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What Does Parole Mean

March 21, 2024 Uncategorized

What Does Parole Mean?

Parole is a conditional early release from prison before an inmate’s sentence is complete. Essentially, parole allows an incarcerated person to serve part of their remaining sentence outside of prison, while adhering to certain rules and conditions.

How Parole Works

Typically, parole decisions are made by a parole board or commission made up of professionals like judges, prosecutors, and experts in correctional treatment and rehabilitation. The parole board reviews each eligible inmate’s case before deciding whether or not to grant parole. If granted, the inmate is released from prison under supervised monitoring by a parole officer to complete their sentence.
There are usually some standard conditions of parole that a released inmate must comply with, such as:

  • Regular meetings with a parole officer
  • Maintaining employment
  • Obeying all laws
  • Refraining from drug and alcohol use
  • Staying within certain geographic boundaries

In addition, a parolee may have special conditions tailored to their case, like undergoing counseling or drug treatment. If any condition is violated, the parolee could be sent back to prison.

Why Parole Exists

The purpose behind parole is twofold:

  1. To incentivize good behavior in prison. Inmates must demonstrate good conduct and participation in rehabilitative programs to be considered eligible for early release on parole.
  2. To ease former prisoners back into society. The conditions and supervision associated with parole are meant to support an inmate’s transition and reduce rates of reoffending.

By offering parole, the legal system provides incarcerated individuals an opportunity to serve part of their sentence outside prison walls, while still completing their full sentence under supervision.

Parole Eligibility and Hearings

Each state has its own laws and guidelines determining parole eligibility. Factors like the type of crime, sentence length, time already served, behavior in prison, and prior criminal history are all commonly considered.
For example, some states allow inmates sentenced to less than a year in prison to be released on parole after serving a quarter of their term. Or, inmates serving lengthy sentences for more serious violent crimes may not be parole eligible until half their term or longer has been served.
Once an inmate is eligible for parole, they will go through the parole hearing process. This involves an interview with the parole board, where the inmate has a chance to demonstrate their rehabilitation and suitability for release. Supporting materials like testimony from prison staff, proof of program participation, and release plans are also considered.
The parole board then decides whether or not the inmate should be released on parole based on criteria like public safety risk, rehabilitative progress, and the inmate’s parole plans. If parole is denied, the board provides a reason and usually sets a date for the inmate’s next parole hearing.

Parole vs. Probation

Parole and probation are often confused, but they are very distinct forms of community supervision. The main differences are:

  • Parole applies to inmates already serving a prison sentence, allowing conditional early release to complete the sentence.
  • Probation is used as an alternative to jail time at the time of sentencing, with the sentence suspended unless probation is violated.

So parole kicks in after an inmate has already served time, while probation keeps a person from being incarcerated in the first place. Both come with monitoring and conditions the supervised person must adhere to in order to avoid stricter punishments.

Parole Officer Role and Responsibilities

As mentioned, parolees are assigned supervision by a parole officer for the duration of their parole term. Parole officers have an important job making sure parolees are complying with the terms of their release. Key duties include:

  • Monitoring the parolee’s location and activities to ensure adherence to geographic restrictions, curfews, employment obligations, etc.
  • Administering drug tests randomly and as needed to enforce sobriety requirements
  • Providing guidance and resources around employment, housing, healthcare, education, and meeting other basic needs
  • Submitting timely reports on the parolee’s progress to keep the parole board updated
  • Reporting any condition violations or concerning behaviors to the parole board

In this way, parole officers aim to support an inmate’s successful reentry into the community while also protecting public safety. If a parolee violates their parole, it is the parole officer’s job to report it so sanctions like parole revocation can be imposed.

Parole Revocation

If a parole officer discovers that a parolee has violated one or more conditions of their release, they will notify the parole board to recommend revocation proceedings. Some common violations include:

  • Failed or missed drug/alcohol test
  • Failed to report to their parole officer
  • Arrested for a new crime
  • Moved or traveled outside their approved region without permission

Before parole is formally revoked, the parolee is entitled to a revocation hearing. Here, they will have a chance argue why their parole should not be revoked, or to explain any mitigating circumstances behind the violation.
If the board determines revocation is warranted, the parolee will be re-incarcerated to complete their sentence behind bars. Time spent on parole typically does not count toward sentence completion in this case. The parole board will decide if/when the inmate should be eligible for another parole hearing.

Dealing with Parole in the Legal System

Navigating parole can be complicated, especially if you end up accused of violating parole. Having an experienced criminal defense lawyer assist with the process can be invaluable. Some key ways a lawyer can help include:

  • Guiding you through parole hearings and helping present the strongest case for release
  • Designing supervision and release plans likely to satisfy parole boards
  • Advocating for you in front of the parole board if violations occur
  • In revocation hearings, highlighting mitigating circumstances and arguing against re-incarceration
  • Exploring sentence commutation if parole continues to be denied
  • Requesting alternative consequences like community service or counseling for minor violations

Navigating the parole process and community supervision requires knowledge of state laws, corrections policies, and administrative practices. An attorney well-versed in these areas is invaluable for prisoners pursuing parole or dealing with violations.
The bottom line? Understanding parole eligibility, process, conditions, and potential outcomes can determine whether an inmate spends months to years more behind bars or successfully integrates back into society. Consulting a criminal lawyer is wise at any stage from the initial parole hearing to handling accusations of parole violations. With sound legal advice, the parole process is much more likely to result in the most favorable, just outcome.

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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