Improve and pass both Clean Slate and probation reform bills
Apair of bipartisan bills meant to lessen the impact of small violations of the law — one allowing the records of more small-time offenses to be sealed, another limiting the use of incarceration due to technical probation violations — deserve to be passed by the Pennsylvania General Assembly.
The two bills are now linked in negotiations between the parties and the upper and lower chambers in Harrisburg. If all sides listen to honest feedback, both bills can be strengthened — and in turn can strengthen the commonwealth’s criminal justice system and economy.
Pennsylvania’s 2018 Clean Slate law was the first of its kind in America, and was subsequently copied by several states. The law allows people convicted of summary offenses, including disorderly conduct or small-scale theft, to petition to have records of their conviction sealed. Punishments for low-level offenses should not damage a person’s life prospects, such as applying for housing, jobs or college.
The expansion, whose lead sponsor is Democratic state representative Jordan Harris of Philadelphia, would allow some non-violent felonies, such as drug possession (but not distribution), to be sealed after a ten-year wait.
The bill has been held up, however, due to concerns that some county courts have applied its rules too broadly. In some cases, where a person was convicted of summary and more serious crimes in the same case, courts have sealed the entire case, as opposed to only the low-level offense.
The consequences can be serious: Men previously convicted of sexual offenses have been given inappropriate and dangerous positions of authority while hiding behind sealed records. It is essential that the chambers work together to ensure this issue is resolved in the new bill.
At the same time, Republican senator List Baker of Luzerne County has sponsored a bill to reform the state’s probation system. The key line provides that “there is a presumption against [incarceration] for technical violations of probation,” such as missing a meeting with a probation officer. The bill then enumerates certain exceptions that would still trigger being sent to jail.
Criminal justice reform advocates are split on the bill, with some arguing the exceptions are too complicated and expansive, potentially having the opposite of the desired effect. This concern should be taken seriously, but shouldn’t sink the bill: There’s broad agreement about the ends — keeping people out of jail for technical probation violations — and legislators just need to settle on the best means.
Both the Clean Slate bill, which is now in the Senate, and the probation bill, which is now in the House, are supported by business groups, who want more reliable workers to be available in the labor force. The stigma of convictions and the overuse of incarceration have economic costs, which these bills would mitigate.
While both proposals may need some tweaking, good-faith negotiations can improve both and ensure they make it to Gov. Josh Shapiro’s desk. And that should happen soon, so they can help more people get out, and stay out, of the criminal justice system.