In a recent stride towards criminal justice reform, Pennsylvania has taken a monumental step towards a fairer system with the passing of Act 44, also known as the Probation Reform Bill. Enacted on July 11, 2024, this law represents a major shift in how the state approaches probation violations, focusing on rehabilitation over punishment. Act 44, alongside the Clean Slate Law, works to provide second chances for individuals involved in the criminal justice system, ultimately helping them reintegrate into society and reducing recidivism.
Act 44: Probation Reform Bill
Act 44 is designed to reform Pennsylvania’s notoriously harsh probation system, which has long been criticized for trapping individuals in a cycle of unfairly strict supervision and incarceration. A significant driver behind the reform was the experience of Philadelphia native and internationally known rapper Meek Mill, who faced repeated jail time for minor probation violations, including a two-to-four-year sentence for popping a wheelie on a dirt bike. His story, sadly a common one here in Pennsylvania, became a rallying point for reform advocates, and after five years of sustained efforts, Act 44 was passed with strong bipartisan support.
The core principle of Act 44 is that probation should be individualized and promote successful reintegration into society rather than be a vehicle for prolonged, unnecessary punishment. Previously, technical violations—non-criminal parole violations such as missing a meeting with a probation officer or failing to pay court fees—could lead to extended probation or incarceration. Despite being completely non-violent, these violations accounted for 54% of prison admissions in Pennsylvania, a state with one of the highest rates of probation and parole supervision in the country.
The experience of one client of mine illustrates how deeply punishment for technical violations can affect individuals and their families. This client was arrested as she was putting her children on the bus for school because she had not reported to probation, which had happened because she thought it was completed. She was taken to jail for a few months and her children were forced to be without their mother despite the fact that she presented no danger to them or society as a whole. To make matters worse, her absence while she was incarcerated for this technical violation caused her to lose her job and, potentially, her home as well. For a completely non-criminal misunderstanding, this client was robbed of the opportunity to rebuild her life, a journey she had already begun.
Under the new law, the definition of a technical violation has been narrowed, and the presumption against incarceration for minor violations has been strengthened. Judges are now required to consider alternative sanctions before sentencing someone to prison for a probation violation, with incarceration reserved only for the most serious breaches. The law also caps the amount of time an individual can be incarcerated for technical violations, further limiting the cycle of jail time that many found themselves in under the previous system.
Importantly, Act 44 mandates that probation conditions be the least restrictive necessary to promote rehabilitation and public safety. This means that probation officers must tailor supervision requirements to the individual, considering their specific needs and circumstances. For instance, a person struggling with housing or employment should not be penalized for failing to meet conditions that exacerbate those struggles.
A few years ago, I experienced first-hand the disregard the Montgomery County Adult Probation and Parole had for accommodating and prioritizing well-being. Alex, my client, long struggled with addiction, which was exacerbated by the death of both of his parents and best friend. At only 21 years old, he became addicted to heroin, which eventually led to his arrest and associated felony charges. After his release from prison, Alex relapsed and became homeless. Fearing for his survival, Alex got on a bus to California, where his siblings lived and were willing to support him. He expressed his frustration in trying to contact his probation officer to let them know his circumstances, who would not answer messages or calls. In California, he got a job and stopped using drugs. Not long after, an arrest warrant from Montgomery County Adult Probation was put out for him regarding his leaving the area. Alex was very willing to continue his probation requirements and inquired whether they could be transferred to California so that he could continue his journey towards a new life. The supervisor at the Probation Department required Alex to complete paperwork in Pennsylvania. Alex, very fearfully, came to Pennsylvania. My attempts to make sure Alex’s probation officer would arrange for him to stay in a rehab center or shelter upon his arrival were neglected and he soon became homeless and relapsed into addiction. After a tornado and record-flooding, Alex acquired hypothermia and was hospitalized. I have not heard from Alex since, as his phone was swept away in the flood. It is clear the Probation Department didn’t care about Alex’s welfare, and had the system considered his individual situation and given him permission to stay in California while his probation transfer was sorted out electronically, this story may not have such a heartbreaking end.
