Probation Without a Home: How Probation Maintains Barriers to Successful Completion While Homeless

Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions about the criminalization of homelessness and the experiences of homeless people in the criminal legal system. Community supervision (probation and parole) is an oft-forgotten portion of the criminal justice system, despite there being nearly triple the number of people on parole or probation than the number of people incarcerated in the United States. Probation specifically is seen as an alternative to incarceration. Some view it as a more humane punishment than incarceration; others believe probation is far too lenient and sentenced too often. For homeless people, probation is often just a stepping stone to incarceration instead of a turn away from it. Using Illinois as a case study, this Comment demonstrates the way the criminalization of homelessness makes probation especially difficult for those without housing to successfully complete.

There are over 470,000 people on probation in Illinois, compared to just over 27,000 in the Illinois prison population. Illinois does not keep statistics about the number of probationers experiencing homelessness or housing insecurity, so studying the exact impact of homelessness on probation in Illinois is difficult. Studies from other areas of the country show that people who are facing housing insecurity are 36% more likely to unsuccessfully complete probation. Several general probation requirements are difficult for homeless people to follow. Requirements such as reporting to parole officers, avoiding interactions with law enforcement, not associating with convicted felons, and regularly appearing for court dates present unique problems for people without homes.

To help alleviate the inequalities within the system, probation departments should begin collecting data on the housing status of probationers, create dedicated homeless programs within probation offices, work on inter-agency and resource collaboration for homeless services, end incarceration for probation violations, and invest in permanent supportive housing.