New report, One Size Fits None, explores counterproductive and difficult conditions of probation in all 50 states

October 15, 2024

Easthampton, Mass. — A new report from the Prison Policy Initiative provides one of the most comprehensive 50-state compilations of “standard” conditions of probation to date, shining a light on the burdensome rules that govern the lives of nearly 3 million people and that doom many to inevitable further punishments. The report, One Size Fits None, and accompanying data organize probation rules from 76 jurisdictions into topical categories — allowing readers to compare rules in their state to other states, and exposing how these systems turn even everyday behaviors into acceptable reasons for re-incarceration.

For those unfamiliar with probation, the report serves as an accessible introduction to “standard conditions,” the rules that everyone under supervision in a given jurisdiction must follow. One Size Fits None answers questions like:

• What aspects of people’s lives do probation rules typically address?
• In which states are standard conditions of probation set at the state versus the local level?
• What types of probation rules are at the discretion of probation officers to define?
• How do standard conditions intersect with the life circumstances of people most likely to be on probation, including low-income people and people with mental health conditions or substance use disorders?

“Our analysis of 76 jurisdictions finds that people on probation must abide by 12 standard conditions every day, on average, plus any special conditions that a judge or an officer imposes,” said report author Emily Widra. “These rules are rigidly applied across the board, and have serious consequences for people who are already marginalized along lines of race, class, and disability.”

The report dives into the most common themes that standard conditions of probation fall under, including:

• Financial requirements: In 64 out of 76 jurisdictions analyzed by the Prison Policy Initiative, probation rules require people to make regular payments, including monthly fees, drug testing or other treatment fees, or mandated support of legal dependents.
• Rules impacting employment: Despite more than 60 jurisdictions requiring people on probation to maintain full-time employment or the pursuit of “a course of study or vocational training,” most jurisdictions also impose rules that make it harder for people to get and keep a job.
• Movement restrictions: Almost all of the 76 jurisdictions studied restrict where people on probation can go, and 21 jurisdictions restrict people’s movements to within a county or district.
• Association restrictions: At least 31 jurisdictions in the sample have rules restricting social relationships with categories of people. Only one — Arkansas — clarifies that unavoidable associations via work or treatment programs are not prohibited.
• Other, vague conditions that expand criminalization, including stipulations to “be good,” “be truthful,” and “devote yourself” to work or education.

One Size Fits None issues sweeping recommendations to state and local lawmakers who wish to ensure that probation rules work toward, rather than against, the goals of probation. The recommendations urge states to reduce their use of probation overall, change how rule violations are treated, and pare down standard conditions to the essentials — eliminating those that are unnecessary and ineffective. The report also includes a sidebar highlighting jurisdictions that are working to reduce probation revocations.

“Probation conditions today are not only burdensome; they are often in conflict with one another, which puts people in impossible situations where violations are unavoidable,” said Widra. “Rather than continue with this counterproductive system, states and counties must rethink their standard conditions so that people are allowed to succeed.”

Access the full report at https://www.prisonpolicy.org/reports/probation_conditions.html.