Probation in Pennsylvania Keeps People Trapped in the Cycle of Incarceration

ACLU of Pennsylvania
3 min readJul 18, 2019

by Elizabeth Randol

Imagine a world in which you can be detained by police and thrown in jail for taking a phone call from a family member. Or for walking down the same street in your neighborhood that you’ve been taking for years. Or for getting laid off from your job.

When an individual is sentenced to probation in Pennsylvania, the government imposes dozens of onerous conditions upon them. These conditions can include a prohibition on traveling outside of the county, forbidding conversation with certain people (basically anyone a probation officer deems disreputable), random and invasive drug testing, home inspections, and a requirement that the person on probation be in their home during certain hours. Those on probation are subject to near-constant government surveillance and supervision.

“Technical violations,” or non-compliance with any of the numerous conditions of probation, behavior which would never be considered a crime can send that person back to jail for weeks, months, and sometimes years. A study recently released by the Council of State Governments found that 25% of 2017 prison admissions were for technical violations of supervision and 54% of all prison admissions were for supervision violations — clear evidence that probation and parole are key drivers of mass incarceration in PA.

Pennsylvania is also one of just a handful of states that fails to impose a cap on the length of the probation sentences. Pennsylvania judges have the discretion to dole out probation sentences that can last years, even decades. Living for years with the fear that the smallest misstep will send you back to jail as the government is breathing down your neck every moment is no way to live a life.

Last month, Senator Lisa Baker, chair of the Senate Judiciary Committee, held two days of public hearings regarding probation and parole terms in the commonwealth — a welcome and laudable effort intended to help the committee get their arms around how these complex systems work in Pennsylvania and the minefields people must navigate as they return to their families and communities.

One person who testified and shared her story was Latonya “T” Meyers. T spent nine months in jail even…

ACLU of Pennsylvania

We are the ACLU’s Pennsylvania affiliate, defending the Constitution and the Bill of Rights through litigation, advocacy, and community education and outreach.