Pennsylvania’s Act 44, which went into effect in mid-2024, implemented significant changes in the state’s probation system. These changes seek to reduce intensive supervision for many probationers and eliminate “technical” violations that can lead to many offenders getting stuck in the criminal justice system due to an endless series of probation and incarceration terms for such violations. Act 44 should allow the probation system to focus more of its supervisory resources on probationers with a higher risk of reoffending.

Key Changes in Violation Rules

Some key changes introduced by Act 44 include altering the definition of what constitutes a technical violation of probation and limiting the penalties that courts can impose for such violations. Specifically, Act 44 imposes a presumption against incarceration for technical probation violations. Instead, judges may revoke probation and incarcerate a defendant only if:

• The defendant receives a conviction for a new crime
• The court finds by clear and convincing evidence that the defendant committed a technical violation involving a specific, articulable threat to public safety and no less restrictive means will serve the defendant’s rehabilitative needs or protect the public
• The court finds by a preponderance of the evidence that the defendant committed a technical violation that involved a sexual nature, assaultive behavior, possession or control of firearms or dangerous weapons, the manufacture/sale/delivery/possession with intent to deliver drugs, absconding from supervision, or an intention and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions.

Act 44 limits the incarceration period a court may impose for a technical violation, including up to 14 days for a first violation or up to 30 days for a second violation.

Early Termination Provisions

Act 44 also introduces new rules for early termination of probation. The law requires termination of probation following the probation review conference unless the court finds by clear and convincing evidence that the defendant’s conduct during probation created an identifiable threat to public safety or by a preponderance of the evidence that the defendant failed to complete all required treatment and programs and termination of probation would prevent the defendant from continuing court-mandate treatment or create a substantial likelihood that the defendant would discontinue treatment.

Act 44 also prohibits early termination under specific conditions, including:

• The defendant committed a second- or first-degree misdemeanor or a felony while incarcerated or serving probation.
• The court finds by clear and convincing evidence that the defendant committed a technical violation that created an identifiable threat to public safety in the six months preceding the probation conference review.
• The court determines by a preponderance of the evidence that the defendant committed a technical violation in the six months preceding the probation conference review that involved a sexual nature, assaultive behavior, possession or control of firearms or dangerous weapons, the manufacture/sale/delivery/possession with intent to deliver drugs, absconding from supervision, or an intention and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions.

Contact a Criminal Defense Attorney Today

 Are you facing a potential probation sentence or are you currently serving probation? If so, you need to know how Act 44 has affected your situation. An experienced probation attorney from Chieppor & Egner, LLC can explain your rights and options. Contact us today for a confidential consultation with our team to discuss your situation.