Trends in Probation Legislation: 2019 – 2022

• In Event: Probation Reform: Through Legislation and Agency Action

Abstract

When historic tough on crime policies ballooned incarcerated populations, efforts to remediate incarceration burgeoned the community supervision population, and COVID-19 decreased both—with its aftermath generally indicating an uptick. Community supervision, though regaled as a less punitive, more cost effective, and a purportedly rehabilitative alternative, has instead in the recent decade fallen under scrutiny for its net-widening inefficacy. In such, certain reform efforts are now focused on probation. This paper will contribute to the field by summarizing trends in the most recent probation legislation, from 2019-2022, drawing upon a 50-state legislative scan conducted by the authors. Legislation was characterized by four key elements: sentence limits, conditions, fees and restitution, and termination or early discharge. Further, the scope of the legislation was classified—whether each had the opportunity to decrease or increase the probation apparatus—as well as the potential influence: if each legislation component had the possibility to make a substantive change.

Authors

• Emily Burtch, RTI International

• Yamanda Wright, The Boston Foundation

• Pam Lattimore, RTI International