Probation and parole both involve supervision within the community instead of incarceration. But they happen at different points in the criminal justice system.
People often use “probation” and “parole” interchangeably, but there are key differences between the two. Both probation and parole come with strict requirements. If you don’t follow them, you could end up back in jail.
This article breaks down the differences between probation and parole, so you can understand what each term really means.
Probation Explained
Probation is a court-ordered alternative to spending time in jail or prison. Instead of being incarcerated, people on probation are allowed to live in the community, provided they follow certain rules and are supervised by a probation officer.
Probation is generally an option in misdemeanor and felony cases. In California, there are different kinds of probation, depending on how serious the crime was.
How People Are Placed on Probation
Probation is something that’s decided during the initial sentencing. When a judge is deciding what the sentence should be, they may decide to grant probation.
In making that decision, the judge will consider factors such as what the crime was, whether the defendant has a criminal history, and whether the person poses a risk to the community.
Terms and Conditions of Probation
When someone is on probation, they’ll typically have to check in regularly with a probation officer, submit to drug testing, and attend counseling sessions.
Other conditions might include paying restitution to victims, performing community service, and staying employed.
The specific rules and conditions of probation will depend on the crime and the person’s individual circumstances. In Florida, a person might be placed on administrative probation or community control, which is similar to house arrest.
Parole Unveiled
Parole is a way for some inmates to be released from prison early. If an inmate is granted parole, they can complete the remainder of their sentence outside of prison walls, provided they agree to supervision and other conditions.
Keep in mind that parole is only available in felony cases.
Eligibility for parole
A parole board decides whether an inmate will be granted parole after considering the inmate’s behavior while incarcerated and their progress toward rehabilitation. The board also has to determine whether the inmate poses a risk to public safety and how likely they are to re-enter society successfully.
In Florida, the Florida Commission on Offender Review (FCOR) oversees the parole system. Inmates can earn “good time credit” that shortens their sentence and makes them eligible for parole sooner.
Supervision and conditions of parole
Parolees can be required to consent to searches, register with local authorities, and abide by conditions specific to their offense. Those on parole typically have to check in with a parole officer on a regular basis and follow certain rules about what they can and can’t do. The goal of these requirements is to protect the public and ensure the parolee can successfully return to society.
Critical Differences Between Probation and Parole
Probation and parole are both ways of supervising people who have been convicted of a crime, but they happen at different times and are granted by different authorities.
Timing
The biggest difference is that probation happens instead of jail time. Parole, on the other hand, happens after a period of incarceration.
Granting Authority
A judge orders probation as part of the sentencing. Parole is granted by a parole board or an administrative body.
Eligibility
Probation is available for a wider range of offenses, including both misdemeanors and felonies. Parole is usually only available for felony offenses.
Purpose
The goal of probation is to rehabilitate offenders and keep them from committing more crimes while allowing them to stay in their communities. Parole focuses on helping offenders reintegrate into society after they’ve served time in prison, while still maintaining some level of supervision and control.
Legal Recourse and Assistance
Whether you’re facing probation or parole, it’s always a good idea to seek legal counsel. A lawyer can help you understand your rights and obligations, and advocate for you throughout the process.
Violations and Consequences
Whether you’re on probation or parole, failing to meet the required conditions can land you in hot water.
Defining Violations
A violation can include failing a drug test, blowing off an appointment with your supervising officer, committing another crime, or otherwise failing to meet the requirements of your release.
Consequences of Violations
If you violate the terms of your probation or parole, you may face harsher restrictions, additional release conditions, or even a revocation of your probation or parole.
If your probation or parole is revoked, you may be incarcerated or sent back to prison to finish serving your original sentence. In Florida, a probation violation can result in additional jail time or stricter release terms.
Parole in Florida: A Unique Case
It’s important to note that parole is very limited in Florida. If you committed an offense after October 1, 1983, you likely aren’t eligible for parole.
This is largely due to “truth-in-sentencing” laws, which require offenders to serve a substantial portion of their original sentence. These laws dramatically reduced the use of parole in the state.
That said, there are some alternative release options available in specific situations. For example, compassionate release might be an option in cases of terminal illness or debilitating conditions. But these are the exception, not the rule.
Key Takeaways
Probation and parole both involve court supervision, but it’s important to remember the key difference: probation is an alternative to jail time, while parole is an early release from prison.
Because laws and regulations regarding probation and parole vary by location, it’s crucial to understand the specific rules in your jurisdiction.
If you’re facing issues related to probation or parole, consult with an experienced attorney. A lawyer can help you understand your rights and responsibilities and guide you through the legal process.