The social environment in which we live, work, and grow has a great influence on our health and behavior. In 2010, the World Health Organization (WHO) developed a framework identifying the relationship between social factors and the health and quality of people’s lives. This framework is called the Social Determinants of Health (SDOH). The SDOH recognized that certain non-medical factors have a direct impact on the health of an individual. Non-medical factors include economic stability, education access and quality, healthcare access, where people live, and the social connectedness experienced in those communities. Many times, these factors are beyond an individual’s choices and determined by broader systemic forces. Distribution of power, money, and resources shapes individuals’ SDOH and contributes to inequitable health outcomes in our communities.
In Delaware, we see the impact of these forces every day in the state’s probation system. After a period of incarceration, individuals face a harsh reintroduction into their communities as they seek to navigate generalized, blanket probation rules and restrictions. Often, requirements include restrictions that don’t relate to their criminal offense at all. The SDOH framework can be used to spotlight how the current probation conditions exacerbate housing instability, lack of access to quality health care, and lack of access to reliable transportation. In this way, Delaware’s approach to probation acts as its own barrier to successful re-entry, negatively affecting people’s health and stability.
"...the current probation conditions exacerbate housing instability, lack of access to quality health care, and lack of access to reliable transportation. In this way, Delaware’s approach to probation acts as its own barrier to successful re-entry..."
The rigid and excessively punitive conditions that Delaware imposes on people on probation makes them more vulnerable to negative SDOH, which ultimately results in high rates of recidivism fueled by these non-criminal “technical violations.” For example, the probation conditions frequently include requirements to maintain stable employment, complete mandated programming, and comply with curfews imposed by probation officers. However, many individuals on probation lack reliable transportation, which—especially in the southern parts of the state—can result in multi-hour commutes between home, work, and mandated programs. A missed public bus connection resulting in a missed program, or increased financial need resulting in the need to work overtime or cover an extra shift, can force an individual into a violation that creates the potential for reincarceration.
What is the end result of requiring Delawareans on probation to navigate these complex and often contradictory requirements? According to The Council of State Governments Justice Center (2026), The First State has the third highest rate of reincarceration in the country, indicating that successful re-entry is a disproportionately difficult hurdle for many people who have been formerly incarcerated. According to Delaware’s 2025 Statistical Analysis Center report, Recidivism in Delaware, as many as 87% of those arrested for a probation violation did not commit a new crime. Instead, technical violations, such as violating a curfew, missing a program, or traveling without permission, account for the majority of probation-related reincarcerations. Everyday logistical challenges that would never result in incarceration for most Delawareans can send people on probation back to prison. This cycle retraumatizes them and can erase progress made towards successful re-entry due to the loss of safe housing, jobs, health care, and the supportive relationships and community connections they have worked so hard to build.
Furthermore, data published in 2020 from the Bureau of Justice Statics’ Survey of Prison Inmates found that 47% of people in prison nationwide are parents to at least one child under 18, with 58% of women and 46% of men in prison being parents of minors. With thousands of America’s children living without one or both parents in the household due to incarceration, the failing re-entry process has lasting consequences on the next generation.
But there are ways that we can make a difference. In 2018, the Federal Probation Journal published the article, “Probation Officer as a Coach: Building a New Professional Identity”, which offered an approach to probation that could kickstart a systematic shift by changing the role of probation officers from traditional, punitive rule enforcers to supportive coaches that guide individuals through reintroduction into the community.
"...kickstart a systematic shift by changing the role of probation officers from traditional, punitive rule enforcers to supportive coaches that guide individuals through reintroduction into the community..."
This systemic shift can enhance communication between probation officers and those on probation, allow flexibility when circumstances arise, and help individuals access the resources they need to remain in their community. These pivotal factors can facilitate improved SDOH and re-entry outcomes and honor the inherent rights and dignity of individuals in the re-entry process.
A tangible policy change that incorporates this method of person-first probation is limiting the use of incarceration when no new crime has been committed. Not only can this policy ensure that probation truly operates as a network of supportive structures that emphasize rehabilitation, reintegration, and life-skills development – it is popular among the people as well. In a recent poll, the majority of Delawareans (53%) expressed their support for only imposing incarceration when a new crime has been committed. When recently released individuals have the support to maintain their place in the community, workplace, and family, they are encouraged and more realistically able to maintain positive mental and physical health. When we respect those on probation’s ability to participate in life events with family and friends, we are guaranteeing an improved relationship between the social determinants of the individual and the impact they have not only their health and success, but the health and success of Delaware as a whole.
Passing compassionate, person-first probation reform can interrupt the cycle of reincarceration and create a system that better supports reintegration, long term stability, and the rights, dignity, and health of Delawareans.
"People returning to their communities deserve a true opportunity to remain in them, and Delaware has the opportunity to make this possible."