The Push for Comprehensive Probation Reform in Pa.
HARRISBURG, Pa. (WENY) - Probation reform is a big priority for many Pennsylvania lawmakers, including Governor Josh Shapiro. Advocates are hoping to build off recent momentum to enact comprehensive probation and parole reform in the commonwealth.
For some advocates, like Pam Sedia of Bucks County, fighting for reform is personal.
“He was a really great person if you had met him, kind, just couldn't connect with people. With autism, that's a social awkwardness that is really relatable to that diagnosis,” said Sedia, whose son Jeffrey, had trouble fitting in.
Jeffrey struggled with ADHD, autism and ultimately substance use disorder.
"We thought maybe we’d get him out there, make him less awkward. And then when he got to college, his roommate was a drug dealer that was selling cocaine,” said Sedia.
For the next two decades, Jeffrey faced incarceration largely due to technical violations, like missing a meeting with a parole officer.
“He was put in a system with criminals. People who've murdered people, he was with murderers. And here's my son, with autism, in jail for not making a meeting,” said Sedia.
As a nurse who’s passionate about helping others, it was especially painful for Sedia to watch her own son struggle in what advocates call “a broken system.”
“It’s rinse, cycle, repeat,” said Sedia. “What would have been great for me is for the system to really back up what they say. Numerous times, they would say to me, ‘Can you bring Jeffrey to us because we want to help him.’ So, I would talk to my son and say, ‘Listen, they want to help you. Let's get the help you need.’ And they would put him back in prison. I always had this expectation that maybe they would put him in a dual diagnosis program, maybe they would put him in a community center where he can learn and give him the tools to be successful,” said Sedia.
After seven months in prison for his most recent technical violation, Jeffrey was released in the height of the COVID-19 Pandemic, with limited access to services and medication.
“He said, ‘Mom, I'm going to have to go out on the streets and get my medications because I can't do without it anymore.’ And I said, ‘Please, please, just give me tomorrow morning.’ And my husband found him deceased at 6:23 the next morning,” said Sedia.
“Stories like that are heartbreaking and are the types of stories that we're trying to prevent with SB 838,” said Erin Haney, Senior Director of Policy and Law at REFORM Alliance.
Haney and her team at REFORM are working with people, like Sedia, to transform the system and create more pathways to success.
“It's something we recognize isn't working for anyone,” said Haney. “It's not working for crime survivors, not working for people on probation or probation officers. And it's certainly not working for communities who want to be safer,” she added.
REFORM was born after the two-to-four-year sentence of American rapper and Philadelphia native, Meek Mill, following two probation violations.
"One was for breaking up a fight and the other was for popping a wheelie during a music video,” said Haney.
The sentencing ignited the international “Free Meek” movement and spurred comprehensive probation reform legislation, like Senate Bill 838.
“I feel like this is the best bill that we've had, and I feel confident that we'll be able to get it through because the system is so broken and we're so past due time for changing it,” said Haney.
Haney says SB 838 has five major components. The first: Limiting when someone can be sent to prison for a technical violation and how long they can be incarcerated for it.
“Really narrowing in on what a technical violation is, how it has to be proved, and how long somebody should be able to be incarcerated for a simple rules violation, like missing an appointment with a probation officer,” said Haney.
The second: Extending pathways to early termination when probation is no longer needed.
“At the two-year mark for misdemeanors and the four-year mark for felonies, or halfway through your probation term, you will get a probation review conference- where, if you’ve met certain criteria- you're presumptively terminated,” said Haney.
The third: Incentivizing activities to reduce recidivism, like education and work.
“Probation, unlike basically every other area of life, looks only at consequences. If you do something wrong, you're going to prison. But if you do something right for the last ten years, there's no real way to measure that in a lot of these systems,” said Haney. “Incentives are a great way to do that- advancing an education or work, anything that we know is proven to reduce recidivism and increase public safety,” she added.
The fourth component: Individualizing probation conditions.
“There’s a list of about 14 standard probation conditions. Some of those conditions make sense for particular people and some of them don't,” said Haney.
The fifth, Haney says, is making sure the system does not punish those in poverty.
“That ability to pay fines, fees and restitution is a huge part of how we ensure that people can advance and become successful in the community,” said Haney.
Even though Sedia wishes the legislation came sooner, she’s still sharing her family’s story to make sure other families won't have to share theirs.
“I really hope that the lawmakers listen to this, they pass this immediately, so not one family has to lose someone they love due to a system that is not addressing the needs that have to be addressed,” said Sedia. "I not only lost my son, but I lost my hopes, and I lost his future,” she added.
“Don't think that this can't touch you. Don't think you're above this. We're all infallible in one way or another,” said Sedia.
Senate Bill 838 recently passed the Republican-controlled Senate and has bipartisan support in the House. Advocates are hopeful it could be a product of ongoing budget negotiations once the dust settles in Harrisburg.

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