Exploring the Impact of “Orphaned Arrests” on Early Probation Termination Petitions in Georgia: An Evaluation of Senate Bill 105

• In Event: Evaluating Probation and Parole Practices and the Impact of Probation Reform in Georgia

Abstract

Georgia’s Senate Bill’s 174 and 105 create pathways for early termination of qualified felony probation sentences, provided that the individuals have not been arrested during supervision, had a revocation in the previous two years, or owe restitution. Meeting these minimum criteria, which are algorithmically reviewed by the Georgia Department of Community Supervision (DCS), is the initial step before manual review by DCS officers and adjudication by a judge. However, while arrests may not result in a conviction, any observable arrest record can disqualify a petition from manual review by DCS or a judge. Using data from DCS and the Georgia Crime Information Center from 2017-2024 this analysis looks at the impact that “orphaned arrests” have on petition approval rates and post-petition public safety outcomes. In addition to examining distinctions between dismissed and pending cases, this analysis explores the racial and geographic variation in petition denials linked to orphaned arrests. Between 10,000 and 16,000 people had early discharge petitions denied due to prior arrests without convictions, representing 5-13% of petition denials. Black individuals were disproportionately affected. Overall, those with orphaned arrests had a lower rearrest rate than those with convictions but higher than others denied for non-arrest reasons.

Authors

• Pranav Athimuthu, RTI International

• Christopher Inkpen, RTI International

• Caroline Kery, RTI International

• Kristin Bechtel, RTI International

• Pam Lattimore, RTI International