In December 2023, Governor Shapiro signed Senate Bill 838, now “Act 44”, into law. The law aims to radically overhaul PA's strict probation system to promote fairness, justice, and equality for defendants across the state – but is it effective? Below, the LLF Law Firm Criminal Defense Team explores what the probation reform laws mean for individuals.

Do you need representation for an alleged parole violation? Contact the LLF Law Firm Criminal Defense Team at 888.535.3686 or online to retain our attorneys.

What Are PA's Probation Law Reforms?

Prior to the introduction of PA's probation reform laws, there were two major issues with Pennsylvania's probation system:

• The courts frequently revoked probation simply because defendants couldn't afford to pay probation costs and fees.
• Courts often ordered incarceration for very minor “technical” violations, meaning a violation of the terms of a probation order, leading to a cycle of repeated bouts of incarceration for the most vulnerable defendants.

In many ways, PA's excessively strict probation laws served to stop individuals from rebuilding their lives after enduring the criminal justice process. Long overdue, Act 44 perhaps does not go far enough to protect prisoners – but it's certainly a step in the right direction.

Breaking the Incarceration Cycle

Under Act 44, judges must now use the least restrictive means possible to handle alleged parole violations – particularly technical violations, which are inherently minor and non-violent.

Fairness for Those Who Can't Pay

Unless the court finds that a defendant can pay probation fines and has simply chosen not to do so, a judge should not automatically order incarceration or revoke probation for non-payment of probation costs.

The Presumption Against Incarceration

Just as a defendant ought to be presumed innocent unless proven guilty, we're now presuming that a defendant should not be incarcerated and that probation should not be provoked for technical violations unless cause is shown e.g., they commit a violent crime.

Could Parole Violations Still Lead to Incarceration?

Yes. It's important to note that Act 44 doesn't mean that defendants will never face imprisonment for parole violations. Specifically, those accused of parole violations could be incarcerated if:

• They are convicted of another crime or
• It is highly likely they will re-offend if they are not incarcerated.

Non-violent offenders, or those convicted of minor offenses, are still vulnerable to incarceration under Act 44. And it's unclear how judges will determine who is “likely” to re-offend should they not be incarcerated, so defendants could still be at risk of unnecessary incarceration – and lose out on the opportunity they deserve to rebuild their lives.

What to Do if You Face Probation Violation Charges

As we can see, Act 44 is far from perfect. It doesn't limit the length of probation sentences. Furthermore, it doesn't stop judges from “stacking” probation sentences, which could still lead to offenders facing repeated bouts of imprisonment for non-violent or relatively minor offenses.

So, what should you do if you're facing possible imprisonment for probation violation in PA? Well, your first step should be calling the LLF Law Firm Criminal Defense Team for representation. We will explain your legal rights, urgently move to protect your interests and support you every step of the way. Contact 888.535.3686 or complete our online contact form to schedule a meeting.