Probation and parole are both alternatives to incarceration. And offenders placed on probation or parole are required to follow certain conditions. However, probation and parole have significantly different functions in the criminal justice system. This article provides an overview of the basics of probation and parole, the typical conditions a probationer or parolee is required to follow, and the consequences of probation and parole violations.
Probation is a type of criminal sentence that allows an offender to remain in the community (as opposed to being in jail). Typically, when a defendant is convicted of a crime and sentenced to probation, the judge “suspends” the jail sentence while the defendant is on probation. As long as the conditions of probation are being met, the offender is allowed to remain out of jail. However, in some jurisdictions, judges also have the option of sentencing an offender to serve a certain amount of time in jail as a condition of probation, which would be served before the offender is released on probation.
In other situations, an offender may be placed on probation without being technically convicted of a crime. For example, some states permit deferred sentencing agreements for certain types of crimes. Such an agreement generally requires the offender to plead guilty, but the prosecution is “deferred” (put on hold) and the offender is placed on probation. If the offender completes the conditions of probation, the criminal charge is dismissed. But if the offender violates a condition of probation, the court can enter the guilty plea and proceed with sentencing the offender.
There are two types of probation: formal and informal. Formal probation is sometimes referred to as “supervised probation” and typically requires the offender to report to a probation officer. Formal probation is generally imposed for all felony and some misdemeanor convictions. Informal probation—which is typically imposed only in misdemeanor cases—is sometimes referred to as “bench probation” or “court probation” and requires the offender to report directly to the court, instead of a probation officer. (Read more about misdemeanors, felonies, and crime classifications.) An offender on informal probation is generally required to report to the court only to make payments for fines and fees, submit proof of completion of probation requirements (such as community service hours or treatment), and to update a change of address.
Parole is the supervised release of an inmate from prison into the community. Generally, the time the offender spends on parole is considered part of the sentence. Inmates may be released on parole by a parole board decision, known as “discretionary parole,” or according to the requirements of a statute, known as “mandatory parole.” Generally, offenders serve a significant portion of their sentence incarcerated before being eligible for release on parole. A parolee usually reports to a parole officer who monitors the parolee’s progress in fulfilling the conditions of parole.
The main purpose of parole is to help the parolee successfully reintegrate into the community after serving time in prison. To achieve this purpose, most parole systems aim to rehabilitate offenders while providing safety to the community.
Whether placed on probation or parole, the offender is required to follow certain rules known as “conditions” or “terms” of probation or parole. Generally, the conditions of probation are similar to the conditions of parole. However, probation conditions come from the court, while parole conditions come from the parole board or department of corrections. Typical conditions include requiring the probationer or parolee to:
Probation and parole conditions vary depending on the jurisdiction and nature of the offense. Some offenses require offenders to adhere to additional conditions. For example, a defendant convicted of molesting a child might be required to report as a sex offender, complete sex offender treatment, and stay away from areas where children typically congregate (such as parks, schools, and playgrounds).
Failure to abide by probation conditions can result in arrest, modification of conditions, revocation of probation, or imposition of “structured sanctions.” (Typical structured sanctions include jail time, community service, house arrest, and/or electronic surveillance.)
Generally, an offender who’s accused of violating probation is entitled to a hearing before a judge. If the probationer admits or the judge finds, after a hearing, that the probationer committed the violation, the judge will decide the whether to revoke or continue probation. When probation is revoked, the defendant is typically sentenced to jail. The judge can alternatively continue the offender on probation—despite having found a violation—with or without modifying the conditions. Typically, if a judge does opt to modify the offender’s conditions, the modification will be related to the violation. For instance, if a probationer violates probation by drinking alcohol, the judge might modify the probationer’s conditions to include continuous alcohol monitoring. Structured sanctions, on the other hand, are imposed by the probation officer and require the probationer to admit the violation and waive the right to a hearing.
Like probationers, parolees are normally entitled to a hearing when accused of violating a term of parole. However, parole violation hearings are generally brought before the parole board rather than a judge. The parole board (or hearing officer from the parole board) decides whether the parolee committed a violation and, if so, what the consequences will be. Failure to comply with parole conditions can result in the offender being returned to prison to finish the original sentence. Other sanctions for parole violations might include jail time, modification of parole conditions, community service, house arrest, and/or electronic surveillance.
