Clemency and Pardons in Illinois: An Overview
Executive clemency is when the Governor of Illinois grants a commutation of sentence, pardon, expungement, or pardon and expungement to someone convicted of a crime[1]. It allows the governor to show mercy or forgiveness to people in prison. This article will explain how clemency and pardons work in Illinois.
What is Clemency?
Clemency is the governor’s power to lighten a person’s sentence or clear their record. The Illinois Constitution says the governor can “grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper”[5]. This gives the governor a lot of flexibility on clemency decisions[5].
There are 3 main types of clemency in Illinois:
- Commutation of Sentence: Shortens a prison sentence or changes it to time served. This lets someone out of prison early[1].
- Pardon: Forgives the person for a crime and restores some of their rights lost from the conviction[1]. A pardon can be full or partial.
- Expungement: Seals the criminal record related to the conviction[1]. This makes it easier to get jobs, housing, etc. An expungement through clemency does not completely erase the record, but limits access to it[2].
Clemency provides relief that the courts cannot. It is an act of mercy by the governor.
The Clemency Process in Illinois
To get clemency in Illinois, you first submit a petition to the Prisoner Review Board (PRB) [1]. The petition must follow the PRB’s rules and include a lot of details about your case, criminal history, personal background, and reasons for seeking clemency[3].
You can request a public hearing, where you or supporters can argue for clemency to the PRB in person[3]. This step is optional. The PRB then privately decides whether to recommend granting or denying clemency and passes that on to the governor[3]. You will not know what they recommend.
Finally, the governor reviews the petition and recommendation and decides whether to grant clemency[4]. There is no time limit for the governor to make a decision[3]. If denied, you typically must wait 1 year to reapply[3].
The process takes around 1-2 years on average from filing the petition to getting a decision from the governor[3]. It is not a quick or easy process. You must provide a lot of information and justification for clemency.
Clemency Statistics in Illinois
The number of clemency petitions granted varies greatly between governors. Under Governor Pat Quinn (2009-2015), 36% of petitions were granted – the most of any Illinois governor[2]. But under Governor Bruce Rauner (2015-2019), only 6% of petitions were granted[2].
In recent years, around 1,200 petitions have been filed per year, with only 1 or 2 commutations granted annually[5]. So clemency remains rare in Illinois. Still, it represents the only chance at early release for many people in prison.
Some notable uses of clemency in Illinois include:
- In 2003, Governor George Ryan granted clemency to everyone on death row due to flaws in the system[5]. This commuted over 160 death sentences.
- In 1994, Governor Jim Edgar granted clemency to 4 women convicted of killing their abusive partners[5].
- In 2019, the Youthful Parole Bill restored limited parole for prisoners under 21. This was the first step to reinstating discretionary parole in Illinois[5].
The Benefits and Importance of Clemency
Clemency provides a crucial safety valve in our legal system. It allows the governor to show mercy when the courts cannot[5]. Key benefits include:
- Correcting Injustices: Clemency can free victims of unfair trials, overly harsh sentences, or racism in the system[5]. It is a vital fail safe.
- Providing Second Chances: For prisoners who have rehabilitated themselves, clemency offers a second chance to rejoin society[5]. This reduces recidivism.
- Saving Taxpayer Money: Releasing prisoners early through clemency saves taxpayers the costs of incarceration[5]. Prisons are very expensive to operate.
- Showing Humanity: Granting clemency demonstrates empathy, forgiveness and belief in human potential[5]. It allows the justice system to show humanity.
Clemency is an important check and balance on the legal system. It also reflects our values of mercy, redemption, and justice. But it remains underused in Illinois compared to pardons granted in other states[5].
Barriers to Clemency in Illinois
There are several reasons clemency is so rarely granted in Illinois:
- Strict Rules: Illinois has strict procedures for clemency petitions, including filing deadlines and informational requirements[3]. This makes it hard to qualify.
- Lengthy Process: With the process taking 1-2 years on average, many lose hope and do not see it through[3]. The long wait deters applications.
- Political Calculation: Governors weigh the political risk of granting clemency and often err on the side of caution out of fear of controversy[5].
- Lack of Legal Counsel: Most prisoners cannot afford lawyers to help with their petitions, putting them at a disadvantage[5]. Without representation their chances are slim.
- Narrow Criteria: The PRB may use overly narrow criteria in making recommendations, only approving “ideal” candidates[5]. But more typical cases also deserve consideration.
While executive clemency is meant to provide mercy and justice, in practice the many barriers in Illinois mean it is out of reach for most prisoners.
Calls for Reform
To expand access to clemency and pardons in Illinois, many advocate reforms such as: