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

Pennsylvania’s Act 44, in effect since June 11, 2024, creates a presumption against jail time for most technical probation violations and caps how long confinement can last for a first or second technical violation. 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 accused of 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 accused of 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, a judge who revoked probation could impose total confinement if the defendant had been convicted of another crime, was likely to commit another crime if not imprisoned, or if confinement was essential to vindicate the court’s authority, a standard that technical violations could meet. Generally speaking, once a judge found that a defendant had violated probation and revoked it, the judge could impose any sentence that had been available at the original sentencing, up to the maximum for the 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.

Act 44 took effect on June 11, 2024, and its required reviews of probation for people sentenced before that date began 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. Under 42 Pa.C.S. § 9771(c), as amended by Act 44, a judge who revokes probation may 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 an identifiable 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 or control of a firearm or dangerous weapon, or (iv) involved the manufacture, sale, delivery, or possession with intent to manufacture, sell, or deliver a controlled substance;
• The court finds by a preponderance of the evidence that the defendant committed a technical violation involving an “intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions” (violations from the same episode count as one), and that the defendant “cannot be safely diverted from total confinement through less restrictive means;” 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.”

Total confinement on revocation is also permitted when the defendant has been convicted of another crime. (A technical violation is a violation of the conditions of probation other than a new crime that ends in a conviction, a guilty finding or a guilty or no-contest plea.) Separately, 42 Pa.C.S. § 9771.1 lets a judicial district run a program of swift, brief jail sanctions for probation violations, of up to 3, 7, 14 and 21 days for a first through fourth or later violation, and Act 44 left those programs in place (§ 9771(c)(3)). Act 44 also bars revoking or extending probation, or imposing one of those brief sanctions, solely for unpaid fines or costs unless the court finds that the person was able to pay the fines and willfully refused (§ 9771(b.1)).

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 technical violations, and a court imposing confinement for a qualifying technical violation must consider the defendant’s employment status. Under the new law:

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

For a third or subsequent technical violation, the court may impose any sentencing alternative that was available at the original sentencing, but only if the violation fits one of the exceptions above. Act 44 also provides that defendants can be sentenced to up to an additional 30 days in jail if necessary “to allow a defendant to be either evaluated for or to participate in,” a court-ordered drug, alcohol, or mental health treatment program or a treatment 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 toward early termination of probation. Different rules apply for individuals who were sentenced before June 11, 2024 and those sentenced on or after that date:

• For individuals sentenced before June 11, 2024, the court must generally review the probation to decide whether the person should be considered for early termination or for modified terms. The review comes at the later of June 11, 2025 or the point at which the person has completed two years of probation for a misdemeanor or four years for a felony. The review requirement does not apply in some cases, including certain serious technical violations in the six months before the review, a new misdemeanor of the first or second degree or felony committed while on probation or incarcerated, and convictions for a crime of violence, an offense requiring sex-offender registration, or simple assault or stalking against a family or household member.
• Individuals sentenced or resentenced on or after June 11, 2024 generally become eligible for a probation review conference after completing two years of probation for a misdemeanor or four years for a felony or 50% of the probation sentence, whichever comes first, but no sooner than 12 months after sentencing (different calculations apply to some consecutive sentences). After the conference, the court terminates probation unless it makes one of the findings the statute lists (such as an identifiable threat to public safety, unfinished required treatment, or unpaid restitution) or one of the statute’s bars to early termination applies. If unpaid restitution is the only reason probation continues, the court must move the person to administrative probation, with reduced conditions, if at least 50% has been paid or the person has made a good-faith effort to pay.

Act 44 also lets some individuals reach a review conference sooner. A person can become eligible six months earlier by earning a high school diploma or equivalency or a college degree, obtaining a vocational or occupational license or certificate, completing a certified vocational, technical or career program, or meeting another condition the court approved at sentencing (a license, certificate, training program or court-approved condition must also be approved by the supervising probation office); a person on probation for a felony can gain up to six more months by satisfying an additional condition. These review-conference provisions do not apply to probation imposed for criminal homicide, a crime of violence, an offense requiring sex-offender registration, simple assault against a family or household member, or stalking.

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.

At our firm, partner Brian C. Jordan concentrates his practice on criminal defense and handles these cases as part of the firm through his own criminal-defense practice. His site describes the criminal matters he handles: Attorney Jordan’s Monroe County criminal defense practice.

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.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Pennsylvania law changes and every case turns on its specific facts. Consult a licensed Pennsylvania attorney about your situation.