Parole and probation are closely associated with prison and jail time, and each comes with conditions for the defendant. A primary difference is that probation is normally part of a defendant’s sentence, whereas parole typically comes after someone convicted of a felony has done prison time.
Parole is a system of release from prison for prisoners who have served part of their sentences and whom the parole board deems ready for early release. (Since 1984, federal prisoners whose crimes predate November 1, 1987, cannot attain parole.)
Probation, on the other hand, is normally part of a sentence at the time of conviction. A sentence of probation can include time in jail, but people normally associate the concept of probation with being out of jail, in society, while having to live up to certain conditions. Probationers are typically subject to similar conditions to those on parole, which may also include staying away from specified individuals (such as gang members).
People on parole have committed felonies (generally, only felons are sent to prison; those with misdemeanor sentences are sent to local jails). (Read more about how crimes are classified.)
Most of the time, parole is not a right; instead, whether to grant it is up to a parole board (not necessarily of judges), who have complete discretion as to whether a prisoner is fit for parole. The parole board will consider factors such as the prisoner’s criminal record, behavior while in prison, and potential risk to society. Parole always comes with “conditions,” or behaviors that the parolee must follow in order to remain out of prison, such as regularly meeting with a parole officer, working, and not committing further crimes.
Probation isn’t determined by any particular board. Instead, after a plea bargain or trial, the judge will determine whether the defendant should get it and for how long. Judges typically consider several factors, including the seriousness of the crime and the defendant’s criminal record, when deciding. Among the conditions probation can come with is community service.
Both parole and probation can be revoked if the recipient commits a crime or otherwise violates the conditions of their release.
Both parolees and probationers are entitled to a hearing on the matter, and if the board or judge determines that the violation occurred, the person can be sent back to prison or sent to jail; or allowed to remain at liberty with additional conditions. In most states and in the federal system, counsel will be appointed for those who cannot afford to hire an attorney. (Read more about the consequences of violating parole and probation.)
