Parole is often thought of as simply an early release from prison, but it is actually a form of community supervision for offenders who have already served a portion of their sentences. The discretionary release of a parolee allows them to serve the rest of their sentence "on the outside" - but under close supervision. Parole officers ensure that parolees comply with stringent conditions imposed by a parole board or other correctional authorities. These conditions are designed to prevent the parolee's return to criminal activity and to protect the public. Violating these conditions can result in an immediate return to prison.
Often, people use the termsparole and probationas though they are interchangeable. For those not familiar with the criminal justice system, the two concepts can easily be confused because they both involve the community supervision of a convicted criminal. However, while probation can be accurately viewed as community supervision that serves as an alternative to prison, parole is a supervised early release from prison. Another difference between the two is that probation is usually ordered by a judge at the time of sentencing, but parole decisions are made by correctional authorities after the prisoner has served a portion of their sentence.
The length of time that must be served in prison prior to becomingeligible for paroledepends on severity of the offense and the laws of the jurisdiction.
How Is Parole Violated?
When parole authorities decide to grant parole, they impose conditions of release that must be followed while under community supervision.
Conditions of release for parolees often include all the standard conditions of probation, along with even more stringent requirements. These requirements always include the following:
1) Refrain from all criminal activity;
2) Report regularly to the assigned parole officer;
3) Refrain from substance abuse and submit to regular drug testing;
4) Notify the parole officer immediately of any change of address.
Additionally, conditions of parole usually include terms specific to the offense and the background of the offender. These can include requirements for counseling, prohibitions against contacting victims or codefendants, and payment of restitution. There are often additional monitoring requirements, such as the need to promptly inform authorities of changes to work or living situations. Failure to comply with any condition of release can result in a parole violation. A violation could lead increased monitoring or an immediate return of the offender to confinement.
The Parole Violation Process
Every parolee is required to meet with a parole officer, who monitors their compliance with the terms of their conditional release. Often, these conditions are discussed in detail and signed by the parolee several days before they actually set foot outside of prison.
When a parolee is accused of violating the terms of their parole, they can often be immediately arrested, without a warrant, by their parole officer, and detained for an amount of time specified by statute. In some jurisdictions, parole officers will need to request a warrant from a judge for certain types of violations. Some lesser violations might result in the issuance of a summons or a notice of hearing instead of an immediate arrest.
When a parolee is accused of a violation, they do not enjoy the typical presumption of innocence that would attach to a person accused of a crime. Because the parolee has already been convicted of the offense that led to their sentence, that barrier of legal protection has already been overcome in the original prosecution of the crime. Parole is a privilege, not a right, and it is granted as an act of discretion. Resultingly, parolees are not entitled to the same degree of protection enjoyed by criminal defendants.
Even with a lower standard, the Fourteenth Amendment imposesdue process requirementson the states for parole revocation proceedings. Parolees have the right to contest the determination at a hearing and can call witnesses to testify on their behalf.
At a violation hearing, a judge or parole hearing officer will hear the details of the alleged violation and evaluate the facts of the case. Witnesses can be called to testify, just like in court, and often the sworn testimony of the parole officer is the primary evidence against the alleged offender. In some jurisdictions, a prosecuting attorney will present the evidence against the offender, who is entitled to their own legal counsel (and may qualify for a court-appointed attorney). At the conclusion of the hearing, the judge or hearing officer will determine whether the conditions of parole were violated and what sanction, up to and including full revocation of parole, should be imposed.
In some jurisdictions, a second parole revocation hearing will occur to determine the sanction after a violation has been determined to exist. This hearing would focus less on whether the violation occurred, but more on whether a revocation is the appropriate penalty. Again, witnesses can be permitted to testify during the hearing, and the parole officer's recommendation is likely to carry the most weight.
Within the limits of the Fourteenth Amendment, different states handle parole violations in different ways. As an example, consider theparole violation hearing process in Georgia:
- A preliminary hearing must be held within a reasonable time before a Parole Board hearing officer not directly involved with the case.
- The parolee is given written notice of the preliminary hearing and receives reasonable time to prepare a defense.
- Witnesses and documentary evidence may be presented, and witnesses cross-examined. The parolee can make statements and answer questions but is not required to do so.
- After the hearing, the hearing officer submits a written report to the Parole Board.
- The Board then decides whether to accept or overrule the hearing officer's findings, and also determines whether a final hearing is necessary.
- At the final hearing, the Board will determine, by majority vote, whether the parolee violated a parole condition and whether the violation warrants parole revocation.
