What a Difference a Year Makes... Gov. Pritzker Changes Course in Using His Clemency Authority
A year ago our lives were turned upside down by the COVID pandemic. To no one’s surprise, Gov. Pritzker granted no clemency petitions in the first few months of 2020.
When he commenced issuing clemency decisions, starting in March, Gov. Pritzker focused solely on commuting prison sentences. Over a three-month period, he commuted 20 prison sentences to time served.
Would Gov. Pritzker Have Issued Sentence Commutations Without COVID? We’ll Never Know
The governor’s actions took a lot of people by surprise – including me. Although I had not previously represented anyone on a clemency commutation petition, I couldn’t recall any Illinois governor during the previous decade who had commuted that many prison sentences.
Not surprisingly, Gov. Pritzker’s actions received significant press coverage – not all of it positive. At the time, many speculated that the governor’s actions were motivated by COVID. Early on, it became apparent that people living in close quarters – prisons, jails and nursing homes – were at greater risk of contracting and dying from COVID.
According to a recent report from The Marshall Project, through June 2021, there were 88 deaths among the 10,914 Illinois prison inmates who contracted COVID.
All told, in 2020 Gov. Pritzker commuted 49 prison sentences, as well as modifying another 8 (who remained in custody). Because the governor does not have to explain why he/she grants or denies a clemency petition (commutation or pardon), it’s unlikely Gov. Pritzker will ever explain why he made these decisions.
Rate of Commutations in Illinois Slows in 2021
For those considering whether to seek a sentence commutation, a word of caution: the clemency winds have changed course since 2020.
Through the first five months of 2021, Gov. Pritzker granted fewer commutations than a year ago: commuting 7 and modifying another 4 sentences. While these are respectable numbers as far as commutations go, the numbers pale in comparison to last year.
Gov. Pritzker’s Pardons on Upswing But Few Regain Their Gun Rights
By comparison, during the same period (Jan.-May) Gov. Pritzker granted a whopping 96 pardons. Of this number, 94 pardons were issued with permission to expunge and 4 were issued with gun rights reinstated.
Unlike his predecessor, Gov. Pritzker has shown little interest in reinstating petitioners’ gun rights. In the few cases where he’s reinstated gun rights, it appears he may have done so because the individual was facing deportation owing to their criminal conviction.
Under federal immigration law, the only way to permanently halt deportation proceedings (due to a criminal conviction) is to obtain a “full” pardon. A “full” pardon requires that all rights lost due to the criminal conviction are reinstated. Whenever someone is convicted of a felony, he/she loses their gun rights.
Since the end of last year, I’ve been advising individuals who contact me about wanting to get their gun rights reinstated to hold off petitioning for clemency until Illinois has a different governor.
Gov. Pritzker is Granting Pardons in Unprecedented Numbers
If, on the other hand, someone wants clemency for reasons unrelated to regaining their gun rights, this is an opportune time to seek a pardon. Based on clemency grant and denial information obtained last year, I suspect Gov. Pritzker is still granting in excess of 50% of the pardon petitions reviewed.
If you’re considering clemency (pardon or commutation), it is helpful to consult with an attorney who routinely files these petitions -- if for no other reason than to determine whether you’re a good candidate for clemency.
There may be one of several reasons why you might not be a good candidate: the nature of your crime, the likelihood that the State will strongly object to your petition, or that not enough time has passed since the crime occurred.
The decision whether to apply for clemency -- be it now, later, or possibly never -- should be made only after weighing all the known pros and cons.