Parole Definition

If you or a loved one is imprisoned, getting home is the highest priority. Fortunately, parole allows you to be released earlier than your sentence is scheduled to end.

Parole is an integral part of the criminal justice system. But the rules are complex, and the stakes high. If you, a friend, or a family member need help with parole or other criminal law issues, you should speak to a criminal defense attorney immediately.

What Is Parole?

Parole provides a way for a person to get out of jail before their sentence is scheduled to end. Typically, the parole decision is left to the discretion of a parole board, parole commission, or a similar group. Generally, the board of parole will grant parole when they are convinced that the incarcerated person is no longer a threat to public safety.

Probation vs. Parole

Though people often confuse probation and parole, they are not the same. Probation is a punishment that a judge imposes at sentencing. Parole is an early release from prison, and not a punishment. Parole only occurs after you’ve served some portion of your jail sentence. Probation, on the other hand, does not require jail time.

How Do I Know If I’m Eligible for Parole?

Two factors generally determine parole eligibility. The first is what your sentence says about parole. For example, a sentence of “life in prison” leaves parole as an option, but a sentence of “life without the possibility of parole” removes that possibility.

The second factor is the law. State laws often make certain crimes (e.g., first-degree murder, kidnapping, or sexual assault) ineligible for parole. These laws also specify how long a person must serve before becoming eligible for parole.

State statutes can also override a judge’s sentencing decision. For example, recent changes to California’s parole laws say that those sentenced to life without parole must be considered for parole if the crime occurred before they turned 18.

What Is the Parole Process?

Courts often say that parole is a privilege, not a right. As such, courts have decided that defendants’ protections during trial and sentencing do not apply during the parole process. For this reason, states handle parole proceedings in many different ways. Yet, there are a few common threads.

Assuming that the person is eligible for parole, after they go to prison, the administrators will determine the earliest possible parole date. The administrators may move this date forward or backward based on a person’s good behavior or bad actions while incarcerated.

A few months before the eligibility date, the parole commission will schedule a parole determination or a parole hearing. The board will notify the incarcerated person and any other relevant people (e.g., victims).

Before making a decision, the board of parole will conduct an investigation. The investigation will collect information regarding the incarcerated person’s:

• Criminal record
• Compliance with prison rules and regulations
• Commitment to prison programming (e.g., G.E.D. classes, substance use courses, etc.)

The board puts this information into a report that includes information about the crime, victim statements, and other relevant information. In some states, the parole decision will be based solely on this report. In others, there will be an actual hearing.

At a parole hearing, the board typically interviews the incarcerated person, victims, and other relevant parties. Depending on the state, you or your loved one may have the right to have a defense lawyer present at the hearing.

A few weeks after the hearing, the board of parole provides the incarcerated person with a written decision.

What Happens if My Parole Is Denied?

Because parole is not a right, what happens after a denial of parole varies widely from state to state. In some states, such as New York, state law gives a person the right to file an appeal with the department of corrections and also with the state courts. In other states, such as Michigan, incarcerated people have no right to appeal a parole decision.

What Happens if My Parole Is Granted?

If your parole is granted, the prison will schedule your release. Then, you’ll have to strictly comply with the conditions of release outlined in the board’s decision. Typical conditions of parole require parolees to:

• Avoid people and places associated with the crime
• Maintain a job, look for work, or attend job-training courses
• Refrain from drug or alcohol use
• Submit to alcohol and drug testing
• Follow a set curfew
• Live at a specific address

Parolees must meet with their parole officers regularly. They must also allow the parole officer to make unannounced visits. During these visits, the parole officer may randomly search the parolee’s person or property. The Supreme Court has said that the Fourth Amendment’s warrant requirement does not apply to people on parole.

Can My Parole Be Revoked?

Absolutely. A parolee’s freedom depends on following the conditions of release to the letter. If you violate the conditions of your release or commit a new crime, your parole could be in danger.

If you are suspected of committing a parole violation, you must attend a revocation or violation hearing. The prosecutor will have to prove that it is more likely than not that you violated the terms of your parole. You will face consequences if the parole board, hearing officer, or judge agrees.

After a full revocation, you must return to prison to serve any time remaining on your original sentence. Alternatively, the board or judge might extend your parole supervision period.

Seek Legal Help With Parole Issues

A favorable parole decision can get you or your loved one released from jail. But a parole release is hard to get and easy to lose. To make sure that you understand the parole system and other parts of the criminal justice system, you’ll need legal advice. Use the LawInfo directory to find an experienced criminal defense attorney near you.