Along the same lines, Act 44 addresses the financial burdens of probation. The new law protects individuals from extended probation or incarceration simply because they cannot afford to pay court fees. Courts must now assess a person’s ability to pay and act in good faith if they cannot make immediate payments. This is a major step toward breaking the cycle of poverty and incarceration that plagued the previous system, where individuals were sometimes forced to choose between paying rent or probation fees.
Clean Slate Law: Sealing Criminal Records for a Fresh Start
In tandem with Act 44, Pennsylvania has also expanded its Clean Slate Law, originally signed into law in 2018. The Clean Slate Law allows individuals with certain non-violent convictions, including minor drug offenses, to have their records automatically sealed after a period of time without new convictions. The latest expansion of the law, signed in 2023, reduces the waiting period for summary offenses from ten years to five, making it easier for individuals to rebuild their lives after serving their sentences.
The Clean Slate Law is crucial in helping individuals secure housing, employment, and financial stability, which are often hindered by the presence of a criminal record. By sealing certain records, the law removes barriers that prevent individuals from fully reintegrating into society. The law represents a common-sense approach to reducing recidivism by ensuring that a past mistake in which debts have been paid does not forever impede someone’s future opportunities.
This expansion is expected to benefit thousands of Pennsylvanians, making it easier for them to access jobs and housing, contribute to the economy, and support their families. By encouraging people to re-enter the workforce and become productive members of society, the Clean Slate Law also helps to strengthen the state’s economy.
A Bipartisan Effort for a Safer, Fairer Pennsylvania
Both Act 44 and the Clean Slate Law are examples of bipartisan criminal justice reform that seeks to balance public safety with fairness. While the laws were championed by more progressive reform advocates like Josh Shapiro, Meek Mill and organizations like the REFORM Alliance, they also gained significant support from conservative lawmakers. The appeal lies in the shared goals of reducing taxpayer spending on excessive incarceration, promoting personal responsibility, and helping individuals turn their lives around.
For conservatives, the idea of redemption and giving people a second chance resonates with religious and moral values. For liberals, the focus on social justice and reducing the impact of poverty on criminal justice outcomes is paramount. Together, these laws make Pennsylvania safer by keeping individuals out of a cycle of incarceration and instead providing them with the tools they need to succeed.
The passing of Act 44 and the Clean Slate Law demonstrates that meaningful reform is possible when lawmakers work together to address systemic issues in the criminal justice system. Both laws reflect a commitment to rehabilitation, fairness, and second chances, providing a model for other states to follow as they seek to reform their own probation and parole systems.
In a state where probation violations have long kept individuals in and out of jail, Act 44 represents a new era—one in which individuals on probation are given a real chance to rebuild their lives without being trapped by overly punitive conditions. Similarly, the Clean Slate Law provides a pathway for individuals to move beyond their past and contribute to their communities. I remain hopeful that these reforms will result in a transformation of Pennsylvania’s criminal justice system into one that is more humane, efficient and just, increasing chances for success.
—Rebecca Langman, project manager for the firm, contributed to the preparation of this article.
Laurie Jubelirer is the owner of Jubelirer Law, and her law practice in Montgomery County is devoted to helping individuals facing criminal charges and violations of their civil rights. She is active in promoting criminal justice reform via writing and speaking, including appearances on podcasts and through her own podcast, “Voices of the System,” which recently launched in January 2026. She opened her law practice 13 years ago in 2013. Prior to opening the firm, she worked as a prosecutor in the Philadelphia District Attorney’s Office and as a Deputy Attorney General in the Pennsylvania Office of Attorney General. She is a staunch advocate for numerous incarcerated clients and an active member of Women Owned Law; the Pennsylvania, Philadelphia and Montgomery Bar Associations; and the Louis D. Brandeis Law Society.
