{"id":352114,"date":"2023-11-02T09:11:44","date_gmt":"2023-11-02T14:11:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/parole-violation.html"},"modified":"2023-11-02T09:11:44","modified_gmt":"2023-11-02T14:11:44","slug":"parole-violation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/parole-violation.html","title":{"rendered":"Parole Violation"},"content":{"rendered":"\n
\n \n
\n

Parole Violation<\/h1>\n
\n
\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Parole is a conditional release from prison. This means you can serve the rest of your sentence in the community. But if you break the rules of your parole, you’ll likely face further consequences. <\/p>\n\n <\/div>\n\n

People think of parole as simply an early release from prison. It is a form of community supervision for offenders who have already served a part of their prison sentences.<\/p>\r\n

The discretionary release of a parolee allows them to serve the rest of their sentence on the outside but under close supervision. Parole officers ensure that parolees follow stringent conditions imposed by the parole board. These conditions help prevent the parolee’s return to criminal activity.<\/p>\r\n

Violating these conditions can result in an immediate return to prison. If you have concerns about parole and your legal options, talk to a criminal law attorney<\/a>. <\/p>\r\n

In this article, we will discuss the differences between parole violations and probation violations. See how the criminal justice system may grant a prisoner parole and how it processes a parole violation.<\/p>\r\n

Probation and Parole: What’s the Difference?<\/h2>\r\n

Often, people use the terms probation and parole<\/a> as interchangeable. For those not familiar with the criminal justice system, the two concepts can become confused. They both involve the community supervision of a convicted criminal.<\/p>\r\n

A judge grants probation as an alternative to prison, usually during sentencing. In contrast, a parole board or hearing officer decides after the prisoner has served some part of their sentence.<\/p>\r\n

Probation<\/h3>\r\n

Probation can happen in a misdemeanor or felony case. For example, in a misdemeanor DUI or theft case, the court may suspend jail time for the defendant. As a condition of their sentence, they must report to a probation officer and complete programs related to alcohol or substance abuse. Likewise, a court may order payment of restitution as a condition of probation for theft. In a felony domestic violence case, the court may suspend prison time on condition that the defendant complete a batterer’s intervention program.<\/p>\r\n

If a defendant on probation commits a new offense or fails to follow their sentencing order, they may face a probation violation<\/a> charge. If the court finds good cause, it may revoke probation and order the defendant to serve the suspended jail or prison sentence.<\/p>\r\n

Parole<\/h3>\r\n

Correctional authorities may grant parole to a defendant serving a prison sentence. Parole cases generally stem from felony cases. In most states, only convicted felons serve time in state prison. The time spent in prison before parole eligibility can depend on several factors. This can include the severity and nature of the offense and the behavior of the prisoner after incarceration. How a state defines and structures the parole process will vary.<\/p>\r\n

Before the 1970s, most states used a system of discretionary parole. In such a system, the state parole board reviews individual cases of prisoners. It determines whether they merit an early release supported by parole supervision. This idea of parole comes from a rehabilitative approach to sentencing. The state can grant early release on good behavior. It then provides support to help prisoners transition back to the community. As a result, the convicted person (now a parolee) is more likely to adjust and conform their behavior. They will not return to crime.<\/p>\r\n

Since the 1970s, many states moved away from discretionary parole. They changed the focus to one of determinate or fixed sentencing. By the 1980s, sentencing in several jurisdictions emphasized punishment more than rehabilitation. As a result, states adopted sentencing guideline grids to promote predictability in sentencing. In such states, the caseload of the parole board became limited to only the most serious cases with indeterminate or life sentences. Most felons sentenced to prison no longer had an opportunity for early release on parole.<\/p>\r\n

In jurisdictions that allow parole, the process begins when the defendant has served enough time to become parole-eligible. Once that happens, the defendant can apply for a parole hearing. In some jurisdictions, the board may grant them one. Most jurisdictions will review the following before deciding to grant parole:<\/p>\r\n