Why Pennsylvania Needs Probation Reform

KEY POINTS

• Pennsylvania has an overburdened probation system that delivers substandard results. The commonwealth’s recidivism rate is 41 percent—one of the highest in the nation.
• In contrast to almost all other states, Pennsylvania allows probation terms to run the full length of the statutory maximum for the offense committed. The result is abnormally long probation periods, which overburden and prevent probation officers from focusing more on the individuals with a high risk of reoffending.
• Between two thirds and three quarters of Pennsylvanian voters support probation reform.
• By right-sizing probation terms, Rep. Baker’s bipartisan comprehensive probation reform bill, SB 913, will improve public safety and produce millions of dollars in savings.

Pennsylvania can improve public safety and reduce incarceration. Between 2012 and 2018, the state’s crime rate fell by almost 30 percent, while its inmate population fell by 7.5 percent.^[1] The Commonwealth Foundation, along with groups from across the ideological spectrum, helped drive this trend by supporting “smart-on-crime” policies such as the Justice Reinvestment Initiative (passed in 2012) and clean slate legislation (enacted in 2018).^[2] Comprehensive probation reform, like Senate Bill 913 (SB 913), is the next step in effective criminal justice reform.

WHAT IS PROBATION?

Probation is a period of public supervision of a criminal offender, ordered by a judge in lieu of, or in addition to, a prison or jail sentence. The probation system is county-based and should not be confused with the state parole system.

Individuals are more likely to receive probation instead of a prison sentence if they are first-time offenders, or if they have committed non-violent crimes such as driving under the influence or illegal drug possession. The purposes of probation are to keep these individuals out of prison, to allow them to work and contribute to society, and to rehabilitate them so that they do not commit further crimes. Individuals convicted of Class A- and B-grade felonies are not eligible for probation.

At present, approximately 178,000 individuals are on probation in Pennsylvania.^[3] Statewide, the average probation sentence is two years, and probation officers have an average caseload of 105 probationers.^[4]

WHY THE PROBATION SYSTEM NEEDS REFORM

Pennsylvania’s overburdened probation system delivers substandard results. The commonwealth’s recidivism rate—that is, the percentage of convicted criminals who reoffend—is 41 percent. Of the 42 states for which data are available, only six have higher rates.^[5]

Pennsylvania is unusual in allowing probation terms to be as long as the statutory maximum for the offense committed. Offenders can remain on probation for 20 years, even while committing no additional offenses during that time. One alternative is to cap probation terms. Twenty-six states cap probation at five years for felonies, and nineteen states cap it at two years for misdemeanors.^[6]

Adding length to probation terms does not enhance deterrence.^[7] It may even have detrimental effects by increasing the likelihood of technical violations (e.g., missed meetings or minor traffic offenses), which extend probation and can result in re-confinement. Over 10 percent of prison admissions in Pennsylvania are due to probation violations.^[8]

The state must not ignore probation violations, but it also should not imprison individuals for technical violations. The latter is costly ($60,000 per inmate per year) and undermines rehabilitation.

Adding length to probation terms also burdens probation officers with difficult-to-manage caseloads. In Pennsylvania, the average caseload for probation officers (105) is more than twice the number (50) recommended by the American Probation and Parole Association.^[9] Excessive caseloads prevent probation officers from focusing their finite attention and energies on individuals with a high risk of reoffending.

PROBATION REFORMS TO IMPROVE PUBLIC SAFETY

Pennsylvania lawmakers should institute better guidelines for probation terms. Rep. Baker’s SB 913 does this. The bill right-sizes probation sentences to ensure that probation officers are not overburdened, and that offenders pay for their crimes but do not face undue barriers to societal reentry. Specifically, the bill:

• Instructs officers to conduct automatic probation review conferences after three years of probation for misdemeanors and after five years for felonies, unless the defendant has committed a serious violation of probation terms (e.g., a technical violation involving violence, multiple technical violations, or a felony or misdemeanor).
• Stipulates that these conferences result in the termination of probation “unless the court finds” that the defendant’s conduct “creates an identifiable threat to public safety,” the defendant has not completed required treatment, or the defendant has failed to pay full restitution.
• Allows the review to take place earlier than scheduled if the defendant meets educational, employment, or other goals.
• Permits the waiving of the review if all stakeholders approve.

Similar policies have had “great success” in York County and succeeded in other states.^[10] In 2012, Missouri instituted a policy known as “earned discharge,” which allows defendants to serve shorter terms if they comply with conditions.^[11] As a result, 36,000 probationers and parolees have received term reductions averaging fourteen months, and officer caseloads have fallen by 18 percent. More recently, Georgia’s legislature passed a bill last March that allows defendants to end their probation terms early if they comply with conditions. Probationers are already taking advantage of this benefit.^[12]

In addition to enhancing public safety, probation reform, by reducing caseloads and preventing recidivism, will produce roughly $6 million dollars in annual savings for the commonwealth and its counties.^[13]

Recent polling shows that between two thirds and three quarters of Pennsylvanian voters support probation reform.^[14]

Pennsylvania’s long probation sentences are costly. Moreover, they do not contribute to—and may undermine—public safety. SB 913 would help protect Pennsylvania’s communities while saving taxpayer dollars and facilitating offenders’ reentry into society.

