In June 2024, Act 44, the Probation Reform Act, went into effect. Before the passage of Act 44, Pennsylvania's probation laws were strict and often stuck people in a never-ending cycle of probation and jail. In some cases, these laws made it difficult for individuals to secure jobs or housing. It also punished those with limited financial means.
These laws did nothing to keep Pennsylvanians safe. What it did do was make it difficult for people to recover their lives after a period of imprisonment or while on probation.
Act 44 is expected to help an average of 60,000 people a year between 2024 and 2029. This number doesn't include those who may be eligible but were convicted before 2024.
If you're on probation, contact the LLF Law Firm Criminal Defense Team. We can help you understand Act 44 and how it could affect your probation. Call us at 888-535-3686 or fill out our online form.
Act 44: What It Does
Act 44 redefines Pennsylvania's probation laws. It focuses on individuals and the least restrictive approach. Courts should now approach probation on a case-by-case basis, considering an individual and their situation, instead of a one-size-fits-all approach.
One of the biggest problems with Pennsylvania's previous laws is that individuals could find themselves with extended probation or in jail for minor violations of their probation terms. Individuals could end up in jail if unable to pay or due to noncriminal probation violations.
In other words, even when an individual wasn't a threat, they could still end up back in jail or with an extended prison sentence. Rapper Meek Mill has been one of the strongest advocates for probation reform.
Mill is one of thousands of Pennsylvanians who found himself trapped in the prison and probation cycle. In 2017, Mill was sentenced to two-to-four years in prison for popping a wheelie while on probation. His story highlighted the overreach of Pennsylvania's previous laws.
Act 44 limits what behavior is a technical violation of probation. The new law also creates a presumption against jail terms, meaning that judges should seek alternatives to incarceration. When a jail term is necessary, judges should limit the length of imprisonment.
Halfway Point
Pennsylvania now has a statewide standard for early termination of probation. Individuals may now be eligible to end their probation halfway through their probation period, after two years for misdemeanors or four years for felonies, whichever is sooner.
For example, an individual has a six-year probation sentence for a felony. They may be eligible for early termination at the three-year mark, which is half of the probation sentence.
These new statewide standards don't replace county-level early termination processes. The goal of Act 44 is to create a baseline for the state, and counties may decide to establish additional criteria for early termination.
When counties establish their own guidelines for early termination, they must at least follow Act 44. For example, a county could decide that individuals can apply for early termination at the one-year mark for misdemeanors and the three-year mark for felonies. What a county cannot do is establish a three-year mark for misdemeanors and a five-year mark for felonies.
Incentives
Punishment isn't effective without rehabilitation. Act 44 encourages activities and goals that will help to reduce recidivism. Act 44 establishes incentives for individuals who complete qualifying activities, and these individuals may have their probation shortened by six-to-twelve months.
These incentives not only benefit those on probation, they also benefit the community. These incentives encourage education and a commitment to improve and not commit additional crimes. To learn more about these incentives and how they can help shorten your probation sentence, contact the LLF Law Firm's Criminal Defense Team.
Fees and Penalties
Probation carries a financial burden in the form of fees and penalties. Before the passage of Act 44, an inability to pay could trap individuals in extended probation or even a new stint in jail. Many ended up owing far more than their initial amount. For many, it was an unending cycle, especially for those whose probation conditions limited their ability to work.
Act 44 limits extended probation and jail sentences for those who are unable to pay. Courts are required to evaluate if an individual is able to pay.
If courts determine that someone cannot pay, courts cannot subject individuals to extended probation or prison sentences. If courts believe or have evidence that an individual can pay but isn't, individuals may still be subjected to extended probation or jail time.
If you're having difficulty paying, don't assume that courts will agree with you. The LLF Law Firm Criminal Defense Team can help you build a case to show why you're unable to pay and avoid extended probation or jail time.
Economic Benefits
Act 44 is good for both government funds and individuals. By shortening how much time people are on probation, Act 44 saves Pennsylvania money. Both probation and prison sentences cost the state money, and the previous probation laws created a financial burden on the state with unnecessary probation and imprisonment requirements.
The law also benefits individuals by giving them more employment opportunities. Act 44 not only limits restrictive probation that can negatively affect a person's employment options, but it also encourages educational and vocational training.
What Act 44 Doesn't Do
Some individuals won't qualify for Act 44. The state also didn't include guidelines for initial probation periods, and judges still have the power to set probation terms. This lack of probation guidelines is one reason why some in Pennsylvania opposed Act 44.
Those convicted of stalking, sexual crimes, or violent crimes may also not be eligible. The goal of Act 44 is to keep the public safe while not putting unnecessary burdens on those on probation.
If you've been convicted of a crime involving violence, you should contact the LLF Law Firm Criminal Defense Team. We can help you determine if you're eligible or how you may become eligible.
If You Have Pending Charges
Act 44 specifically works with people who have already been convicted. If you have charges against you, the LLF Law Firm Criminal Defense Team can help you navigate the process and potentially avoid both probation and a criminal record.
Redirect Your Future
Society benefits when people feel safe. Pennsylvania's criminal justice system focuses on punishing people who commit crimes as a way to keep Pennsylvanians safe. Before Act 44, Pennsylvania's probation laws did little to promote public safety but did trap individuals in a vicious probation-and-jail cycle.
Act 44 seeks to minimize the damage to an individual's life and career caused by overly restrictive probation sentencing. If you're on probation, contact the LLF Law Firm Criminal Defense Team to learn how we can help you navigate the probation system. Call us at 888-535-3686 or fill out our online form.
