Shapiro signs bill enacting probation reform

Gov. Josh Shapiro on Friday said landmark legislation he signed into law will create more fairness in Pennsylvania’s criminal justice system, ensure probation serves as a tool to help Pennsylvanians re-enter their communities, and pave the way for more Pennsylvanians to get second chances.

At a Philadelphia news conference, Shapiro signed the bipartisan Comprehensive Probation Reform legislation, formerly SB 838, ensuring probation serves as a tool to help Pennsylvanians re-enter their communities and paving the way for more Pennsylvanians to get the second chances they deserve.

The governor was joined by Lt. Gov. Austin Davis, Meek Mill, Michael Rubin, Speaker Joanna McClinton, Sen. Lisa Baker, House Appropriations Chairman Jordan Harris, members of the General Assembly and criminal justice reform advocates to enact this historic criminal justice reform.

“We’re showing that we believe in second chances here in Pennsylvania – and when someone gets a second chance, that should be a real opportunity to start over and succeed,” Shapiro said. “We’re taking commonsense steps to remove unnecessary barriers for Pennsylvanians who want to rebuild their lives and meaningfully contribute to our communities. Because of this bill, more people will get to spend the holidays with their families, more parents will get that job they wanted, and more people will get back on their feet. They’ve served their time, they’ve paid their debt to society — we should do everything we can to help them succeed and thrive.”

Yesterday, Shapiro also signed Clean Slate legislation, formerly HB 689, which will ensure Pennsylvanians who receive a pardon will get their criminal records cleared automatically. As a state representative, Davis sponsored a bill to provide automatic expungement for pardoned individuals, and he helped to get this vital legislation over the finish line as lieutenant governor. The historic Clean Slate law was originally signed into law in 2018 by Gov. Tom Wolf, leading the nation by making Pennsylvania the first state to seal criminal records through automation.

“Those who are closest to the pain should be closest to the power,” said Davis, who is chairman of the Pennsylvania Board of Pardons. “Too often, people who look like me or come from working-class communities like mine feel like their voices don’t matter. Today’s event shows that they do. When people take their pain and channel it into purpose and action, that is how we create positive change and make our system more just.”

The Comprehensive Probation Reform legislation will help to ensure that probation prepares Pennsylvanians who have been incarcerated to successfully re-enter their communities. It requires mandatory probation review conferences after two years or 50% of the probation sentence, whichever is sooner, and felony probation reviews to four years of 50% of the probation sentence, whichever is sooner.

“I can’t explain how much this bill means to me,” said Mill, Co-Chair of REFORM Alliance. “My experience on probation reflected millions of other stories that go unheard. So when the world saw my case and the absurdity of sending people to prison for non-criminal technical violations, it sparked a movement. It’s an honor and a blessing to see this change come to my home state. I am deeply grateful to the lawmakers and advocates for their hard work over many years to get this done. Thank you, truly.”

McClinton said Pennsylvania is a place for second chances and this new law re-imagines what our probation system looks like.

“It emphasizes that each person’s circumstances are unique, and their probation plan should be catered to their situation,” McClinton said. “Most importantly it will help us shut down the probation-to-prison cycle that entangles too many Pennsylvanians in our correctional system when they could be contributing to our communities.”

Sen. Baker comments

Sen. Baker said that over the last five years, a motivated and determined group of justice advocates and public officials proved several things.

“We demonstrated what can happen when you include trusted professionals on every side of the debate, and then work to reconcile volumes of information into responsible law and policy,” said Baker, R-Lehman Township. “We gained new perspectives, we argued, we debated, we negotiated, we compromised, and in the end, we came away with a reasoned and respectable piece of reform.”

Baker acknowledged the hard work and determination of many who championed the cause and who she said never stopped believing or gave up.

“Leaders inside and outside of state government earned credit for this, but it is safe to say this could not have happened without the insight and input of the governor,” Baker said. “There are not many who have had a closer or longer look at problems and remedies within the criminal justice arena. Thank you, Gov. Shapiro.”

Baker said now comes the job of implementing reform.

“We hope that thousands of Pennsylvanians will no longer be trapped in a probation cycle where small mistakes are treated the same as major violations,” she said. “This does not relieve individuals on probation from complying with their obligations. It does make sure that consequences are not disproportionate to small mistakes.”

Baker said that it is the principle here that matters most — those who have done their best to pay fines, costs, and restitution within their means, and who have not ignored the law, deserve a potentially life-changing incentive as this bill offers.

“There is further consideration given to those who get a degree, complete a vocational training program, or acquire an occupational license,” baker said. “Our system should reward those who change their behavior and make a serious commitment to bettering their prospects for becoming contributing members of the community once again.”

And Baker added, “To those who think this measure doesn’t go far enough, never stop believing and never give up. Clean Slate 3.0 demonstrates that good policy can evolve and improve over time.”

Baker said that, “Make no mistake — this is a milestone piece of legislation. It is our version of the NBA 3-pointer at the buzzer. It doesn’t happen because you throw up a desperate shot. It happens because you have the drive, determination, and dedication to take the shot and make it.”