2 Ill. Adm. Code 3500.340
Initial Screening of Claim Form
Section 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.