Clemency in Illinois During the Age of COVID

Whether or not Governor Pritzker’s administration wants to acknowledge it, COVID has left its mark on the clemency process in Illinois.

COVID’s Impact on Clemency

The first indication that COVID would have an impact on the clemency process occurred in April when the Prisoner Review Board (PRB/Board) cancelled its public hearings. Petitioners were given an opportunity to submit additional supporting materials in place of a hearing.

On May 1, 2020, the PRB announced that it would start reviewing clemency petitions on a “rolling basis” for those seeking to have their prison sentences commuted to time served, shortened, or allow their sentence to be parole eligible. Commutation petitioners who do not request a public hearing are now automatically placed on the Board’s Rolling Clemency Docket.

To be clear, only petitioners seeking a sentence commutation are eligible to be placed on the rolling docket. The options for petitioners seeking a pardon remain unchanged post COVID: waive your right to a public hearing or expressly request one.

The PRB has already canceled its October hearing schedule -- the last hearings scheduled for the year. The October hearings, unlike those cancelled in April, will be rescheduled.

Board’s Rolling Clemency Docket Gives Priority to Commutations

The rolling docket has proven a Godsend for those seeking a commutation. A recent letter received from the PRB shield some light on how the rolling docket works:

[T]he Board will begin hearing petitions involving incarcerated Petitioners on a rolling basis, effective immediately. … your client’s petition will be reviewed in approximately 30 to 60 days from the date of this letter [8/21/20].

Based on the actions taken by Governor Pritzker since the rolling docket was initiated, a commutation petition filed in July could conceivably receive a favorable decision (sentence commutation) by year’s end.

Even before the PRB instituted its rolling docket, it was clear that commutation petitions were being prioritized. Since the start of 2020, Governor Pritzker has granted 30 commutations but only nine pardons.

Provided COVID remains a public health concern within the state’s prison system, I expect the rolling docket to remain in effect. I also anticipate that the current ratio of commutations to pardons granted will continue.

Pardon Decisions Have Taken a Back Seat

Lately, I’ve been advising potential pardon clients that the clemency process has become extremely unpredictable, in that I can’t begin to predict how long someone might have to wait to obtain a decision from the governor.

Currently, I have four pardon clients awaiting decisions. The client who has been waiting the longest had his hearing before the Board in July 2019.

I do not fault Governor Pritzker for prioritizing commutations over pardons. In fact, I’ve previously credited him for having the courage to grant commutations in cases involving serious offenses (e.g., murders). Most governors would avoid such cases, fearful of accusations of being too soft on crime or worse.

COVID has unleashed many unexpected and unpredictable changes. For me, but for COVID, I would not have expanded my legal practice to include commutation work. That said, it makes perfect sense that I have. I’ve been representing clemency pardon clients since the end of 2011.

This past July, I filed my first two commutation petitions and have begun work on my third such petition.

COVID allowed me to see that it was high time I started representing those still doing their time.