Why Probation Is Not the Alternative to Incarceration Our Youth Need

It’s heartening to see an increase in efforts to divert youth with convictions away from prison sentences. However, probation, the most commonly implemented alternative, is not the solution that the movement wants to see, nor the solution that our youth need. While we have seen some benefits to probation when compared to prison time, in general, both data and experience indicate that probation shares the same negative consequences—and the same racial inequities—as putting youth behind bars.

Both data and experience indicate that probation shares the same negative consequences—and the same racial inequities—as putting youth behind bars.

As the HB 814 goes into effect in Maryland, this commentary will take a look at youth probation in the state. HB 814 will expand juvenile court jurisdiction for 10,- 11-, and 12-year-olds for certain offenses involving guns, weapons, sexual assault, and animal abuse. The law allows children to be incarcerated before they have even been found guilty, even if they have only been charged with a misdemeanor. It also extends the length of probation for children and allows the court to expand probation if a child fails to appear at a treatment program without “good cause” at least twice. As drafted, it doesn’t matter if a child missed two out of two or two out of 300 appointments: two misses, no exceptions, will result in punishing kids for circumstances outside of their control, such as not being transported to the appointment by a parent or guardian, or if the bus didn’t show up that day.

First, we will discuss the contexts in which youth can be placed on probation, including under the new law. After that, we’ll highlight some refreshing and crucial alternatives to probation. These discussions will lay the groundwork for an upcoming piece that, through analysis of models such as these, will offer a rubric for how those who care about our youth, in Maryland and nationwide, should work together to bring about the restorative alternatives. Finally, we’ll put to rest the notion that probation is itself a supportive and positive resource: we need less probation, not more or more kinds of it.

Factors Leading to Probation Sentencing

The probation system, originally conceived as an alternative to incarceration, has instead become a pathway for trapping youth—particularly youth of color—in the criminal justice system. In Maryland, young people from marginalized communities face a probation process that often serves as a pipeline to prolonged legal involvement rather than as a supportive diversion from it.

Nationwide, Black and Brown youth are disproportionately placed on probation compared to their white counterparts. Youth of color are more likely to be monitored under probation due to systemic biases in policing, sentencing, and access to rehabilitative services.

Probation often entails strict requirements that young people struggle to meet. These conditions—such as curfews, mandatory school attendance and adherence to probation officer check-ins—are difficult to comply with in communities where resources are limited. For example, lack of transportation or family support can lead to unintentional violations, leading to harsher penalties. When young people on probation miss appointments, fail drug tests, or encounter other setbacks, they often face extended probation terms, additional fines, or even jail time. This perpetuates a cycle of legal entanglement that is particularly harmful to youth of color, who are already vulnerable to these structural inequities.

In their report, “Effective Alternatives to Youth Incarceration,” The Sentencing Project argues that extensive research has demonstrated that incarceration is neither necessary nor effective for the vast majority of youth involved in the justice system. Instead of promoting rehabilitation, confinement often exacerbates the very issues it aims to address, increasing the likelihood that young people will reoffend. Studies show that placing youth in secure facilities disrupts their education, severs critical family and community connections, and exposes them to negative influences, ultimately making reintegration more difficult.

In-Depth Support Leads to Reduced Recidivism and Community Integration

Community-led groups are increasingly calling for Maryland to address these disparities through policy reform and investment in alternatives to probation that focus on restorative justice, mental health, and community-based support. According to a National Conference of State Legislators report on young people and restorative justice, restorative justice operates on the principle that justice should repair harm rather than simply punish. Unlike incarceration, which isolates individuals and limits opportunities for rehabilitation, restorative justice brings together victims, offenders, and community members to develop meaningful solutions. Through mediation, conferencing, and restorative circles, justice-involved youth take accountability for their actions in a constructive way while also working to repair the harm caused.

Community-based organizations play a critical role in restorative justice by offering wraparound services that include mental health counseling, job training, mentorship, and educational support. These organizations help young people transition into stable, productive lives instead of reentering the justice system. Roca, Inc. is a nonprofit organization committed to disrupting cycles of violence and poverty by supporting young people who are often overlooked and deeply impacted by trauma. Through relentless outreach and long-term support, Roca helps 16- to 24-year-olds build trust, develop life skills, and create new paths forward. According to the The Sentencing Project in Baltimore, of the 352 young people served by Roca in 2022, 98 percent had previous arrests. During their first two years in the program, only 28 percent were arrested, and 98 percent faced no new charges. By fostering accountability, self-sufficiency, and personal growth, Roca empowers youth to build brighter futures and contributes to safer, healthier communities.

The Youth Advocates Program (YAP) is transforming public safety by rehabilitating youth at home instead of placing them in prison and expanding their impact through violence interruption efforts. YAP provides community-based alternatives to incarceration, focusing on wraparound support services that address the root causes of delinquency. By pairing justice-involved youth with credible mentors, many of whom have lived experience, YAP helps young people develop life skills, access education and employment opportunities, and receive mental health support—all while keeping them connected to their families and communities. In addition to its rehabilitation work, YAP plays a key role in violence interruption efforts, deploying trained outreach workers to mediate conflicts, prevent retaliatory violence, and provide critical resources to at-risk youth. This holistic, community-centered approach is proving to be a more effective and sustainable model for public safety than incarceration, fostering long-term healing, stability, and crime reduction in Baltimore neighborhoods.

Probation Is Not the Real Pathway to Preventing Harm

While probation is often viewed as a more lenient alternative to incarceration, it has its own set of significant harms and failures, particularly for youth of color. Instead of providing a meaningful path to rehabilitation, probation can act as a trap that pulls young people deeper into the criminal justice system. Its strict requirements and rigid structure often set youth up for failure rather than providing the support they need to succeed. Community-based organizations are better suited to support youth than placing them on probation. Unlike traditional probation, these organizations offer developmentally appropriate, trauma-informed resources that truly address the root causes of a young person’s behavior. By focusing on healing, skill-building, and long-term support, community-based programs are more effective at rehabilitating youth and helping them thrive.

By focusing on healing, skill-building, and long-term support, community-based programs are more effective at rehabilitating youth and helping them thrive.

The biases present in the criminal justice system mean that youth of color are not only more likely to be placed on probation, but also more likely to face stricter conditions and harsher penalties for violations. This perpetuates a cycle of racial inequity within the justice system and prevents many young people from accessing the educational and economic opportunities that could otherwise lead them out of the system.

The probation system, intended as a rehabilitative alternative, thus often functions as a punitive trap, especially for marginalized youth. Attempts to reform probation might be better than nothing, but ultimately they are impediments to the change that we most need. It’s right there in the name: “probation” is inherently punitive, and we’re not getting away from that. And in any case, it’s a false binary to suggest that our only options are prison and probation or prison and more prison. Instead, we need to turn toward the hope and opportunities created by programs like the Youth Advocates Program, and work towards fully integrating services like theirs into the public life of our country.