When critics talk about mass incarceration, they’re usually referring to the 1.9 million Americans behind bars, but 3.7 million people are also restricted by the terms of probation imposed by a court. Leah Wang is a Research Analyst for the Prison Policy Initiative.
“Besides having a curfew, one is having to report when you leave a certain area – your town or county," she says. "Another big one is associating with others with a criminal record. Millions and millions of people in the U.S. have a criminal record, and some of them may very well be in your social network that is going to help you when you’re looking for housing or for work.”
But in 2021 Virginia changed the rules – limiting probation to five years or less.
“If a person hasn’t re-offended in five years, they’re not going to re-offend,” according to
Rob Poggenklass with a Virginia Group called Justice Forward. It lobbied for the five-year limit and persuaded lawmakers to bar a jail sentence for minor violations of probation.
“Smoking marijuana, or you are late to a meeting or you failed to report a change in your job, those are considered technical violations under the law, and the first time on a technical violation, the court cannot impose any jail time," Poggenklass explains.
That’s important, he says, because people can keep their job, support their families and continue their education instead of being locked up for behavior that didn’t threaten public safety.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
