For the Defense - Vol. 4, Issue 3 - 5

4. Black Pennsylvanians are 8.9 times more likely
to be incarcerated than white Pennsylvanians,
and Latinos are 3.3 times more likely to be
incarcerated than their white neighbors.
Pennsylvania's record as a mass incarcerator of its
citizens is the result of not just one issue, but many
issues. Pre-trial detention, mandatory minimums,
outdated and ineffective sentencing provisions,
the imposition of astronomical fines and costs,
SORNA, and probation and parole procedures that
ignore established best practices all contribute
to overcrowded prisons and an over-incarcerated
population. The Mass Incarceration Task Force decided
to form sub-committees to concentrate on each of
these areas and others the committees may identify.
Two sub-committees have already been established
based upon their impacts upon mass incarceration at
both ends of the criminal justice system.
On the front end, the continued use of cash
bail is an affront to the presumption of innocence
and is an ineffective method of assuring either a
defendant's appearance in court or the safety of the
community. It does, however, effectively result in the
disproportionate pre-trial detention of the poor and
indigent. The exercise of discretion in the setting of
bail has also been demonstrated to negatively impact
minority defendants. One study of Pennsylvania
bail practices found that 33% of white defendants
charged with felony weapons offenses were subject to
cash bail, but 78% of black defendants charged with
the same offenses were burdened with monetary bail
obligations.
The back end of Pennsylvania's criminal process
reveals staggering numbers of individuals incarcerated
for violations of probation and parole. In 2016, 52.5%
of all admissions to state correctional institutions
were for parole violations. The period from 2005 -
2016 saw a 107% increase in state prison admissions,
but only a 61% increase in admissions for new
offenses. The 107% increase was mostly attributable
to an astonishing 189% increase in parole violation
admissions. Pennsylvania is also one of only eight
states that does not cap the length of probation
at some term less than the statutory maximum.
While some probationers can petition their way off
supervision, individuals without financial means
to pay off their exorbitant fines and costs find
themselves living under the immense stress of being a
technical violation away from prison.

These are important issues that impact our
clients every day. As attorneys, we argue these
issues on behalf of individual clients in court.
As PACDL members, we must argue these issues
on behalf of all Pennsylvanians to members of
Pennsylvania's General Assembly. Success will not
be immediate and will likely take much longer
than we hope. While we are encouraged by the
justice reform momentum and how it is becoming
a bipartisan issue in recent years in Pennsylvania,
PACDL cannot sit on the sidelines of this debate.
I invite any PACDL member who feels strongly
about an issue under the umbrella of mass
incarceration to contact the PACDL office and offer
a bit of your time. The chair of the Bail Reform
Sub-Committee is Heather Mattes from West
Chester, and the chair of the Probation and Parole
Reform Sub-Committee is Wana Saadzoi from
Media. Please feel free to contact either of them
directly to learn more or to find out how you can
volunteer your time and expertise.
"What you're supposed to do when
you don't like a thing is change it."
-Maya Angelou

Vol. 4, Issue 3

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For The Defense

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For the Defense - Vol. 4, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 3
