Ill. Admin. Code tit. 20 § 1610.180

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1610.180 - Rules Governing Petitions for Executive Clemency (Pardon or Commutation of Sentence)

a) All applications for pardons, reprieves and commutations of sentence or adjudication shall be made by written petition, addressed to the Governor and filed in the office of the Prisoner Review Board at Springfield. The original and four copies of the petition must be filed at least thirty (30) days prior to any scheduled meeting of the Board for the purpose of hearing petitions for executive clemency. The petition shall conform to the following requirements:

1) The petition shall contain a brief history of the case, a brief biography of the petitioner, setting forth his full and correct name, any aliases he may have used during his lifetime, his age, place of birth, the different places where he has resided, the years of residence in each place, the occupations pursued in each locality, and the specific reasons why a pardon or commutation of sentence should be granted.

2) It shall be signed by the applicant or other person in his behalf.

3) If signed by another person, the full address of such person shall be given, and his relation to the applicant stated.

b) Copies of the petition shall be furnished to the sentencing judge or, if for any reason this is not possible, to the chief judge of the Circuit in which sentence was imposed, and the Prosecuting State's Attorney, if available, and also to the present State's Attorney of the county from which the petitioner was committed in each case. Proof of such service may be made by a receipt of such official, or affidavit that it was posted, or a receipt of the United States Post Office if sent by registered or certified mail. Such proof of service shall accompany the petition.

c) Publication of intent to petition for executive clemency shall be made in a newspaper of common circulation in the county of commitment on at least two occasions no less than two weeks apart. Said notice shall contain the name of the petitioner, the offense for which he was convicted, the date of sentencing and the sentence imposed. Said notice shall invite any interested party to communicate their views to the offices of the Prisoner Review Board prior to the scheduled hearing date.

d) Where circumstances warrant or the exigencies of the case suggest, the Board may waive the requirement of publication of intent to file for executive clemency.

e) For each meeting of the Board, a docket shall be prepared listing all petitions filed thirty (30) days or more before the date of the meeting which have not been previously considered and which petitions comply with the applicable statutes of Illinois and these rules. Counsel and those who wish to be heard in favor of or in opposition to the respective petitions on the call of the docket, must register in person at the meeting of the Board.

f) The Board or a designated panel thereof will hear counsel or any other persons who appear in support of or in opposition to the petition at the scheduled public hearing. The Board will also consider petitions on the docket on which there are no appearances and may elect to hear petitioners who are in confinement.

g) No requirement herein shall preclude the Chairman or the Governor from calling a special session of the Board for the purpose of giving a hearing and consideration to any petition deemed to be of an emergency nature. All usual requirements shall be met insofar as is practical.

h) The Board will determine by majority vote in conference what its recommendation is on each petition and shall advise the Governor by a written report without publicity.

Ill. Admin. Code tit. 20, § 1610.180