Penaltiesfor a Parole Violation
When a person is found to have committed a parole violation, the court, parole board, or other hearing authority has theoption of imposing various penalties. The choice of consequence will depend on the seriousness of the violations and the offender's criminal history and any history of prior violations. Penalties could include:
- Partial Revocation:Parole may be partially revoked, imposing a period of confinement of a specific duration, after which, parole can resume.
- Full Revocation:The parolee could be returned to prison for the entire remainder of the original sentence.
- Increased Term of Supervision:The parolee could be released but required to spend additional time on parole. Typically, this cannot extend the parolee's total sentence beyond the original sentence of the court.
- Tolling:The time spent resolving a violation is often not counted as time spent on parole for the purposes of determining the date when supervision ends, so the length of a sentence could be effectively extended by parole violations.
- Change in Conditions:The paroles might be allowed to continue on parole but with additional or more strict conditions of parole imposed after the hearing.
- Fines:In some circ*mstances, a fine or order to pay administrative costs can be imposed for a parole violation.
- Criminal Charges:Obviously, if a parolee commits a new crime while on parole, they will likely face both the consequences for a violation of parole and the possible sentence for the additional crimes.
Get Professional Legal Help with Your Parole Issue
Failure to comply with parole conditions can cause serious problems and could result in the violator being sent back to prison. If you or a loved one has been charged with a parole violation, do not delay before speaking with an experienced lawyer who knows the how the parole system works and will fight for your rights. Contact a qualifiedcriminal defense attorneynear you today.
FAQs
Penalties could include: Partial Revocation: Parole may be partially revoked, imposing a period of confinement of a specific duration, after which, parole can resume. Full Revocation: The parolee could be returned to prison for the entire remainder of the original sentence.
What happens if you violate parole in Illinois? ›
A person who fails to comply with the parole conditions and restrictions may get their parole revoked and get sent back to prison.
What is one of the most frequent violations for which probation or parole revocation occurs? ›
Committing another crime while on probation or supervised release is among the most serious probation violations. Catching new charges is one of the most likely ways to land back in prison while on probation.
What happens if you violate parole in Ohio? ›
Any violation of parole creates the opportunity for the parolee to be arrested — without an arrest warrant — and sent back to prison. Violations are reviewed by a parole violation board and weighed, depending upon the violation, the parole history, and the potential for the parolee to reoffend.
What is charge 3056? ›
What is PC 3056? California Penal Code 3056 outlines the rules for parole. It states that prisoners on parole must continue to be under the official supervision of the State. In addition, parolees can be rearrested at any time deemed necessary, during the time they are on parole.
What is the new parole law in Illinois? ›
Illinois Gov. J.B. Pritzker signed a new law on Friday that extends parole eligibility for people convicted of offenses when they were under 21, making Illinois the 26th state to abolish life-without-parole sentences for children.
How do I report a parole violation in Illinois? ›
You may reach the Illinois Parole Board at 800-666-6744. The Federal Parole Board can be reached at 847-249-4211.
What are two possible types of parole violations that can be committed? ›
There are two possible types of parole violations that can be committed: technical and substantive.
What is the most common reason individuals have their parole revoked? ›
Two-thirds (65 percent) of all parole violations were for criminal behavior.
What are the most parole failures occur? ›
Nearly one-fourth of all parolees will fail in the first six months of parole. When people fail on parole, their parole is revoked and they return to prison to continue serving their sentence.
The maximum cumulative prison term sanction for all violations shall not exceed one-half of the original stated prison term, or, with respect to a stated non-life felony indefinite prison term, one-half of the minimum prison term that was imposed as part of that stated prison term.
What is the law 2967.15 in Ohio? ›
A person so arrested shall be confined in the jail of the county in which the person is arrested or in another facility designated by the chief of the adult parole authority until a determination is made regarding the person's release status.
How much time can you get for probation violation in Ohio? ›
Violations of Probation for Felonies in Ohio
Under penal code 2929.25, if a person violates community control for a felony of the fifth degree and the judge decides to sentence the offender to jail for the violation, the maximum jail sentence is 90 days.
What is a 10 day flash? ›
What is "flash incarceration?" The supervising agency is authorized to impose from one to ten days of incarceration for a violation of the conditions of PRCS. The time is not subject to conduct credits under section 4019. The inmate is not entitled to a judicial hearing before the sanction may be imposed.
What is a 115 charge? ›
1. Definition and Elements of the Crime. Filing a False Document under California Penal Code Section 115 PC makes it a felony to file any forged or false document with a public office.
