Clemency Process

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The Governor’s clemency power is deliberately broad and unfettered. The Illinois Constitution gives the Governor the authority to “grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper.” Ill. Const. 1970, art. 5, §12.

A clemency Petition is filed with the Prison Review Board. The Prison Review Board is a quasi-judicial board that, among other things, receives clemency petitions and makes confidential reccomendations to the governor. The governor is not under any timeline to act on a petition.

If a complete petition is filed with the Prison Review Board, and complies with all requirements, it will be set for the next availble hearing date. Petitioners may elect to have a public or private hearing. The relief sought in a Clemency Petition can range from a pardon, to an order of expungment, to a sentence reduction. The Petitioner may not file another Clemency Petition within one-year of a prior Clemency Petition being denied.

The Governor, with th Prison Review Board's recommendation, may take into consideration any unique or extraordinary facts that warrant mercy and forgiveness. As former United States Chief Justice William Rehnquist stated, “...the heart of executive clemency...is to grant clemency as a matter of grace, thus allowing the executive to consider a wide range of factors not comprehended by earlier judicial proceedings and sentencing determinations.” Thus, clemency is not so rigid a concept to be limited to those with claims of innocence, it is equally applied to those deemed deserving of forgiveness despite admitted guilt. Indeed, the United States Supreme Court has defined clemency as “an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.” United States v. Wilson, 32 U.S. 150, 160 (1833).

Robert M. Stephenson represents clients seeking a Pardon through Executive Clemency by Preparing their petitions, and arguing their case before the Prison Review Board. Contact RM Stephenson, for a free evaluation and consultation.

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