ILLINOIS CLEMENCY LAW & PROCEDURE
Overview of Clemency in Illinois
Clemency in Illinois is a form of executive mercy granted by the Governor, which can result in a reduction of a sentence, a commutation of sentence, or a pardon. This process is an essential part of the state’s justice system, allowing for the potential correction of past mistakes, consideration of rehabilitation, and recognition of personal growth during incarceration.
The clemency process in Illinois is overseen by the Illinois Prisoner Review Board (PRB), an independent agency that provides recommendations to the Governor regarding clemency petitions. If you or a loved one is seeking clemency, it’s important to understand the steps involved, the eligibility criteria, and how to navigate this process.
What is Clemency?
Clemency can include:
- Commutation: A reduction of a sentence, often a reduction from a lengthy prison term to a lesser sentence or a sentence to probation.
- Pardon: An official forgiveness for a crime, removing the legal consequences of a conviction.
In Illinois, clemency is sought through the Prisoner Review Board and then recommended to the Governor for final approval. The Governor has the discretion to grant or deny clemency, with the recommendation of the Prisoner Review Board playing a significant role in this decision.
Eligibility for Clemency
Not all individuals incarcerated in Illinois are eligible for clemency.
The Prisoner Review Board typically considers clemency requests based on:
- Time Served: Typically, inmates seeking a commutation must have served a significant portion of their sentence. For most cases, the PRB requires that individuals have served at least half of their sentence before they are considered for clemency.
- Rehabilitation: Evidence of rehabilitation, such as participation in educational programs, job training, or counseling while incarcerated, can strengthen an individual’s clemency petition.
- Behavior in Prison: Consistently good behavior and a record free of disciplinary infractions can play a key role in whether clemency is recommended.
- Public Safety: The PRB considers the risk that an individual may pose to public safety upon release. A thorough evaluation of an inmate’s criminal history, the nature of the offense, and their actions since incarceration are taken into account.
Factors the Prisoner Review Board Considers:
- Severity of the Crime: The nature and impact of the offense, including the harm done to victims and the community, will be heavily considered.
- Time Spent in Prison: The amount of time the individual has served, their conduct during incarceration, and their efforts to rehabilitate are critical factors.
- Family and Community Support: Letters of support from family, friends, or community members can help demonstrate the person’s current standing and the likelihood of successful reintegration into society.
- Impact of Clemency on Public Safety: The PRB assesses whether the individual’s release could pose a threat to public safety or whether they are likely to be a productive member of society.
How to Get Help with the Clemency Process
The clemency process can be complex and highly competitive, so it’s important to seek guidance from legal professionals with experience in this area. The dynamic team at Lyon & Kerr can assist you or a loved one with a petition for clemency.
We work closely with families and community members to make sure the client puts forward the best possible petition.
Together with the client, the team at Lyon & Kerr can assist with the following:
- Draft and submit a persuasive clemency petition
- Represent petitioners during PRB hearings
- Ensure that all necessary documentation is included
- Offer advice on how to strengthen the case for clemency
You may also be eligible for other similar types of relief, including medical release, youthful parole, or expungement and sealing of your records.
Contact Lyon & Kerr today to learn more about the clemency process, and to determine if you or your loved one is eligible for relief.