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Author Topic: Filing a Clemency Petition - sample petition  (Read 13114 times)

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Offline Dazzler

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Filing a Clemency Petition - sample petition
« on: January 30, 2007, 04:11:05 PM »
The following information contains resources for filing clemency and expungement petitions to the Illinois Prison Review Board.


The Illinois Prison Review Board reviews, processes and submits confidential recommendations to the Governor on all executive clemency petitions that comply with the following steps:

First, a copy of the Board's clemency guidelines are forwarded to every person who submits a request, either by telephone, mail or e-mail, or by accessing the Board's website at www.state.il.us/prb under the Executive Clemency Link.

Once the Board's staff receives a petition, it is reviewed to ensure compliance with all of thefilingguidelines. The petitioner is informed if the petition is complete and a docket number and letter will follow. It the petition is incomplete, a letter is sent informing the petitioner of what information is missing.

Incomplete petitions must be completed within 90 days or they are discarded. A late, but completed, petition is placed on the next available hearing docket. The petitioner is also afforded the opportunity to have a public or a non-public hearing. The Board's recommendations are typically forwarded to the Governor within 60 days following the hearing. The Governor is not under any deadline to respond to the petition. When a decision is made, the Board will notify the petitioner of the Governor's determination.
 



Guidelines for Executive Clemency
http://www.illinois.gov/prb/Pages/prbexclemex.aspx




Download a sample Petition for Executive Clemency
(This sample petition can be filled out electronically, however it will still have to be printed out to submit to the Prisoner Review Board, the sentencing judge, and the county's state's attorney):

http://www.illinois.gov/prb/Documents/sample%20petition%204.13.14.pdf


Sample Petition


Executive clemency petitions filed with the Board for hearing and recommendation to the Governor have increased in recent years. The average size of the Board's quarterly clemency public docket hearing was 35 cases in 1990. In 1993, the average number of cases considered quarterly was 90. The average number in 2003 was approximately 400 cases per quarter. In 1994, the Board initiated more restrictive petitioning requirements mandating unsuccessful petitioners to wait for one year before filing a repeat petition, absent compelling new information.

Clemency requests may stay at a relatively high level, because inmates serving determinate sentences now have no opportunity for parole and must serve the sentence imposed by the courts, unless the Governor grants them release through his constitutional executive clemency powers.
 

 
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline rsandelli

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Re: Filing a Clemency Petition - sample petition
« Reply #1 on: January 30, 2007, 04:13:22 PM »
 &*&  Thank you Dazz.

Offline Dazzler

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Re: Filing a Clemency Petition - sample petition
« Reply #2 on: January 30, 2007, 04:17:22 PM »
 *(^%<>#  I've posted this in Good Time Credit forum also.
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline dancer

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Re: Filing a Clemency Petition - sample petition
« Reply #3 on: January 30, 2007, 07:11:15 PM »
I thank you for looking this up also.   I am sure this information will be useful to several members and guests. 

Offline wifey

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Re: Filing a Clemency Petition - sample petition
« Reply #4 on: April 17, 2007, 03:15:50 PM »
I apologize in advance about not understanding this completely. 

My loved one is serving an 85% sentences with mandatory minimum years for each count.  Are we (or am I) able to file a petition for Executive Clemency? 

We are also filing an appeal and have retained a lawyer to begin this process.  Would it be beneficial to also file a petition for executive clemency while the appeal is going on? 

I don't want to hinder any part of the appeal process as there are many appealable issues.

Please advise and thank you in advance for your answers!

Offline Jims

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Re: Filing a Clemency Petition - sample petition
« Reply #5 on: April 17, 2007, 03:21:57 PM »
You can't file a petition for clemency while you are still in the appeals process, which can take years. If you have an active appeal going, the PRB will not consider your petition.

Plus, this governor is NOT a clemency governor. He has thousands of petitions sitting in his office that have not been answered. They haven't been denied, they haven't been accepted. They are in limbo. After a certain amount of time, the petitioner can consider his refusal to answer as a "denial" and reapply. But I'm not sure how long it is that he has to wait.

Definitely go ahead with your appeals.
What's done to children, they will do to society.  ~Karl Menninger

Offline wifey

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Re: Filing a Clemency Petition - sample petition
« Reply #6 on: April 17, 2007, 08:43:13 PM »
Thank you so much for your help!

