Pennsylvania Governor Signs Probation Reform and Clean Slate Bill

Pennsylvania’s probation requirements are changing under a pair of bills signed by Governor Josh Shapiro (D). He also signed a measure to automatically clear criminal records for individuals who receive a pardon. The probation legislation requires mandatory probation review conferences after two years or 50% of a probation sentence, whichever is shorter. It also calls for felony probation reviews after four years or 50% of the sentence.

It also clarifies for judges that minor technical violations of a probation sentence should not cause someone to be sent back to jail. That means things like showing up late for an appointment, returning home after curfew, or visiting family out of state without permission should not result in a return to jail. Instead, the legislation says confinement should only be used for “serious” violations, for failing to complete court-mandated treatment, or for someone considered a threat to public safety.

Shapiro was joined by Philadelphia rapper Meek Mill, who has advocated for probation reform for years after he was harshly punished for a probation violation in 2017. Mill was sentenced to two to four years in prison for violating his probation related to a 2008 gun and drug case. Mill is co-chair for the REFORM Alliance, which has fought to change the “supervision-to-prison” pipeline. He spoke tearfully at times about the struggle returning citizens often face maintaining the probation restrictions put in place.

“Every time I [crossed] the Ben Franklin to go pick my mom up to take my son to school in New Jersey, I was actually committing a crime the whole time from technical violations,” he said. "We try to be better, but they labeled us ‘felons,’ sent us back to jail,” Mill said. “I had to fight against that the whole time to gain my respect and be who I am today.”

Shapiro explained that the legislation came about after Meek’s case shined a light on “injustices” in the probation system. “We all learned from Meek’s case because it shined a light on the injustices in our probation system,” Shapiro said. “How someone could be sentenced to prison for years for not committing a crime, but for just a technical violation of a long probation.”

You can watch the trailer for the documentary "Free Meek" on Youtube. The full 2019 documentary, executive produced by Jay-Z (who co-founded Reform Alliance with Mill), is available to stream on Amazon Prime.

You can also read more about Reform Alliance, a non-profit organization that aims to transform probation and parole by changing laws, systems and culture to create real pathways to work and wellbeing, by visiting their website.