States Are Prioritizing Community Supervision Reform
Revocation of probation for violations Incarcerating people for violating the terms of their probation or parole, particularly for minor technical breaches such as missing an appointment, strains local jail systems, risks spreading COVID-19, and can cause individuals and their families to lose employment or housing or face other harm.
To change its revocation practices, Virginia enacted HB 2038, which eliminated incarceration for a first technical violation and created a presumption against incarceration for a second, with a limit of 14 days in jail if the court decides incarceration is warranted. Courts can impose up to the original sentence for any subsequent violation.
In New York, S1144 ended the use of incarceration as a response to most technical parole violations, while Utah’s law, H.B. 290, authorized the state sentencing commission to find ways to limit the use of revocations and establish procedures to support the progress of people under supervision.