Let’s say your husband is serving a lengthy prison sentence in Illinois. Unfortunately, he is diabetic, among other health issues, and has had a series of ministrokes during his period of incarceration. The doctor at his prison is worried about his survival.
Is there a chance of winning early release due to his health?
The answer is yes.
To win early release, you or your loved one would have to petition the governor for commutation of your loved one’s sentence. Bear in mind that a commutation is not a pardon. Commutation means asking to cut short a prison sentence, not to clear your criminal record.
An attorney can help by preparing the petition and supporting documentation to show the facts of your loved one’s situation in their best possible light. The petition must be filed with the Illinois Prisoner Review Board. It is possible, and generally desirable, to request a hearing. While the prisoner is not allowed to attend, the hearing gives you and other supporters the opportunity to humanize your loved one and show why they deserve to be let out early.
If you are hoping to get a sentence commuted, several questions need to be considered: Is the health problem one that could lead to death or permanent disability? Is the Illinois Department of Corrections in a strong position to treat it? If your loved one is released, will there be sufficient funds and family support to assist him or her? Bear in mind that the willingness of the governor to act may be directly related to the severity of the original crime. As such, a convicted burglar with lung cancer may be more likely to win release than a convicted murderer.
If you have questions about executive clemency, contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.