730 ILCS 5/3-3-13
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-3-13)Sec. 3-3-13. 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  petition.(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  year.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  petitioner.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,  or pardon.  (Source: P.A. 101-288, eff. 1-1-20.)