ILCS » Chapter 775 · Act 40
Illinois Compiled Statutes

775 ILCS 40/35 (2026)

Duties

✓ current as of May 2026
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(775 ILCS 40/35)
    Sec. 35. Duties. The Commission shall have the following duties and powers:
        (1) To establish the criteria and screening process
    
to be used to determine which cases shall be accepted for review.
        (2) To conduct inquiries into claims of torture.
        (3) To coordinate the investigation of cases accepted
    
for review.
        (4) To maintain records for all case investigations.
        (5) To prepare written reports outlining Commission
    
investigations and recommendations to the trial court at the completion of each inquiry.
        (6) To apply for and accept any funds that may become
    
available for the Commission's work from government grants, private gifts, donations, or bequests from any source.
(Source: P.A. 99-688, eff. 7-29-16.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2016–2024 · leading case: People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016).
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People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). · cites it 3× “” 775 ILCS 40/35 (West 2010). ¶ 68 A claim of torture may be referred to the Commission by any court, person, or agency.”
People v. Fair, 2024 IL 128373 (Ill. 2024). “See 775 ILCS 40/35 (West 2018) (duties include conducting inquiries into claims of torture); What Can the Commission Do, Torture Inquiry & Relief Comm’n, https://tirc.”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). · cites it 2× “" 775 ILCS 40/35 (West 2012). The Torture Act defines a "claim of torture" as: "a claim on behalf of a living person convicted of a felony in Illinois asserting that he was tortured into confessing to the crime for which the person was convicted and the tortured confession was…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). · cites it 2× “" 775 ILCS 40/35 (West 2012). The Torture Act defines a "claim of torture" as: "a claim on behalf of a living person convicted of a felony in Illinois asserting that he was tortured into confessing to the crime for which the person was convicted and the tortured confession was…”
People v. Allen, 2016 IL App (1st) 142125 (Ill. App. Ct. 2016). “775 ILCS 40/35(2) (West 2012). Read in conjunction with the Act’s opening definition, a more logical reading of this “priority” clause is that it recognizes that persons may be serving sentences on a number of convictions on completely different offenses, and that those who are…”
— 775 ILCS 40/35(2) — 2 cases
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/35 (West 2010). ¶ 68 A claim of torture may be referred to the Commission by any court, person, or agency.”
People v. Allen, 2016 IL App (1st) 142125 (Ill. App. Ct. 2016). “775 ILCS 40/35(2) (West 2012). Read in conjunction with the Act’s opening definition, a more logical reading of this “priority” clause is that it recognizes that persons may be serving sentences on a number of convictions on completely different offenses, and that those who are…”
— 775 ILCS 40/35(5) — 1 case
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “” 775 ILCS 40/35 (West 2010). ¶ 68 A claim of torture may be referred to the Commission by any court, person, or agency.”
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