Offline klo

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Re: Filing a Clemency Petition - sample petition
« Reply #7 on: May 30, 2007, 03:00:45 PM »
In my husband's case, he plead guilty to a lesser charge b/c we did not want to risk a possible 28 year sentence.  In any case, if suddenly new evidence surfaced that the alleged "victim" was apologizing for her actions...what can we do here?   Is clemency the way to go?  She has written two letters to my husband and just this week a received a full page letter in which she admits to being sorry for everything she has done to me and my family, and says she wants to fix the wrong done but does not know how.  I never believed the charges came from her, they came from the state who wanted to make a poster-boy out of my husband.  As a result, he is gone for at least 2 more years and has to register as a sex offender forever and the "victim" tells me she is terribly sorry for having done this to my family.  I already faxed the letters to our attorney who asked my permission to contact the prosecutor.  What more can we do here?  I believe my husband does not deserve to be in jail for this nor should he have to carry that tag for the rest of his life for something the victim says was "the most audacious thing I have ever done".  Help, anyone?

Offline wifey

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Re: Filing a Clemency Petition - sample petition
« Reply #8 on: May 30, 2007, 03:22:14 PM »
klo,
I hope this will clear your husband.  I am praying for you everyday!  There has to be some light at the end of this tunnel!

Offline Jims

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Re: Filing a Clemency Petition - sample petition
« Reply #9 on: May 30, 2007, 04:01:56 PM »
If this isn't a case for clemency, I don't know what would be. I wonder what the prosecutor will say. If the victim wants to make this right, why doesn't she contact the prosecutor directly and plead for your husband's release?
What's done to children, they will do to society.  ~Karl Menninger

Offline wifey

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Re: Filing a Clemency Petition - sample petition
« Reply #10 on: May 30, 2007, 06:16:16 PM »
Is this girl willing to change her story now?  There can't possibly be a law against this...could there?  Could she be charged with filing a false report?  Will the prosecution take ownership on the fact that perhaps they may have coerced this person into some kind of statement that would have forced the defendant to plea?

Offline Dazzler

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Re: Filing a Clemency Petition - sample petition
« Reply #11 on: May 30, 2007, 08:10:44 PM »
I can't remember the name of the girl or the convicted guy...
Gary...something I think...she recanted her rape story many years later.  Gov. Thompson heard the case himself and he was exonerated after she changed her story and testified that this guy wasn't guilty...don't ya'll remember it?
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Scout

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Re: Filing a Clemency Petition - sample petition
« Reply #12 on: May 30, 2007, 08:23:12 PM »
Sure do, Gary Dotson...big story around here.
Together, we CAN make a difference


It's difficult to have a battle of wits with unarmed individuals.

Offline Jims

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Re: Filing a Clemency Petition - sample petition
« Reply #13 on: May 30, 2007, 08:37:27 PM »
Oh yeah. I remember that!! Quite the story:

http://en.wikipedia.org/wiki/Gary_Dotson

What's done to children, they will do to society.  ~Karl Menninger

Offline klo

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Re: Filing a Clemency Petition - sample petition
« Reply #14 on: May 30, 2007, 09:58:28 PM »
I am not sure if she is changing her story or what but in her letter she says she wants to make right but does not know how.  She did not file a report.  The state pursued the case b/c of what some cleaning person thought she saw and from what we know, she was questioned multiple times over a 3 month period until she finally said what they wanted to hear.  I absolutely know the reports from the police were missing key components.  Sometimes I wish we went to trial, but all she had to do was say yes it happened and nothing else would have mattered b/c of the way the law is written.  I know from the tone of the letter sent to me that she did not want any of this for him or my family.  She's graduated now and 18, I would love for her to decide to change her story and tell the school and the state to f-off.  I would love to know everything that she was put through as far as questioning.  I am wondering if our attorney should contact her directly.  She gave my husband her # and said, "call if you want, I know it is collect and it is OK."  This is a case where the law is wrong as written.  There is more to it than black and white.  He should not be doing 5 years nor should he be having to register for life (or at all).  He is not, was not and never will be a threat to anyone.  I think even this 'victim' would agree with that.  After re-reading her letter to me several times, I feel much more at peace with things.  I hold no ill will toward her, she was not a victim of my husband.  She is a victim of a vindictive legal system, just the same as I.  I gave the attorney permission to talk to the prosecutor.  I'll keep you all posted.

Offline wifey

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Re: Filing a Clemency Petition - sample petition
« Reply #15 on: May 30, 2007, 10:55:22 PM »
I wish the gals in our case would come clean...I know that they were pummelled for info from the prosecution the same way my husband's colleagues were ....and they were not shy in telling us how the questioning was leading and that the prosecution blatantly lied to them to get them to agree with them or to say incriminating things about the allegations.  My heart goes out to you, klo.  I wouldn't hold any ill will towards the girls in our case if they wanted to make things right.  Right now I just pray that God touches their hearts and that they come forward with the truth.  The trial would probably not have yielded the results that you thought it should.  I hope that through all of this, your husband ends up where he belongs...with you and your kids and a clean slate.  God Bless!