Over the past two months Gov. Pritzker quietly issued 20 commutations. For those unfamiliar with the term, commutation is the act of releasing someone from prison before their projected parole date.

During his first year in office, Gov. Pritzker granted three commutations. His recent actions suggest that the COVID-19 outbreak may have played a role. Across the U.S., governors have been urged to release prison inmates with underlying medical conditions, those close to their parole eligibility date or who would not pose a risk to the community.

Commutations in the Time of COVID-19

In view of Gov. Pritzker’s recent actions, can we draw any wisdom or insight as to how the governor might rule on future clemency petitions? It is a question I’ve never previously considered until now. To date, Gov. Pritzker has granted 24 clemency petitions -- and none so far this year.

As we all can attest, the times we are living in are far from normal. Maybe, just maybe, the stay-at-home order has given some of us time to reflect on how we can be better citizens to one another, as well as showing greater empathy for the plight of those who have not had the same opportunities in life.

Unlike clemency, a commutation does not forgive someone for the crime they committed. It also does not give them permission to get their record expunged. All that a commutation does is give someone a “get-out-of-prison-early” card.

What initially stood out to me about Gov. Pritzker’s recent batch of commutations was the number of murder convictions on the list – just over one-third (7). There was also one involuntary manslaughter conviction. The sentences commuted ranged from 20 years to life. The oldest and most recent cases: 1992 and 2007.

Another four cases involved convictions for armed robbery. In three of those cases, defendants received a life sentence. The remaining balance of the cases were drug-related offenses (6) -- some involving unusually lengthy sentences (60 years up to natural life).

Will Gov. Pritzker Consider Clemency for More Serious Crimes?

Back in January, when I first reviewed the list of clemencies granted by Gov. Pritzker, I was struck by the number of low-level offenses on the list (ordinance violation (1), misdemeanors (4)). I consider these cases low-hanging fruit since they could have just as easily been sealed.

I’ve always been of the mind that clemency is reserved for the difficult cases -- the ones that can’t be sealed (even with the expansion of Illinois’ sealing law) or where sealing the record still doesn’t entirely resolve its negative impact.

Among the clemencies granted so far by Gov. Pritzker, only four involved prison sentences. The most serious case being that of Miguel Perez Jr., the Army vet who was deported to Mexico after completing his sentence for a drug offense. So far, Gov. Pritzker has only granted clemency to someone with a violent felony offense (aggravated robbery) once.

Which brings me back to Gov. Pritzker’s commutations. With sixty-five percent (15) of the commutations involving violent crimes, does this fact suggest that the governor may be receptive to granting clemency for more serious offenses when he turns his attention back to awarding clemency?

One of the most critical factors I believe should be considered when assessing whether someone has successfully rehabilitated him or herself -- a critical factor in deciding the merits of a clemency petition -- is the individual’s age when he/she committed the offense.

Looking at the thirteen most serious offenses commuted – more than 50% (7) were committed by people between the ages of 15 and 24; only four crimes occurred after the age of 30. In only one case was I unable to determine the defendant’s age.

Our current knowledge of brain development provides us with an objective explanation for why young people make grievous decisions. We also know that trauma experienced early in life can alter one’s brain chemistry in harmful ways.

It is my hope that Gov. Pritzker, having read the personal stories of the men and women whose sentences he’s commuted, sees that even those who commit serious offenses are redeemable and deserve a second chance to be contributing members of society.

Learn more about how we can assist you by petitioning for executive clemency in Illinois.