Improving the pathway back to a second chance.
Probation is often the first step in preparing those incarcerated to successfully re-enter their communities. This year the Commonwealth of Pennsylvania has joined a number of other states in creating new probation-related guidelines, which minimize punishments for technical violations and reduce probation time for good conduct or achieving certain other goals. Three highlights of the bill include:
- Judges’ viewpoint: The new bill establishes that judges take a “presumption against confinement” for minor violations. Further it stipulates that “no one should be left in jail unless the violation was serious or they are a threat to public safety.”
- Probation review conferences: There are now clearly defined timelines. Conferences for lesser offenses are mandatory every two (2) years or 50% of the probation sentence depending which is sooner. For felonies, the reviews are to be conducted every four (4) years or 50% of the probation sentence, whichever is sooner.
- Probation conditions: In determining the probation sentence, judges are required to examine each case individually and based on a defendant’s unique circumstances.
The natural question for many might be… “What is considered a minor technical violation?” A short list includes showing up late to an appointment, returning home after curfew, minor traffic offenses or visiting family out of state without permission. In such instances, those serving a probation sentence will no longer be sent back to prison as in the past.
On the contrary, there are a number of infractions that will not be overlooked. Instances in which the individual is convicted of another crime or identified as a threat to public safety do carry penalties. Further examples include technical violations that are of a sexual or assaultive in nature, involve possession of a firearm or dangerous weapon and involve the “manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug.”
In the end the legislative reform was “designed to implement greater fairness in the process, eliminate excessive incarceration, give individuals a more reliable second chance to get their lives right, and offer taxpayers a break from ever-rising state correctional costs.” Now signed into law, it offers a solution to the previously revolving door and pathway to move forward.
This is the first of several new laws that take effect in 2024 that impact residents of Pennsylvania. At Neff & Sedacca, P.C., we are committed to sharing ongoing updates and providing a strategically-sound, aggressive defense for our clients. If you have questions regarding these recent changes and eligibility for a probation review, you should seek experienced legal counsel. To schedule a confidential consultation with the attorneys at Neff & Sedacca, P.C., contact the firm by phone at 215-563-9800 or email info@neffsedacca.com.