ILCS » Chapter 775 · Act 40
Illinois Compiled Statutes

775 ILCS 40/55 (2026)

No right to further review of decision by Commission; convicted person retains right to other postconviction relief

✓ current as of May 2026
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(775 ILCS 40/55)
    Sec. 55. No right to further review of decision by Commission; convicted person retains right to other postconviction relief.
    (a) Unless otherwise authorized by this Act, the decisions of the Commission are final and are subject to review as final decisions under the provisions of the Administrative Review Law, and shall only be overturned if the court finds that they are against the manifest weight of the evidence.
    (b) A claim of torture asserted through the Commission shall not adversely affect the convicted person's rights to other postconviction relief.
(Source: P.A. 96-223, eff. 8-10-09.)

    
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2016–2025 · leading case: People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022).
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People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). · cites it 3× “775 ILCS 40/55(a) (West 2018). In turn, by operation of section 3-102, the Administrative Review Law (article III of the Code) “shall apply to and govern every action to review judicially a final decision” by the TIRC.”
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). · cites it 2× “8 Instead, the State is simply highlighting the 8 We note that the State pointed out at oral argument that it is not entirely clear whether the State has the right to appeal the Commission’s decision under section 55 of the Act (775 ILCS 40/55 (West 2010)) since, as we explain…”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “) 775 ILCS 40/50(a) (West 2014). Similarly, section 55 provides that "[a] claim of torture asserted through the Commission shall not adversely affect the convicted person's rights to other postconviction relief.”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “) 775 ILCS 40/55(b) (West 2014). We understand the General Assembly, in these provisions, to refer to a TIRC claim as one species of postconviction proceeding.”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/55(a) (West 2012). "The Administrative Review Law provides that parties to a proceeding before an administrative review agency shall be barred from obtaining judicial review of an agency's administrative decision unless review is sought within the time and manner…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/55(a) (West 2012). "The Administrative Review Law provides that parties to a proceeding before an administrative review agency shall be barred from obtaining judicial review of an agency's administrative decision unless review is sought within the time and manner…”
People v. Murry, 2025 IL App (1st) 232338 (Ill. App. Ct. 2025). · cites it 4× “See 775 ILCS 40/55(a) (West 2022) (“the decisions of the Commission are final and are subject to review as final decisions under the provisions of the Administrative Review Law, and shall only be overturned if the court finds that they are against the manifest weight of the…”
People v. Mahaffey, 2020 IL App (1st) 170229-U (Ill. App. Ct. 2020). · cites it 2× “” 775 ILCS 40/55(b) (West 2016). ¶ 42 In People v.”
— 775 ILCS 40/55(a) — 5 cases
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). “775 ILCS 40/55(a) (West 2018). In turn, by operation of section 3-102, the Administrative Review Law (article III of the Code) “shall apply to and govern every action to review judicially a final decision” by the TIRC.”
People v. Christian, 2016 IL App (1st) 140030 (Ill. App. Ct. 2016). “8 Instead, the State is simply highlighting the 8 We note that the State pointed out at oral argument that it is not entirely clear whether the State has the right to appeal the Commission’s decision under section 55 of the Act (775 ILCS 40/55 (West 2010)) since, as we explain…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/55(a) (West 2012). "The Administrative Review Law provides that parties to a proceeding before an administrative review agency shall be barred from obtaining judicial review of an agency's administrative decision unless review is sought within the time and manner…”
Mitchell v. People, 2016 IL App (1st) 141109 (Ill. App. Ct. 2016). “" 775 ILCS 40/55(a) (West 2012). "The Administrative Review Law provides that parties to a proceeding before an administrative review agency shall be barred from obtaining judicial review of an agency's administrative decision unless review is sought within the time and manner…”
People v. Murry, 2025 IL App (1st) 232338 (Ill. App. Ct. 2025). “See 775 ILCS 40/55(a) (West 2022) (“the decisions of the Commission are final and are subject to review as final decisions under the provisions of the Administrative Review Law, and shall only be overturned if the court finds that they are against the manifest weight of the…”
— 775 ILCS 40/55(b) — 3 cases
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “) 775 ILCS 40/50(a) (West 2014). Similarly, section 55 provides that "[a] claim of torture asserted through the Commission shall not adversely affect the convicted person's rights to other postconviction relief.”
People v. Gibson, 2018 IL App (1st) 162177 (Ill. App. Ct. 2018). “) 775 ILCS 40/55(b) (West 2014). We understand the General Assembly, in these provisions, to refer to a TIRC claim as one species of postconviction proceeding.”
People v. Mahaffey, 2020 IL App (1st) 170229-U (Ill. App. Ct. 2020). “” 775 ILCS 40/55(b) (West 2016). ¶ 42 In People v.”
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