Crime & Traffic

The Illinois Prisoner Review Board (PRB) holds clemency hearings four times per year in Chicago and Springfield. Each hearing When the parties in a case present their sides of a case to a judge or other officer has a filing deadline. If you miss the deadline, your petition (noun) A written request to a court (verb) To request from a court will not be heard until the next hearing. Check the PRB website for the most up-to-date hearing dates, deadlines, and locations.

Type and print your petition. Organize it into these six sections, using headers for each one: 

• Required general information and whether you request a public hearing, When the parties in a case present their sides of a case to a judge or other officer
• Conviction When someone is declared guilty of a crime by a court (s) for which you are requesting clemency,
• Your complete criminal history,
• Personal life history,
• Your reasons for requesting clemency, and
• The type of clemency you are asking for.

See Writing an executive clemency petition for details on what to include in each section. A sample petition template is available on the PRB website.  You can also find other resources, including templates, on the Illinois Prison Project (IPP) website under “Commutation.”

Make sure your petition itself includes your mailing address, not just the envelope.

Include documents that show your rehabilitation and accomplishments, such as:

• Diplomas or transcripts
• Certificates from treatment programs
• Work history or training records
• Letters of support

Before you send your petition, (noun) A written request to a court (verb) To request from a court you must sign it to confirm that everything in it is true. 

Sometimes the Prisoner Review Board (PRB) waives notarization, such as because of COVID-19. Visit the PRB website to see the current requirement.

If notarization is required, sign the certification in front of a notary. The certification should say: “I declare under penalty of perjury When someone promises to tell the truth in a court case, and then tells a lie that all of the assertions made in this petition are complete, truthful and accurate.”

After you sign and notarize your petition, (noun) A written request to a court (verb) To request from a court make copies of everything you plan to send. You will need the original plus at least 3 copies.

• Illinois Prisoner Review Board (PBR)
• The sentencing judge for each conviction When someone is declared guilty of a crime by a court you are seeking clemency for, or the chief judge if the original judge has retired or passed away
• The state’s attorney’s office in the counties where you were convicted
• Your own records

If you plan to email your petition to the PBR, you will also need to create an electronic (PDF) A type of document that can be viewed and printed from many devices file of the entire petition.

Mail a copy of your petition (noun) A written request to a court (verb) To request from a court and documents by certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered to:

• The state’s attorney’s office in each county where you were convicted.
• The sentencing judge in each case. If the judge is retired or has passed away, mail it to the chief judge.

Before mailing, contact the clerk’s office to confirm the judge’s name and address. If you have more than one conviction When someone is declared guilty of a crime by a court for which you're applying for clemency, you must send a copy to each of the sentencing judges and state’s attorneys.

Mail or deliver your notarized original petition (noun) A written request to a court (verb) To request from a court and all documents to:

Illinois Prisoner Review Board
1001 North Walnut Street
Springfield, IL 62702

Include proof that you mailed copies to the sentencing judge and state’s attorney, such as certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered receipts or a notarized affidavit. A notarized written statement signed by a person under oath The PRB will reject your petition without proof.

The PRB must receive your completed petition at least 75 days before the first date of the public hearing When the parties in a case present their sides of a case to a judge or other officer for it to be considered at that hearing. Check the PRB website for the most up-to-date hearing dates, deadlines, and locations.

About 4 to 6 weeks after you send your petition, (noun) A written request to a court (verb) To request from a court you should get a letter from the Prisoner Review Board (PRB). The letter will confirm that your petition was received and is complete. If you asked for a hearing, When the parties in a case present their sides of a case to a judge or other officer it will also list the hearing date, docket A list of everything that happens in a civil case. Also can be used to refer to the court calendar. number, and room number.

If something is missing, the PRB will tell you what to fix. You have 90 days to send the missing information. If you do not, the petition will be discarded.

The letter will also give you a deadline to send any extra documents and, if you are not incarcerated, will explain how to get fingerprinted. Mail the completed fingerprint card back to the PRB. Any additional information you send must also be mailed to each state’s attorney’s office.

If you are currently incarcerated, you will not attend your own clemency hearing, When the parties in a case present their sides of a case to a judge or other officer but your supporters may attend and speak for you. However, you will have a virtual pre-hearing conference a few weeks before the hearing. During this conference, a Prisoner Review Board (PRB) member will interview you for about 15 minutes. You can decline the interview, but most people choose to participate.

This interview is an excellent opportunity for the PRB to learn more about you. They may ask about what happened in your case, why you believe you are ready for release, and other topics. They may also ask if there is anything you want the PRB to know, which is a good time to express remorse or share other important thoughts about your case.

Clemency hearings are held in front of the Prisoner Review Board (PRB), the administrative body that reviews clemency petitions and makes recommendations to the Governor. In Illinois, the PRB’s recommendation is not binding. Only the Governor has the authority to grant or deny To refuse or say no a clemency petition. (noun) A written request to a court (verb) To request from a court

Hearings are open to the public. Hearings start at 9:00 a.m., so arrive early to check in. Petitioners are called in the order they sign in. Some hearings take place in government buildings with security similar to airport screening, such as the Michael Bilandic Building.

You may bring supporters to speak on your behalf. If you are incarcerated, you cannot attend, but you can have representatives speak on your behalf. Up to four people, including the petitioner, A person who makes a written request to a court may speak on the petitioner’s behalf during the hearing. When the parties in a case present their sides of a case to a judge or other officer

When your name is called, you and your supporters will be sworn in and sit before 3 to 5 PRB members. Although the PRB already has your petition, this is your chance to speak directly to them rather than repeating what is already written. You may prepare and read a statement, but it may be even better to use this time to speak from your heart. The PRB members will also ask you questions. The entire hearing is very brief, usually no more than 12 minutes.

State’s attorneys often object to petitions. If they did file a written objection, A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. you will receive a written copy of it when you check in. Objections can be based on:

• The type or seriousness of the offense
• How much time has passed since the offense
• Whether there is a strong need for clemency
• Whether there is enough evidence Anything used to show that something is true of rehabilitation

Objections are common and do not automatically mean you will be denied. You will have a chance to respond. Focus on:

• Remorse that you have for past mistakes in your life
• Positive steps you have taken to change your life
• Why you have a strong reason for requesting clemency
• Why you are unlikely to reoffend

Within about 60 days, the PRB will send a private recommendation to the Governor. The Governor makes the final decision and does not have a deadline. It can take months or even years to get a response. A formal written answer to the plaintiff or petitioner's written statement While you are waiting, you will not receive any updates about the status of your clemency petition.

If clemency is granted, you will get a letter. You must file a petition for expungement in the courts where the convictions took place if you requested clemency in the form of expungement.

If the Governor denies clemency, you must wait at least one year  from the date of the denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. before you can apply again, unless an exception applies. There is no limit to how many times you can apply for clemency.

Note: Keep your address updated with the PRB so you do not miss any letters.