Illinois Compiled Statutes
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730 ILCS 5/3-3-13
(730 ILCS 5/3-3-13)
(from Ch. 38, par. 1003-3-13)
Procedure for executive clemency.
(a) Petitions seeking pardon, commutation, or reprieve shall be
addressed to the Governor and filed with the Prisoner Review
Board. The petition shall be in writing and signed by the
person under conviction or by a person on his behalf. It shall
contain a brief history of the case, the reasons for seeking
executive clemency, and other relevant information the Board may require.
(a-5) After a petition has been denied by the Governor, the Board may not
accept a repeat petition for executive clemency for the same person until one
full year has elapsed from the date of the denial. The Chairman of the Board
may waive the one-year requirement if the petitioner offers in writing
new information that was unavailable to the petitioner at the time
of the filing of the prior petition and which the Chairman determines to be
significant. The Chairman also may waive the one-year
waiting period if the petitioner can show that a change in circumstances of a
compelling humanitarian nature has arisen since the denial of the prior
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(b-5) Victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the executive clemency hearing date. The victim has the right to submit a victim statement to the Prisoner Review Board for consideration at an executive clemency hearing as provided in subsection (c) of this Section. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.
(c) The Board shall, upon due notice,
give a hearing to each application, allowing representation by
counsel, if desired, after which it shall confidentially
advise the Governor by a written report of its recommendations
which shall be determined by majority vote. The written report to the Governor shall be confidential and privileged, including any reports made prior to the effective date of this amendatory Act of the 101st General Assembly. The Board shall
meet to consider such petitions no less than 4 times each
Application for executive clemency under this Section may not be commenced
on behalf of a person who has been sentenced to death without the written
consent of the defendant, unless the defendant, because of a mental or
physical condition, is incapable of asserting his or her own claim.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
In the event a petitioner who has been convicted of a Class X felony is
granted a release, after the Governor has communicated such decision to
the Board, the Board shall give written notice to the Sheriff of the county
from which the offender was sentenced if such sheriff has requested that
such notice be given on a continuing basis. In cases where arrest of the
offender or the commission of the offense took place in any municipality
with a population of more than 10,000 persons, the Board shall also give
written notice to the proper law enforcement agency for said municipality
which has requested notice on a continuing basis.
(e) Nothing in this Section shall be construed to limit the power of the
Governor under the constitution to grant a reprieve, commutation of sentence,
(Source: P.A. 101-288, eff. 1-1-20