IL Attorney General introduces Conviction Integrity Unit

ILLINOIS (WCIA) — Illinois Attorney General Kwame Raoul has announced a new unit that is the first of its kind.

On Nov. 12, Raoul announced the creation of the first-ever Conviction Integrity Unit (CIU) within the Attorney General's office. This is the first targeted effort to evaluate the integrity of convictions in Illinois.

This unit will investigate claims of actual innocence to determine whether new, credible evidence substantially proves the innocence of those serving time for crimes they did not commit.

"Over the past five years, we have worked with state's attorneys, appellate justices, the Department of Justice and others to establish a unit within my office that would solely focus on reviewing wrongful convictions, seeking relief when warranted and preventing the devastation caused when someone is wrongfully convicted," Raoul said.

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The mission of CIU is to independently review past convictions to ensure justice, and to right the wrongs of any wrongful convictions within the state. The unit will partner with local state's attorneys, law enforcement and other criminal justice stakeholders to provide the resources needed to review and revisit previous convictions.

Specific eligibility requirements must be met by applicants. In general, however, CIU will let incarcerated people that were convicted by an Illinois state court as an adult of a forcible felony to petition for post-conviction review. The unit will conduct collaborative and good-faith case reviews to confirm the integrity of challenged convictions and overturn wrongful convictions.

For the CIU to review a case, an applicant must meet the following criteria:

Having been convicted by an Illinois state court and currently incarcerated for the conviction for which he/she asserts a claim of actual innocence. "Actual innocence" means the applicant claims to have had no criminal responsibility in the offense for which they were convicted and can provide new, credible evidence to prove their claim.

Having been convicted of a forcible felony, which must involve the use or threat of physical force or violence against an individual that results in great bodily harm, including murder, criminal sexual assault or aggravated battery.

There must be newly discovered and credible evidence that supports the claim of actual innocence.

The case cannot currently be on appeal or with the state's attorney for post-conviction reviews. Otherwise, the CIU will not review the case.

After the unit receives an application, it will be screened to determine whether it meets the eligibility criteria. If the CIU accepts a case for a more extensive evaluation, a full investigation is conducted to establish whether a wrongful conviction has occurred.

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Then, a recommendation is made about whether relief is necessary and what steps can be taken to remedy the situation. If there is a high possibility of actual innocence, the unit will work with the local state's attorney to decide whether it is in the interest of justice to seek relief from a conviction.

Any claims of official misconduct by prosecutors, defense attorneys, law enforcement officials or other government employees found during CIU investigations will be reported to the authorities. The study of data on the causes of wrongful convictions is aiming to improve state policies in order to prevent wrongful convictions in the future.

"Wrongful convictions destroy lives, diminish faith in our criminal justice system, and put victims and the general public at risk, as true perpetrators of crimes are able to escape punishment," Raoul said. "As a career prosecutor and the state's top law enforcement official, I look forward to the critical work this unit will do in collaboration with state's attorneys and stakeholders across the state to ensure integrity in convictions."

Applications are available in English and Spanish in the law libraries of Illinois Department of Corrections facilities and can be obtained by criminal defense attorneys. For more information about the CIU, visit www.IllinoisAttorneyGeneral.gov .