For three years, Jamariel Hobbs was confined to Georgia, unable to travel freely or move as he wished. Early on, a probation officer would show up unexpectedly at night to test him for drugs.
Now 29, Hobbs was one of nearly 176,000 Georgia residents on probation, the highest per capita population in the United States. Then, he caught a break. A new law reduced his nine-year probation sentence to just three.
He was finally free.
“Probation feels like a leash,” Hobbs said. “I have my future back.”
In Georgia, individuals are often placed on probation for low-level offenses such as drug possession or nonviolent theft. Unlike many other jurisdictions, Georgia does not impose a cap on probation sentences.
This practice of lengthy sentences persisted despite research showing that the likelihood of reoffending drops significantly after three years on probation. In fact, extending probation beyond that period appears to have little impact on public safety.
“You’re talking about folks who have often been through a lot of trauma and feel like they are constantly walking around with a weight on their shoulders, a cloud over their head, where the smallest little thing could completely derail all the work they’ve put in,” said Wade Askew of the Georgia Justice Project.
On top of this, people on probation are required to pay fees to offset monitoring costs, a significant burden for those with limited financial resources.
Early Efforts to Reduce Probation Sentences
A 2017 bipartisan law in Georgia aimed to reduce the number of people on probation by allowing for early release. According to the Urban Institute, the measure could have allowed roughly one-third of those on felony probation to end their sentences early, provided they stayed out of trouble for three years.
However, the law fell short. Only 213 sentences with the possibility of early termination actually ended ahead of schedule, according to the Georgia Department of Community Supervision.
This failure stemmed from multiple issues. Judges often neglected to include early termination dates in probation sentences when required. Additionally, many judges denied requests from the Department of Community Supervision to end probation early.
In 2021, the Legislature introduced a second law with stricter guidelines to make the early release process more automatic. Under this law, individuals convicted of a felony for the first time can qualify for early release if they meet specific criteria.
Georgia Probation Decision
They must pay any restitution owed, avoid arrests for anything more serious than a traffic violation, and have no probation revocations in the previous two years. Judges or prosecutors can request a hearing to oppose a case.
Those who have served at least three years on probation may also seek early release, even if their original sentence was longer.
Signs of Progress
Judges and lawyers report that the 2021 law has shown greater success compared to the earlier attempt.
By January 2023, Georgia’s probation population had fallen by approximately 8% from 190,475 in 2021, aligning with national trends, according to the Department of Community Supervision.
While the department could not specify how many people were released under the 2021 criteria, it reported that at least 26,523 sentences had ended early since the bill’s passage. Many of those terminations, however, may have been granted for other reasons.
“It has been a very successful, very big first step,” Askew said.
Despite this progress, defense attorneys and advocates say challenges remain. Some report probation officers failing to act on eligible cases, while others encounter judges and prosecutors resistant to the changes.
“If you want to get something done, you’ve really got to hound them,” said Atlanta defense lawyer Devin Rafus.
A Success Story: Jamariel Hobbs
Hobbs had a supportive judge, which proved pivotal in his journey.
After earning a degree in Japanese from Emory University in 2019, Hobbs’ life seemed on track. He secured a sales job traveling across the South. But the pandemic took a toll on his mental health. In 2020, after intervening in a family dispute, he was charged with aggravated assault, according to Hobbs and court records.
Following his release from jail on bond, Hobbs lost his job and his company car, leading to months of couch-surfing. In December 2021, he was sentenced to one year of incarceration and nine years of probation. He avoided jail time by enrolling in Georgia’s Accountability Court Program, designed for individuals with mental health or substance abuse issues.
During the program, Hobbs was diagnosed with bipolar disorder and began receiving medication.
Today, Hobbs works for a biopharmaceutical company and serves as a peer outreach coordinator for individuals recovering from mental health and substance abuse challenges.
Hobbs said his probation officers did not clearly inform him about the possibility of early release. So, it felt surreal when he received a letter from Judge Layla Zon in December, informing him that his probation had ended.
Now free, Hobbs plans to move to North Carolina, where the cost of living is more affordable. He dreams of starting an organization focused on health and wellness support.
“I’m sitting here probation-free,” Hobbs said with a smile. “It’s a blessing.”
Judge Zon shared his sentiment.
“It’s really one of the better things that I get to do as a judge, to reward that person for what they’ve accomplished and for doing what we’ve asked them to do,” she said.
