Criminal Defense - Understanding Parole

After you have been arrested, if you are found guilty of a crime you may have to serve time in prison or another incarceration facility. Your sentence may be cut short if you are released on parole, or you may be placed on parole after serving your full sentence. But what is parole? When might it be granted? The following primer answers those questions, and many more.

What is parole?

Parole is, in essence, a conditional release from prison. In some cases, a prisoner may be released on parole only when they have served their full sentence. In other situations, a prisoner's sentence may be cut short and they may receive an early release on parole. Parole allows a prisoner, or parolee, to leave prison and re-enter the community, subject to certain limitations and rules. Parolees who break any of the terms of parole can be sent back to prison for the remainder of their sentence or face other punishment.

Who is responsible for overseeing prisoners on parole?

The U.S. Parole Commission has jurisdiction over federal prisoners who are released on parole. For criminals serving time in state incarceration facilities, that particular state parole board has jurisdiction.

How does parole differ from probation?

Parole and probation are two totally separate things. Parole occurs when a prisoner is released from prison after having served either a portion or all of a sentence. Probation is an alternative to initial incarceration. Criminals who receive probation as a sentence will be able to remain members of their community, without seeing the inside of a jail or prison, so long as they follow rules set by the court.

These rules may require them to seek counseling or treatment, participate in community education or perform community service. They will also be required to attend regular meetings with their parole officer. If they break any of these rules, their probation can be revoked, and they can be sent to prison.

Is parole always an option?

No. For some particularly serious crimes, prisoners may not be eligible for parole. The law of the state in which they are sentenced will dictate whether they may obtain parole for a certain crime. For example, some states do not allow for repeat offenders or first-degree murderers, among others, to receive parole.

In other cases, a prisoner may receive the death sentence. There is no parole for death-sentenced prisoners.

How do I get paroled?

The specific steps that must be followed in order to obtain parole will vary from state to state. However, the process usually starts with a request or application for parole. In some states, prisoners are required to make the request themselves. In other states, a state parole board may investigate the possibility of parole after a set percentage of the sentence has been served. Once the request or application is made, a hearing will be held. Each state has detailed laws regarding how these hearings are to be conducted and what factors may be considered. Following the hearing, the parole board makes a decision as to whether the prisoner should be released on parole.

What factors play a part in determining whether parole will be granted?

Any number of factors will be considered by the parole board in determining whether a prisoner should be released on parole. These factors may include the prisoner's age, mental status, education and training, employment opportunities, and remorse for having committed the offense. The parole board will also consider the prisoner's behavior and attitude while in prison, participation in prison-education and prison-therapy programs, and the severity of the crime that was committed.

Can a prisoner have more than one parole hearing?

Yes. If a prisoner requests or is given a hearing but is denied parole he or she may try again, in the future, to obtain parole by going through the same process.

Does a prisoner have to accept parole when it is granted?

No. Parole will have many different conditions attached to it, usually put into place by the parole board and approved by the trial court that initially imposed the sentence. Prisoners must be told what all of the conditions of their release will be before being placed on parole. If they do not like the conditions, and do not want to abide by them, they are free to reject the offer of parole.

How long does parole last?

In most cases, the length of parole depends upon the crime that was committed and the behavior of the criminal. Typically, parole will not last longer than five years. However, parole can last for the rest of the prisoner's life.

What type of conditions might be imposed on parole?

The conditions of parole that may be imposed are controlled by state law and also by the circumstances of the particular case. A parolee might be required to remain in a specific geographical area, or he or she might be required to obtain a job, receive treatment, or submit to counseling or periodic drug testing.

Parolees are, almost without exception, prohibited from owning firearms. In all cases, a parolee will be required to meet with a parole officer. Usually, these meetings will be on a pre-determined schedule. In some cases, parolees might have to meet their parole officer once a week. In other situations, they may only have to meet with them once a month. The frequency of meetings with a parole officer depends upon the type of crime that was committed and the risk the parolee poses to the general health and safety of the community.

What happens if the conditions of parole are violated?

If the terms of parole are broken, the punishments may vary. A parolee who is late to a meeting with his or her parole officer, for example, may be given a verbal warning. If a more serious violation occurs, such as where the parolee fails a drug test, he or she may be sent back to prison. If a parolee commits a new crime while on parole, he or she may be sent back to prison and may also face trial (and a new sentence) for the new crime.

How is a prisoner's parole revoked?

Just as the process of granting parole varies from state to state, the process of revoking parole is also controlled by the laws of the particular state in question. Usually, parolees are entitled to a hearing to determine whether they have the right to remain on parole or whether they should be sent back to prison. If the parolee does not like the outcome of the hearing, he or she is generally entitled to appeal the determination.

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.