What is a 288 charge? ›
Sentence for Lewd or Lascivious Acts with a Child – Penal Code 288 (a) California Penal Code section 288 (a) is a felony. If you are convicted of lascivious acts with a child under 288(a) PC you face imprisonment in the state prison for three, six, or eight years.
How long does parole status last? ›
If parole is authorized, the agency authorizing parole will specify how long it may last, tailored to accomplish the purpose of the parole. Parole ends on the date it is set to expire, when the recipient departs the United States, or when they acquire an immigration status.
What are the two general types of parole? ›
Prisoners may be released to parole by a parole board decision (discretionary release/discretionary parole), according to provisions of a statute (mandatory release/mandatory parole), through other types of post-custody conditional supervision, or as the result of a sentence to a term of supervised release.
Is parole a legal status? ›
Under immigration law, parole is one way noncitizens can legally enter the U.S. Here's what that temporary permission entails. The Immigration and Nationality Act states that parole may be granted on a “case-by-case basis for urgent humanitarian reasons or significant public benefit.”
How do I check my parole status in Illinois? ›
For questions about community supervision or parole, please contact the Parole Office at (800) 666-6744.
Most commonly the conditions include that the offender not commit any criminal acts, report to a parole officer on a regular basis, not possess firearms, allow the parole officer to inspect and search the offender and his residence during the duration of the supervised release, refrain from using drugs, not leave the ...
How do I get off parole early in Illinois? ›
After you have completed at least one year of supervision, your attorney can petition the Court, or. After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
What are the four most important factors parole authorities consider before granting release on parole? ›
Once the evidence is collected, the parole board will make a parole determination based on some of the following factors: the facts and circ*mstances of the underlying offense; aggravating and mitigating factors surrounding the offense; nature and pattern of previous convictions; adjustment to previous probation, ...
What are the two types of probation violations that might be committed include _______________________? ›
There are two types of probation violations: technical violations and substantive violations.
What violation is a pattern of infractions that breaches conditions of probation or parole? ›
A technical violation of probation is when an offender, who is under supervision by the probation office, violates one of the conditions of probation outlined by the court. Technical violations are often the result of the following activities: Failing to report for a scheduled office visit.
What is the most vulnerable time for parolees? ›
The first three months are clearly the most vulnerable time-not only after release from prison but also when probation starts. Probationers generally present less of a recidivism risk than parolees because probationers commit significantly fewer new crimes.
Why might someone experience a revocation of parole? ›
Parole revocation means that your parole has been revoked and you must go back to prison. In Texas, your parole can be revoked if you are accused or found guilty of committing any offense that violates its terms.
Why are there so many parole violations? ›
According to critics of parole, why are there so many parole violations? Prisoners are not properly reintegrated into society. Which of the following is not an advantage of probation and parole over imprisonment?
Which state has the lowest rate of parole supervision? ›
Nine States reported that fewer than 1% of their adult populations were on probation or parole. New Hampshire had the lowest rate of supervision in the community (549 offenders per 100,000 adults).
What percent of people successfully complete parole? ›
According to the U.S. Department of Justice, nearly 44% of people who left parole or probation in 2021 nationally did so after completing their supervision terms. In Indiana, that number is 58%.
Once released, formerly incarcerated people face a myriad of barriers to successfully re-entering society. They are not allowed to vote, have little access to education, face scant job opportunities, and are ineligible for public benefits, public housing and student loans.
What happens if you violate post-release control in Ohio? ›
The board or court shall consider a prison term as a post-release control sanction imposed for a violation of post-release control when the violation involves a deadly weapon or dangerous ordnance, physical harm or attempted serious physical harm to a person, or sexual misconduct.
Are parole officers law enforcement in Ohio? ›
Adult Parole
Officers are required to carry a firearm and are classified as law enforcement officers and do have the power to arrest those under their jurisdiction.
What are the rules for parole in Ohio? ›
Ohio law does not guarantee parole. Prisoners don't have an inherent or constitutional right to be released before the end of their prison sentence. The Ohio Supreme Court ruled that prisoners have no right to rely on parole guidelines that were in effect when they were convicted and sentenced.
What is Ohio Law 2919? ›
(A) No person shall purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman when the unborn child is viable.
What is the Ohio warning law? ›
WARN Act Qualifications in Ohio
The WARN Act applies to all publicly and privately held companies. The WARN Act applies to all organizations that are for profit or not for profit. A WARN notice must be given if there is a plant closing or a mass layoff.
