In 2020, Gov. Pritzker Used Clemency Authority Granting Unprecedented No. of Commutations But Reinstating Few Pardons with Gun Rights

With 2020 in our rearview mirror, it is time once again to take stock of Governor Pritzker’s use of his clemency power.

What most people will remember about 2020 can be summarized in a word: COVID-19. Who didn’t say at some point: “But for COVID-19, I ______ (fill in the blank).” Thus, it should come as no surprise that COVID-19 played a significant role in the clemency process in Illinois.

By now, I hoped to have all the clemency data for 2020 before posting this blog. I don’t but I’ve decided to go ahead and post this blog without it.

Suffice it to say, this article does not address any clemency action taken by Gov. Pritzker after November 20, 2020. Based on news reports, the governor issued at least one round of grants/denials in December. This article will be updated when I receive the balance of the 2020 clemency data.

Commutation Requests: Head to the Front of the Line

The most obvious impact of COVID-19 was the governor’s decision to prioritize clemency petitions seeking a sentence commutation over those seeking a pardon. With COVID-19 breaching Illinois prison gates, inmates petitioned for early release in unprecedented numbers.

From January through November 20, 2020, Gov. Pritzker granted 38 commutation requests. In 2019, the governor commuted one prison sentence. Based on available clemency denial information (through October 12, 2020), Pritzker approved roughly one-third of the commutation requests reviewed.

News reports of Gov. Pritzker’s commutations first surfaced in April after he’d commuted a dozen prison sentences. Seven (7) of those commutations involved convictions for murder. All told, the governor commuted seventeen (17) murder convictions and fourteen (14) life sentences (not all involved murder convictions).

I applaud Gov. Pritzker’s willingness to consider these requests. It is not often you meet a public servant willing to release someone from prison, even if it could sideline their political career. One only need remember the plight of Gov. Dukakis, who saw his presidential bid quickly unravel after the infamous Willie Horton ad hit the airways.

To no one’s surprise, the governor’s actions have not been universally applauded. Several politicians publicly demanded to know why the governor commuted some of the more controversial sentences. If any of these politicians had bothered to read the state’s clemency rules, they would know that the governor has no legal duty to explain any clemency decision, be it a grant or denial.

Pardon Requests Took a Back Seat in 2020

With commutation requests prioritized in 2020, those petitioning for a pardon ended up having to take a back seat.

From January through November 20, 2020, the governor granted forty (40) pardon requests. In 2019, Gov. Pritzker granted twenty-four (24) pardon requests.

(These number do not include the 11,000 plus low-level misdemeanor cannabis offenses pardoned by the governor in 2019 or the 9,210 misdemeanor offenses pardoned at the end of 2020. Because these pardons were granted outside of the state’s normal clemency procedures – which require filing of a petition for clemency to obtain such relief – these pardons do not touch upon the issues discussed in this article.)

Based on denial information reported through mid-October, Gov. Pritzker granted just over 60% of the petitions reviewed. His approval rate far exceeds that of former Governor Pat Quinn, the last Illinois governor willing to weld his clemency authority for good. Gov. Quinn granted approximately a third of the petitions he reviewed.

Owing to the fact the Prisoner Review Board (PRB) has not held a clemency hearing since January 2020, anyone who petitioned for a pardon in 2020 and wanted a public hearing was left in a holding pattern. Petitioners still have the option of waiving their right to a public hearing and letting the PRB review their petition, send the petition to the governor’s office with the PRB’s confidential recommendation, all in keeping with the PRB’s pre-COVID clemency rules.

Given the country’s current vaccination schedule, it seems doubtful the PRB will be able to resume public hearings this year.

Crimes Most Likely to be Pardoned

Prior to the expansion of the sealing law in 2017 -- which made it possible for most people to seal their convictions -- clemency was the only remedy available to those who had a felony conviction on their record.

Despite the unprecedented expansion of the sealing law, it seems that the law has had little effect on who files for clemency today. Do petitioners today know that most of them could have petitioned to seal their records instead?

With one exception, all the crimes pardoned by Gov. Pritzker in 2020 could have sealed their records. The only crime the governor pardoned that is still not eligible to seal is misdemeanor domestic battery.

Because no governor since Gov. Quinn has released detailed information regarding petitions denied (e.g., county of offense, case number, offense), it is difficult to identify if there are certain crimes Gov. Pritzker is not likely to pardon – except for one offense category: sex crimes. In the nearly 10 years that I have been tracking clemency decisions, I’ve never known an Illinois governor, Democrat or Republican, to pardon a sex crime.

Most of the crimes pardoned by Gov. Pritzker in 2020 involved non-violent offenses (e.g., theft/retail theft, burglary, drug offenses). Only a handful of violent offenses (7) were pardoned by him.

Reinstating Gun Rights

One of the reasons routinely cited by people seeking clemency is their hope of regaining their gun rights. In Illinois, the only way a convicted felon can regain his or her gun rights is to petition for clemency.

During most of Gov. Rauner’s tenure, gun rights were routinely reinstated along with their pardon. Keep in mind, though, Rauner seldom granted a pardon – roughly 6.5% in all.

Two years into his tenure, Gov. Pritzker has not followed Gov. Rauner’s footsteps. So far Gov. Pritzker has only once reinstated someone’s gun rights. Admittedly, there is no way to know if the remaining sixty-three (63) successful petitioners requested these rights.

I am now aware of at least petitioners who expressly asked for their gun rights but received pardoned (from Gov. Pritzker) without them. Both petitioned on cases dating back to the early 1980s (non-violent felonies), receiving probation for their crimes, and been crime-free for 30+ years. No obvious explanation why Gov. Pritzker declined their gun rights request could be spotted. In contrast, the only person whose gun rights were reinstated had been convicted of a 2000 violent felony offense, resulting in a prison sentence.

Prospective Clemency Claimants Be Advised

As we peer into the crystal ball for 2021, it is safe to say that COVID-19 will continue to cast a long shadow over the clemency process. For those sitting in a cramped prison cell, that is good news. So long as COVID casts its shadow over the process, requests for commutations likely will continue to be prioritized.

For those looking for a pardon, the picture is not so rosy. I’ve stopped anticipating how long the pardon process will take from start to finish.

If you’re looking for your gun rights, the best course of action may be to take a “wait and see” approach. Is there a possibility Gov. Pritzker might make a course correction -- as Gov. Rauner once did – and start reinstating gun rights on a more routine basis? Only time will tell.

That said, if a pardon is what you need (excluding gun rights), go ahead, file your petition, and just be prepared to wait a while.