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An Overview of Probation and Parole in Pennsylvania
|Last Updated on: 7th October 2023, 04:36 pm
An Overview of Probation and Parole in Pennsylvania
Probation and parole are an important part of Pennsylvania’s criminal justice system. With so many people under community supervision, it’s important to understand how these programs work. This article will provide a helpful overview of probation and parole in PA, using simple language and a conversational tone.
What is Probation?
Probation is a court-ordered period of supervision that allows someone to serve their sentence in the community instead of jail or prison. The judge gives probation as a sentence on its own, or sometimes in addition to a short jail term. While on probation, people have to follow rules set by the judge and meet regularly with a probation officer. Rules often include things like:
- Obey all laws
- Maintain employment
- Pay fines and fees
- Stay sober
- Report to a probation officer
If someone on probation breaks the rules, they can face punishments like more probation, community service, fines, or even jail time. Probation gives people a chance to stay out of jail if they can successfully follow the rules. It’s often seen as more rehabilitative than prison.
What is Parole?
Parole is when someone is released early from prison to serve the rest of their sentence in the community[4]. In PA, every inmate with a minimum sentence will be reviewed for parole release at least 4 months before their minimum date[2]. If approved, they can be released on parole on or after the minimum date. While out on parole, people have to follow rules set by the parole board. These are similar to probation rules.
Parole gives inmates a chance to reintegrate into society. But if they break the rules, they can be sent back to prison. There is no automatic right to parole in PA – the parole board gets to decide case-by-case.
Key Differences Between Probation and Parole
While probation and parole have some similarities, there are key differences:
- Probation is a sentence on its own. Parole is early release from prison.
- Probation is ordered by a judge. Parole is granted by the parole board.
- Probation avoids incarceration. Parole reduces it.
Pennsylvania’s Use of Probation and Parole
Pennsylvania uses probation and parole more than most states. PA has the 2nd highest rate of citizens under community supervision and the highest in the Northeast[1]. Some key stats:
- Over 350,000 people were on probation and parole in PA in 2016
- PA had over 112,000 on parole in 2016, compared to under 30,000 in Illinois
- PA parole rate is over 3 times the national average
With so many people under supervision, PA’s system faces challenges. Lengthy probation terms and aggressive responses to technical violations contribute to mass incarceration. Reform advocates say changes are needed.
Length of Probation Terms in PA
One issue is that PA allows very long probation sentences. Judges can give probation terms up to the maximum prison term allowed for the crime. They can also stack multiple probation terms back-to-back[2].
For example, if someone is convicted of two 5-year misdemeanors, they could get 10 years probation. An ACLU analysis found most states cap felony probation between 1-5 years and misdemeanors under 3 years. PA is an outlier in allowing such lengthy probation terms[1].
Responses to Probation & Parole Violations
Another concern is how PA responds to technical violations of probation and parole – when someone breaks the rules but doesn’t commit a new crime. Even minor slip-ups can land someone back in jail or prison.
Advocates say technical violators should get community-based sanctions like treatment or community service instead of reimprisonment. Research shows incarceration for technical violations has limited public safety benefit.
Probation Violations
In PA, common technical probation violations include[2]:
- Missed probation appointment
- Failed drug test
- Didn’t pay fines/fees
- Didn’t report police contact
Judges have wide discretion when probation is violated. Possible sanctions range from verbal warnings to imprisonment for the full probation term.
Parole Violations
Common technical parole violations include[2]:
- Missed parole appointment
- Failed drug test
- Didn’t report police contact
- Didn’t attend required programs
When parole is violated, the parole board can impose sanctions like short-term incarceration, community service, or GPS monitoring. But they also have discretion to send someone back to prison to serve the remainder of their sentence.
Racial Disparities
Like other aspects of the justice system, racial disparities exist in PA’s probation and parole system:
- Black parolees are more likely than whites to be reincarcerated for violations[1]
- Black probationers are more likely to get probation extended or revoked[1]
Advocates say reform should address these disparities.
The Push for Reform in PA
Many groups like the ACLU are pushing for probation and parole reform in PA. Some changes they recommend include[1]:
- Capping probation terms
- Limiting incarceration for technical violations
- Improving parole policies and practices
- Expanding parole eligibility
There is proposed legislation, like Senate Bill 14, that would reform PA’s probation system. The bill would limit probation terms and reduce incarceration for technical violations. Many hope these changes could help end mass incarceration.
The Role of Criminal Defense Attorneys
Criminal defense attorneys play an important role in the probation and parole process in Pennsylvania. Their job is to advocate for the legal rights and interests of their clients.
During the sentencing phase, defense lawyers can argue for probation instead of incarceration. They may present mitigating factors and highlight how probation with strict conditions can allow for rehabilitation.
If a client is sentenced to probation, their attorney can help them understand all the rules and conditions they must follow. The lawyer may also negotiate with the probation officer for less restrictive terms.
If a probation violation occurs, especially over a minor technical issue, defense counsel can advocate for alternatives like treatment programs instead of jail time. They can present arguments to the judge detailing how re-incarceration would be counterproductive.
For clients on parole, lawyers serve a similar role. They can help negotiate parole terms and provide guidance on following the rules. If a parole violation occurs, the attorney can argue for reinstatement instead of reimprisonment.
Overall, criminal defense lawyers are an indispensable resource for clients on probation or parole. They help ensure their legal rights are protected throughout the process.