What is the Ohio Revised Code for parole? ›
Section 2967.03 | Duties and powers as to pardon, commutation, reprieve or parole. The adult parole authority may exercise its functions and duties in relation to the pardon, commutation of sentence, or reprieve of a convict upon direction of the governor or upon its own initiative.
What happens if you violate felony probation in Ohio? ›
In Ohio, a probation violation can lead to arrest and, depending on the circ*mstances, more charges. A person who is caught violating their probation sentence may face new charges alongside the original offense, and the violation can impact the potential for expungement in the future.
Can you leave the state on probation Ohio? ›
You must obtain written permission prior to leaving the State of Ohio.
What happens when you violate parole in Ohio? ›
Any violation of parole creates the opportunity for the parolee to be arrested — without an arrest warrant — and sent back to prison. Violations are reviewed by a parole violation board and weighed, depending upon the violation, the parole history, and the potential for the parolee to reoffend.
This statute instructs courts on how to treat ex-prisoners that violate the terms of their post-release community supervision. If a violation occurs, the law allows the court to modify or revoke PRCS or refer them to reentry court.
What is Penal Code 3454? ›
A. Pursuant to Penal Code (PC) 3454, the Probation Department is responsible for individuals on Postrelease Community Supervision (PCS). Conditions of PCS release shall be reasonably related to the offender's criminal history.
What is 532 a charge? ›
The Crime of Theft by False Pretenses in California - PC 532
This statute prohibits defrauding somebody of their money or property using false promises, such as convincing someone to voluntarily give up of something of value based fraudulent representation.
What is a 182 charge? ›
The crime of Conspiracy pursuant to California Penal Code Section 182 PC requires a prosecutor to prove the following elements: The defendant intentionally entered into an agreement with another person or persons to commit a crime. The defendant committed an overt act in furtherance of this agreement.
What is a 243 charge? ›
Domestic battery charges are covered under California Penal Code Section 243(e) and one of the most common forms of domestic violence related charges in Los Angeles County. It's generally defined as any willful and unlawful use of force or violence against another person.
What is a 207 charge? ›
California Penal Code [CPC] §207(a) – Kidnapping – Penal Code Section 207(a) makes it illegal to take someone, by means of force or fear, into any other California county, or any other state, or country. Taking someone to a place inside the same county is also made illegal.
What is a 588 a charge? ›
To throw an object or substance at a moving vehicle, or to place something in the road that might be struck by a vehicle, may be charged as a criminal violation under California penal code section 588a.
What does charge 602 mean? ›
California Penal Code Sections 601 and 602 – Trespassing
The crime of “trespassing” is covered under California Penal Code Section 602, which prohibits someone from entering or remaining on another person's property without permission.
What happens if you violate probation for the first time in Illinois? ›
Possible Consequences for a Probation Violation
First, the judge could release you with no further consequences and allow you to continue serving your probation sentence. The judge could also modify the terms of your probation or increase the length of the probation.
Can you leave the state of Illinois while on parole? ›
The law allows one exception where a defendant can move out of state. This is called Interstate Compact Transfer pursuant to the Interstate Commission for Adult Offender Supervision (ICAOS). When a transfer occurs, the person's probation does not terminate, but continues in the next state.
Class 3 felony: Sentencing range of 2-5 years in the Department of Corrections. Probation is generally possible for all offenses in this category.
What happens if you miss a probation meeting in Illinois? ›
You may be able to straighten things out with your probation officer if you missed an appointment. However, you may have to go back to court – and we may be able to help you. Call us at 414-383-6700 right now if you missed a probation appointment and you're supposed to appear before a judge.
What is a PTR in Illinois? ›
A probation violation triggers a petition to revoke (PTR), which means going back to court and answering to the sentencing judge.
What is the difference between parole and probation in Illinois? ›
Parole comes into play after a person has been imprisoned and is released. Alternatively, probation refers to a criminal sentence, separate and distinct from incarceration.
What is 710 probation in Illinois? ›
What is 1410/710 probation? A. A sentence of 1410/710 probation can be used by judges in sentencing first time drug offenders. At the time of sentencing, you plead guilty and a motion to vacate your plea is entered into the court record and continued until your termination date.
Can you drink alcohol on probation in Illinois? ›
Conditions of Probation in Illinois
They cannot use drugs or alcohol and must give up any firearms they own. Conditions of probation also include not contacting any victims of their crime and usually adhering to a curfew.
Can convicted felons fly within the US? ›
A felony charge, in particular, can keep you from enjoying certain freedoms that others take for granted. One of these freedoms includes travel. Being a felon means that you will not be able to enjoy the freedom of international or even domestic travel that non-convicted persons get to enjoy.
