Blog

Proposed Legislation May Reform Probation in Pennsylvania

Posted by Joseph D. Lento | Nov 06, 2021 | 0 Comments

Legislation now moving through the General Assembly of the Commonwealth of Pennsylvania would significantly reform the state probation system for convicted defendants.

Nonviolent offenders and those not incarcerated for sex crimes or certain other serious offenses could see their probation terms reduced or even terminated under the proposed law. SB 913 was passed unanimously out of the Senate Judiciary Committee on October 19th and was re-referred to the Senate Appropriations Committee on October 27th. A hearing date in Appropriations had not been set as of November 3rd.

Sen. Lisa Baker (R-Luzerne), Sen. Anthony H. Williams (D-Philadelphia), and Sen. Camera Bartolotta (R-Washington) are sponsoring the bipartisan legislation.

Gov. Tom Wolf (D) has said he would sign the bill if it comes to his desk this year.

What SB 913 Is

A comprehensive reform bill, SB 913 is “An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for conditions of probation and for modification or revocation of order of probation”—and that's the short title.

SB 913 requires a mandatory probation review conference after three years for misdemeanors and five years for felonies.

What SB 913 Does

In addition to good behavior, the law includes conditions that, if met, might qualify someone for a shortened or terminated probation. Court-approved conditions that merit consideration of modified or terminated probation during a review conference include:

  • “consideration of child care responsibilities and limitations,”
  • attaining an educational diploma or academic degree,
  • participation in nonprofit community service program,
  • undergoing individual or family counseling,
  • accepting medical or psychiatric treatment,
  • successful completion of a substance abuse program,
  • obtaining a vocational or occupational license or other certification or training;
  • making scheduled, affordable restitution or reparations for the crime committed, or
  • “any other condition approved by the court … that substantially assists the defendant in leading a law-abiding life or furthers the rehabilitative needs of the defendant.”

Instead of waiting for the mandatory three- or five-year review, a defendant may petition for an early probation review conference if approved by the Pennsylvania Commission on Crime and Delinquency.

Technical Probation Violations Redefined

Amendments to SB 913 add to the list of “technical” violations that would not only bar a defendant from probation review but might result in revocation of probation. These violations include violent and sex-related crimes, presenting a threat to public safety, possession of a weapon, and other serious transgressions, according to an analysis of SB 913 by PennLive/Patriot-News.

Be Prepared for SB 913 if Passed

As with most laws, especially new ones, “the devil is in the details,” said criminal defense attorney Joseph D. Lento of the Lento Law Firm of Philadelphia. There is no guarantee SB 913 will become law next year, but, “If you or a loved one is on probation, the time to prepare a petition for an early probation review is now,” he stated. With 178,000 Pennsylvanians on probation, the review system could become backlogged with petitions for early review—and appeals of probation revocation under the new technical violations. Call 888-535-3686 today or contact Lento Law Firm online for professional legal advice.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu