{"id":169,"date":"2019-05-21T15:04:32","date_gmt":"2019-05-21T15:04:32","guid":{"rendered":"https:\/\/www.restorejustice.org\/?p=169"},"modified":"2023-06-22T18:17:38","modified_gmt":"2023-06-22T18:17:38","slug":"explainer-executive-clemency","status":"publish","type":"legal-explainer","link":"https:\/\/www.restorejustice.org\/legal-explainer\/explainer-executive-clemency\/","title":{"rendered":"Executive Clemency"},"content":{"rendered":"
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WHAT IS EXECUTIVE CLEMENCY?<\/strong><\/h3>\n<\/div><\/section>
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Executive clemency is a set of powers granted to the Governor by the Illinois Constitution to pardon a person who has committed a crime or to commute his or her sentence. The Illinois Constitution provides that \u201cThe Governor may grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper. The manner of applying therefore may be regulated by law.\u201d<\/em><\/strong> <\/p>\n<\/div><\/section>

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WHAT ARE PARDONS, REPRIEVES, AND COMMUTATIONS?<\/strong><\/h3>\n<\/div><\/section>
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A pardon<\/em><\/strong> is an \u201cact of grace\u201d by the Governor that nullifies the legal consequence of a criminal conviction. There are generally two types of pardons, conditional and unconditional.  An unconditional pardon immediately restores all the rights and privileges lost because of the conviction, while a conditional pardon imposes one or more terms (conditions) that must occur before the pardon is effective. A commutation<\/em><\/strong> occurs when the Governor only reduces the judicially imposed sentence of a person convicted of a crime. Reprieves<\/em><\/strong> are a temporary relief from, or a postponement of, a judicially imposed punishment. They usually occur in the context of the death penalty and are typically granted in such cases to give the Governor time to review a case and decide whether to grant a pardon or commutation.<\/p>\n<\/div><\/section>

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HOW DOES THE EXECUTIVE CLEMENCY PROCESS WORK IN ILLINOIS?<\/strong><\/h3>\n<\/div><\/section>
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The Executive Clemency process usually begins with a written petition being submitted by the offender to the Prisoner Review Board (PRB). The petition is then reviewed by the PRB to ensure that it is properly filled out and contains all required information.  The petitioner can elect to have a public hearing, where the petitioner (if not incarcerated), his\/her supporters, and anyone opposing the petition, can appear in person and speak before the PRB.  After receiving and considering the petition, supporting documentation, oral testimony, and other relevant information, the PRB makes a confidential recommendation to the Governor regarding the petition. After receiving the PRB recommendation, the Governor can either grant or deny the petition, but there is no time limit for doing so<\/p>\n<\/div><\/section>

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The PRB has issued specific guidelines governing the process and procedure for requesting Executive Clemency. These guidelines<\/a> can be found on their website.  <\/p>\n<\/div><\/section>

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WHAT IS THE SCOPE OF THE GOVERNOR\u2019S EXECUTIVE CLEMENCY POWERS?<\/strong><\/h3>\n<\/div><\/section>
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The Governor\u2019s Executive Clemency powers are virtually unlimited. The phrase \u201con such terms as he thinks proper\u201d gives the Governor broad discretion. Illinois Courts have consistently held that the Governor\u2019s power is absolute and not subject to limitation by Courts or the General Assembly. The only limitation imposed by the Constitution is the requirement that clemency occurs \u201cafter conviction\u201d and that the General Assembly may establish (or modify) a procedure for applying.<\/p>\n<\/div><\/section>

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During the 1968 constitutional convention, a discussion about the clemency provision makes clear that the legislature intended to give the governor broad clemency powers:<\/p>\n<\/div><\/section>

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Mr. J. Parker: The General Assembly has the authority to act on the question of parole, but they would not have any effect on the governor\u2019s exercise of his power of granting pardons . . . <\/p>\n<\/div><\/section>

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Mr. Friedrich: The governor could now and can pardon everyone in Stateville, including those on death row, and can continue to do it under this [constitution]. He has complete authority in this area.<\/em><\/p>\n<\/div><\/section>

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WHY IS IT IMPORTANT?<\/strong><\/h3>\n<\/div><\/section>
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In 1978, Illinois joined the minority of U.S. states that chose to abolish their discretionary parole. Since then, the prison population in Illinois skyrocketed by over 500 percent, from roughly 6,000 inmates in the 1970s to over 40,000 today. And while not the only reason, the abandonment of discretionary parole was a certain factor contributing to our state\u2019s current prison crisis<\/a>.<\/p>\n<\/div><\/section>

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Another contributing cause to this crisis includes the enactment of more punitive sentencing schemes, such as life without parole (LWOP), defacto LWOP, extended-term sentencing, consecutive sentencing Truth-In-Sentencing (TIS), and a host of other sentencing enhancements.  As a result of these unwise and extremely harsh sentencing practices, individuals are spending longer periods of time (usually 20 years or more) in prison without any hope of earning parole or time off for good behavior (Good-Time).<\/p>\n<\/div><\/section>

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At the core, parole is a period of supervised, early release from prison. It is an alternative to incarceration that\u2014when done right\u2014can reduce prison costs and reduce crime. Yet there is no shortage of myths surrounding parole in Illinois, from the assumption that it doesn\u2019t work to the belief that Illinois already has parole in the form of determinate sentencing and mandatory supervised release (MSR).<\/p>\n<\/div><\/section>

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Surprisingly (or maybe not), these myths are often held by the legislators who vote on parole bills.<\/p>\n<\/div><\/section>

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We think it\u2019s important that people have answers. For that reason, Restore Justice has put together a primer on parole<\/a> as it relates to Illinois. Some of the topics it touches on include:<\/p>\n<\/div><\/section>

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