PHILADELPHIA — Over the past two years, Montgomery County has substantially amended its probation and parole systems, changes that led the American Civil Liberties Union and the ACLU of Pennsylvania to withdraw from a class action lawsuit challenging the county’s supervision practices. The ACLU organizations were joined in the litigation by the law firm WilmerHale, according to an ACLU press release.
The reforms addressed longstanding due process concerns and were aimed at reducing unnecessary pre-hearing detention across the county’s supervision system, the ACLU reported.
When the lawsuit was filed, Montgomery County was incarcerating nearly every person accused of violating the terms of their supervision. The county penalized not only alleged criminal violations but also noncriminal technical violations, such as missing a curfew.
Those accused were often held for months without a proper initial court appearance. There was no opportunity for individuals to argue they had been wrongly accused or that they should be released from jail.
Under the new system, detention hearings must be held within five days of detention. This gives individuals the opportunity to argue for their release, and if they remain detained, they are guaranteed an initial revocation hearing within 10 calendar days.
County data indicates that hearings have been scheduled within the five-day window in 95% of cases since the new system was implemented.
ACLU attorneys argued that Montgomery County’s previous system violated due process protections under state and federal law by failing to provide timely hearings or individualized determinations of whether detention was necessary. According to the organizations, individuals accused of supervision violations were often jailed automatically, without any prompt opportunity to challenge their detention before a judge.
Following the lawsuit, Montgomery County implemented a Detention Hearing Officer program designed to limit when individuals may be held while awaiting revocation proceedings. When detention does occur, the program requires that individuals receive a detention hearing within five business days, followed by a revocation hearing within 10 calendar days if they remain in custody.
Advocates emphasized that even short periods of incarceration can carry serious consequences, including job loss, housing instability and disruptions to family responsibilities. They also noted that prolonged detention can make it more difficult for individuals to effectively participate in their own defense.
While acknowledging that the county’s probation and parole system still has remaining flaws, the ACLU stated that the reforms represent meaningful progress toward protecting due process rights. As a result of these changes, the organizations moved to formally end the litigation.
The case highlights how structural reforms, rather than individual court rulings, can reshape local supervision systems and reduce reliance on pre-hearing detention for probation and parole violations.
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