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CLEMENCY

CLEMENCY. What is Clemency?. An extraordinary remedy A pardon by the Governor An expungement by the Governor Done by petition submitted to the Prisoner Review Board For cases which resulted in conviction. Who Should File & When. Any person who does not qualify for expungement/sealing

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CLEMENCY

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  1. CLEMENCY

  2. What is Clemency? • An extraordinary remedy • A pardon by the Governor • An expungement by the Governor • Done by petition submitted to the Prisoner Review Board • For cases which resulted in conviction

  3. Who Should File & When • Any person who does not qualify for expungement/sealing • Successfully completed sentence and parole • Period of time with no arrest and convictions • More serious the conviction(s) – the longer period of time (never less time than expungement/sealing time periods)

  4. Beginning the Process • must obtain information about the offense(s) • Prior direct appeal – can utilized documents and transcript to prepare the criminal history • If no appeal was filed or no longer have the documents and transcripts, must reconstruct

  5. Criminal History • Criminal history in Illinois • Chicago cases – Chicago Police Department, Access & Review Division – 3510 S. Michigan - $16.00 • Non-Chicago cases – Illinois State Police, Division of Administration, Bureau of Identification, 260 N. Chicago St., Joliet, IL - $16.00/$20.00

  6. Court Record • Keeper of all records in Cook County – Dorothy Brown, Clerk of the Court • Can read or print out the court history of a case at any of the Clerk Offices - Daley Center, Room 1006 - Maywood - 2650 S. California, 5th Floor - Bridgeview - Skokie - Markham - Rolling Meadow The trial file can be ordered and the court documents can be reviewed

  7. Transcript of Proceedings • order a copy of the transcript of the court proceedings at Court Reporter’s Office located at 69 W. Washington, 9th Floor or at the courthouse the case was heard • order the date (s) of the trial, guilty plea hearing and or sentencing • There is a cost for the transcript

  8. Petition Guidelines • Typed narrative • All requested information must be included or petition will be rejected • Must be filed 75 days prior to the hearing dates • Original and 3 copies to board, one to sentencing/chief judge and one to State Attorney

  9. Petition Content • Name of offenses, counties of conviction, case numbers, sentences imposed, dates sentenced, time served and dates of discharge. State were conviction the result of jury verdicts, bench trials or guilty pleas. Status of any pending appeals • name petitioner was convicted under, any aliases, social security number, and the state prisoner number, if applicable. • Declare whether the petitioner previously asked for executive clemency for any conviction and, if so, when

  10. Petition Contents • Detailed statement of the facts of the offenses, including dates, places and all surrounding circumstances, including petitioner’s version of the offenses. • Complete criminal history • Complete personal history • Reason seeking relief • Supporting materials

  11. Public Hearing • Petitioner, supporters and any opponents may appear in person, at a public hearing, if requested to do so is made in petition. • Personal presentations at the public hearing are limited to 20 minutes. No more than four persons may speak during presentation. Testimony is informal.

  12. Sample Petition Form

  13. CLEMENCY HEARING DATES • Prisoner Review Board holds hearings on petitions four times each year. • Dates each year are in January, April, July and October. • Hearings: Springfield in January and July; Chicago in April and October • 319 S. Madison Street, Suite A, Springfield, IL 217-782-7273 • www.state.il.us/prb

  14. How Long? • Prison Review board will response with negative results before next scheduled hearing date • Petitions forwarded to governors’ desk have no due date or time table

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