission. [
775 ILCS
40/45(e) ]
e) If a witness is represented by counsel,
the witness is entitled to have counsel present and to consult with counsel at
any interview or formal testimony. Counsel may provide information in writing
or make requests of the Commission. Nevertheless, counsel has no right to
examine witnesses or to participate as if a party to litigation.
f)
If, at any point during an
inquiry, the convicted person refuses to comply with requests of the Commission
or is otherwise deemed uncooperative by
theCommission, the Commission shall
discontinue the inquiry. [
775
ILCS 40/40(g) ] The Director may
recommend that the inquiry be terminated. The Commission shall vote to accept
or reject the Director's recommendation by majority vote of the voting members
appointed. At least 4 votes are required to accept a recommendation to
terminate a claim.
g) Whenever any
person knowingly fails or refuses to comply with a subpoena served in
accordance with this Section, the Commission will petition the appropriate
Circuit Court for an order enforcing the subpoena.
h)
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 formal 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. [
775
ILCS 40/40(c) ] A victim shall have
the right to present his or her views and concerns in writing throughout the
Commission's investigation. A victim shall also have the right to present oral
comments during the Commission's public comment period, and will, at the
discretion of the Chair, ordinarily be permitted to speak before other persons
make public comments. At any meeting at which a claim is scheduled for decision
by the Commission, a victim, if present, shall be permitted to present oral
comments before the Commission decides the claim. The victim shall abide by the
rules applicable to comments set forth in Section
3500.310(e).
i) At the completion of the formal inquiry,
the Director shall report the results and his or her recommendation to the full
Commission. The written report will summarize all the relevant evidence,
include the reasons for the recommendation, and present any other matters
necessary for the Commission to make an informed decision regarding the claim.
Following transmission of the Director's report and recommendation, the
Commission may elect to receive additional evidence in the form of an
evidentiary proceeding under Section
3500.380.
In all other cases, the Commission shall vote to decide the disposition of the
claim as set forth in Section
3500.385.
Notes
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