Pennsylvania’s Act 44: New Limits on Jail Time for a Probation Violation in Monroe County

Pennsylvania’s Act 44, which fully took effect in 2025, creates a presumption against jail time for most technical probation violations and caps how long confinement can last. This represents a sharp break from the Commonwealth’s previous system, which could send people back to jail for years. CSMJ Law helps protect the rights of individuals who have been charged with probation violations in Monroe County.

When you are on probation, complying with the terms of your probation is critical. If you don’t comply, you can face additional consequences—including being sent to jail in some cases.

But, under Pennsylvania’s Act 44, there are now fewer circumstances in which probation violations can lead to jail time. Act 44 also establishes limits on incarceration periods for “technical violations.” As a result, if you have been charged with violating the terms of your probation in Monroe County, it will be important for you to speak with an experienced probation violation lawyer who can help you understand how Act 44 applies in your case.

What Act 44 Changed About Probation in Pennsylvania

Before Act 44, judges in Pennsylvania had broad discretion to impose jail time for probation violations. Generally speaking, judges could sentence defendants accused of violating their probation to jail time—and they could impose jail sentences equal to the maximum sentence for a defendant’s original conviction. This meant that even technical violations (i.e., missing a drug test or a meeting with a probation officer) could potentially lead to years of incarceration.

This changed with the passage of Act 44.

While the Pennsylvania legislature established a phase-in approach for Act 44, it took full effect in 2025. As a result, today, the rules regarding jail time for probation violations in Pennsylvania are very different. Act 44 limits the circumstances under which judges can impose jail time for probation violations; and, for technical violations, the maximum sentence for a first violation is days rather than months or years.

The Presumption Against Jail for Technical Violations

Under Act 44, there is now a presumption against jail time for technical probation violations in Pennsylvania. Act 44 allows judges to impose jail time for technical violations only in the following scenarios:

• The court finds by clear and convincing evidence that the defendant committed a technical violation involving a threat to public safety and the defendant, “cannot be safely diverted from total confinement through less restrictive means;”
• The court finds by a preponderance of the evidence that the defendant committed a technical violation that (i) was sexual in nature, (ii) involved assault or a credible threat of bodily injury, (iii) involved possession of a dangerous weapon, (iv) involved the manufacture, sale, or intent to distribute a controlled substance, or (v) involved a third “intentional and unexcused failure” to comply with the defendant’s probation terms; or,
• The court finds by a preponderance of the evidence that the defendant “absconded and cannot be safely diverted from total confinement through less restrictive means.”

Under Act 44, the only other scenario in which a judge can impose jail time for a probation violation is when a defendant is convicted of another crime while on probation.

Confinement Limits for Technical Probation Violations

Along with limiting when judges in Pennsylvania can impose confinement for probation violations, Act 44 also limits how much jail time judges can impose for first and second violations. Under the new law:

• First Offense – Judges can impose up to 14 days of jail time for a qualifying technical violation.
• Second Offense – Judges can impose up to 30 days of jail time for a qualifying technical violation.

Judges can impose the maximum sentence for a defendant’s underlying conviction following a third offense, but only if doing so is warranted under the circumstances at hand. Act 44 also provides that defendants can be sentenced to up to an additional 30 days in jail if necessary in order to, “to allow a defendant to be either evaluated for or to participate in,” a drug, alcohol, or mental health treatment program or a problem-solving court.

The New Path to Early Termination

In addition to establishing new limits on jail time for probation violations in Pennsylvania, Act 44 also establishes a new path to early probation termination. Different rules apply for individuals who were sentenced before and after June 11, 2024:

• Individuals sentenced before June 11, 2024 become eligible for early termination after two years for misdemeanors or four years for felonies.
• Individuals sentenced after June 11, 2024 become eligible for early termination after two years for misdemeanors or four years for felonies or halfway through their probation term, whichever comes first.

Act 44 also allows eligible individuals to seek early termination even sooner in some cases. The new law establishes education, employment, and rehabilitation-related factors that allow individuals to seek early termination when they can show that they have taken steps to rebuild their lives and eliminate the need for supervision.

Defending Against a Probation Violation in Monroe County After Act 44

With all of this in mind, if you have been accused of violating the terms of your probation in Monroe County, it will be important for you to speak with a lawyer who is familiar with Act 44. This new law could have a major impact on the outcome of your case. A lawyer who is familiar with the law will be able to help ensure that you are not improperly sentenced to jail time, and will be able to advise you regarding the steps you may be able to take to begin working toward early termination.

Speak with an Experienced Monroe County Probation Violation Lawyer in Confidence

Have you been accused of violating the terms of your probation in Monroe County? If so, we invite you to get in touch. To speak with an experienced Monroe County probation violation lawyer at Cramer, Swetz, McManus, Jordan & Saylor, P.C. in confidence, give us a call at 570-421-5568 or request a confidential consultation online today.