For the Defense - Vol. 9, Issue 4 - 18
An Overview of the
Probation Reform Act: More
Good than Bad (but with a
bit of ambiguity thrown in)
Elisa K. Downey-Zayas
S
igned into law in December 2023, " Act 44 " or the " Probation
Reform Act " attempted to resolve some of the most
problematic aspects of violation of probation hearings and
help reduce the number of people incarcerated or on supervision
for non-violent offenses. While imperfect-and with some glaring
omissions (such as detainer reform)-the Act has the potential
to fundamentally alter the way in which probation, the courts,
and the Commonwealth approach violation hearings. As defense
counsel, Act 44 provides many strong legal foundations for
advocacy that we can use to argue for reduced prison sentences
and avoid revocation of probation for our clients. This article,
while it does not relate every amendment or alteration made
through Act 44, provides an overview of the key provisions of the
law known as the Probation Reform Act and how it impacts our
practice as defense counsel.
Applicability
The Act applies to all individuals sentenced or resentenced on
or after June 11, 2024, the effective date of the bill.1
Meaning,
any violation of probation matters listed on or after this date
are subject to its amendments, limitations, and new standards
regardless of when the alleged violations or conduct occurred.
If a defendant has a hearing on or after June 11, 2024, he or she
is afforded the new protections. One important distinction to
18 For The Defense l Vol. 9, Issue 4
be aware of: this is a probation reform bill and not a probation
and parole reform bill. Meaning that all benefits afforded
under the Act do not apply to those on county parole-only
those actively serving a probationary sentence.
Amendments to 42 Pa.C.S.A. ยง 9763 - Conditions of Probation
While a few minor amendments in Section 9763 were made
to the types of conditions that a court may impose,2
the biggest
change by far was to the introductory text in Section 9763(b),
which makes clear that the requirement for individualized
sentencing applies to the setting of probation conditions, as
well. Admittedly, negotiating the exact conditions of probation
is often overlooked in practice. However, with the passage of
Act 44, defense counsel should consider the impact of targeted
advocacy in this area. Reducing or greatly limiting the number
of conditions that a client is subject to has the potential to
reduce the number of violations going forward. And with the
amendments to Section 9763(b), the legislature has provided
defense counsel with a stronger legal foundation to increase
our advocacy in this area.
Section 9763(b): Conditions shall be assessed and
ordered based on individualized circumstances. . . .
[T]he court shall attach only those conditions that
For the Defense - Vol. 9, Issue 4
Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 4
Contents
For the Defense - Vol. 9, Issue 4 - 1
For the Defense - Vol. 9, Issue 4 - 2
For the Defense - Vol. 9, Issue 4 - Contents
For the Defense - Vol. 9, Issue 4 - 4
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