ACLU drops lawsuit as Montgomery County overhauls probation system

The ACLU recently withdrew from a class-action lawsuit challenging the probation and parole systems in Montgomery County, following substantial reforms implemented by the county over the past two years. These changes aimed to address long-standing concerns about due process and reduce unnecessary pre-hearing detention within the supervision system.

Previously, Montgomery County had a system where nearly every person accused of violating their supervision terms was incarcerated, including for non-criminal technical violations like missing a curfew. Individuals accused of violations were often held for extended periods without an initial court appearance or the opportunity to challenge their detention.

The reforms brought about significant improvements. Detention hearings must now be held within five days of detention, allowing individuals to argue for their release. If they remain in custody, they are guaranteed an initial revocation hearing within 10 calendar days. County data shows that hearings have been scheduled promptly in 95% of cases since the new system was put in place.

ACLU attorneys argued that the previous system in Montgomery County violated due process protections by not providing timely hearings or personalized determinations of whether detention was necessary. They highlighted that individuals were often jailed automatically without a chance to challenge their detention.

As a result of the lawsuit, Montgomery County introduced a Detention Hearing Officer program to limit unnecessary detention before revocation proceedings. The program ensures that individuals have a detention hearing within five business days and a revocation hearing within 10 calendar days if they remain in custody.

Although the ACLU acknowledged that there are still flaws in the probation and parole system, they noted that these reforms have been a significant step forward in protecting due process rights. These changes have led the organizations to end the litigation, recognizing the progress made in reshaping the local supervision systems and reducing reliance on pre-hearing detention for violations.

Advocates pointed out that even short periods of incarceration can have severe consequences, including job loss, housing instability, and disruptions to family obligations. Prolonged detention can also hinder individuals from participating effectively in their defense.

The case underscores how structural reforms can fundamentally change local supervision systems and reduce the need for pre-hearing detention. By implementing these changes, Montgomery County has made significant progress in safeguarding due process rights and ensuring that individuals have the opportunity to challenge their detention before a judge.