^[1]“Department of Corrections Budget Testimony,” Pa. Department of Corrections (February 2020), https://www.cor.pa.gov/About%20Us/Statistics/Documents/Budget%20Documents/Budget%20Testimony%202020-21.pdf.

^[2]Jessica Barnett, “Does Justice Reinvestment Work?” Commonwealth Foundation (July 2019), https://www.commonwealthfoundation.org/policyblog/detail/does-justice-reinvestment-work. Charles Mitchell and Sen. Anthony Williams, “Can Criminal Justice Reform Unite America?” Commonwealth Foundation (February 2019), https://www.commonwealthfoundation.org/policyblog/detail/can-criminal-justice-reform-unite-america.

^[3]PennLive Editorial Board, “It’s Time to Fix Pennsylvania’s Probation System,” PennLive (January 2020), https://www.pennlive.com/opinion/2020/01/its-time-to-fix-pennsylvanias-probation-system-pennlive-editorial.html.

^[4]Dave Sunday, Testimony for Senate Judiciary Committee, Pennsylvania District Attorneys Association (September 2021), https://judiciary.pasenategop.com/wp-content/uploads/sites/42/2021/09/David-Sunday-York-Co-DA-Probation-Reform-Testimony-9-20-21.pdf. April Billet-Barclay, “The Pa. Legislature must do better on probation reform next session,” Pennsylvania Capital-Star (October 2020), https://www.penncapital-star.com/criminal-justice/the-pa-legislature-must-do-better-on-probation-reform-next-session-opinion/.

^[5]World Population Review, “Recidivism Rates by State 2021,” https://worldpopulationreview.com/state-rankings/recidivism-rates-by-state.

^[6]Ron Southwick, “Pa. Lawmakers Push Again to Change Probation System, But Can They Get It Done?” PennLive (October 2021), https://www.pennlive.com/news/2021/10/pa-lawmakers-push-again-to-change-probation-system-but-can-they-get-it-done.html.

^[7]Columbia University Justice Lab, “Less is More in New York: An Examination of the Impact of State Parole Violations on Prison and Jail Populations,” (January 2018), https://justicelab.columbia.edu/sites/default/files/content/Less_is_More_in_New_York_Report_FINAL.pdf.

^[8]Council for State Governments, “Confined and Costly: How Supervision Violations are Filling up Prisons and Burdening Budgets,” (June 2019), https://csgjusticecenter.org/publications/confined-costly/?usState=PA#primary.

^[9]Ron Southwick, “Pa. Lawmakers Push Again to Change Probation System, But Can They Get It Done?” PennLive (October 2021), https://www.pennlive.com/news/2021/10/pa-lawmakers-push-again-to-change-probation-system-but-can-they-get-it-done.html.

^[10]Dave Sunday, Testimony for Senate Judiciary Committee, Pennsylvania District Attorneys Association (September 2021), https://judiciary.pasenategop.com/wp-content/uploads/sites/42/2021/09/David-Sunday-York-Co-DA-Probation-Reform-Testimony-9-20-21.pdf.

^[11]Pew Trusts, “Missouri Policy Shortens Probation and Parole Terms, Protects Public Safety” (August 2016), https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2016/08/missouri-policy-shortens-probation-and-parole-terms-protects-public-safety.

^[12]Erika Curtis, “Achieving Criminal Justice Reform in the South,” Saporta Report (July 2021), https://saportareport.com/achieving-criminal-justice-reform-in-the-south-georgia-justice-project-and-sb-105/thought-leadership/community-foundation-for-greater-atlanta/. Senate Bill 105, 2021-2022 Regular Session, Georgia General Assembly, https://www.legis.ga.gov/legislation/59433.

^[13]Fiscal Note Senate Bill 14 of 2019, Pennsylvania General Assembly, https://www.legis.state.pa.us/WU01/LI/BI/SFN/2019/0/SB0014P1834.pdf.

^[14]Pennsylvania Statewide Reform Alliance, “Key Findings Memo,” Harper Polling (January 2020), https://www.scribd.com/document/443508956/20-01-PA-Statewide-Reform-Alliance-Key-Findings-Memo-1. Justice Action Network, “Pennsylvania Statewide Poll Results,” Public Opinion Strategies (September 2019), https://www.commonwealthfoundation.org/docLib/20200522_JusticeActionNetworkCJRPoll2019.pdf?t=5/22/2020%2010:28:29%20AM.