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https://www.illinoislegalaid.org/legal-information/prisoners-rights
Date: 09/16/2025

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Crime & Traffic

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Prisoners' rights

These resources explain the rules and laws that relate to prisoners and their loved ones.

Re-entry resources for prisoners and former prisoners
Resources for recently released individuals returning from prison, including organizations that offer housing, education, employment, and other services for people with criminal records.
Text article
Interacting with people in Illinois prisons
Explains what you need to do to talk to or visit with someone who is in an Illinois prison.
Text article
Parole and other forms of release from prison
Learn about parole and other forms of release from prison. Includes the parole process, mandatory supervised release (MSR), and sentence credit.
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My rights when I'm under arrest or in custody
Describes what rights people who get arrested have while in custody. Explains what you're allowed to do when interacting with law enforcement and what they are allowed to do to you.
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Applying for executive clemency
Learn how executive clemency works, including pardons, sentence commutations, and expungement. Find out who qualifies and what a pardon does or doesn't do.
Guide
I want to divorce someone in jail or prison
Explains how to divorce your spouse if they are in jail or in prison.
Text article
Filing a post-conviction petition
Steps to file a petition after appealing your case from where to file the petition for your evidentiary hearing. If the issue could have been raised in the appellate court and was not, you typically cannot raise the issue in a post-conviction petition. Details about time limitations covered.
How-To
Writing an executive clemency petition
Explains what to include in your request for a pardon.
Text article
Filing a writ of habeas corpus
Steps to file a writ of habeas corpus to challenge why you are in prison.
How-To
What to do if your rights are violated in prison
Details the process for filing a grievance in an Illinois Department of Corrections facility. Describes ways you can advocate for your loved one's medical care.
Text article
Petition for executive clemency
Use the form to ask for executive clemency from the Illinois Governor.
Form link

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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.

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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.