Section 3500.385  Decisions

a)         All 8 voting members of the Commission, including alternate members if necessary, shall participate in the vote.

b)         If at least 5 voting members of the Commission decide by a preponderance of the evidence that there is sufficient evidence of torture to conclude that the claim is credible and merits judicial review for appropriate relief, the case shall be referred to the Chief Judge of the Circuit Court of Cook County by filing with the Clerk of the Court the written decision of the Commission, accompanied by findings of fact and the record in support of the written decision.  Any written dissents from the decision by a member of the Commission shall also be filed.  A copy of these materials shall be served on the State's Attorney.

c)         If fewer than 5 of the voting members decide by a preponderance of the evidence that there is sufficient evidence of torture to conclude that the claim is credible, the Commission shall determine that the claim of torture does not merit judicial review for appropriate relief. The Commission shall document that determination in a written decision, along with supporting findings of fact, and file those documents and supporting materials with the Court Clerk in the circuit of original jurisdiction, with a copy to the State's Attorney and the Chief Judge.  Any written dissents from the decision by a member of the Commission shall also be filed. [775 ILCS 40/45(c)]

d)         The Director shall notify both the convicted person and the victim in writing of the Commission's decision regarding the claim, and furnish them with a copy of the written decision.  This notice shall be given within 30 days after the written decision is issued by the Commission.