What is the difference between probation and parole?

What is the Difference Between Probation and Parole?

If you’ve been charged with or convicted of a crime, you may hear the terms “probation” and “parole” used interchangeably. But while they sound similar, probation and parole are actually very different.

Understanding the distinction between these two forms of community supervision is important. The rules, restrictions, and consequences you face depend on whether you’re sentenced to probation or released on parole.

This article will compare probation vs. parole, looking at how they work, who oversees them, and the advantages and disadvantages of each. We’ll also discuss how to succeed under both types of supervision.

What is Probation?

Probation is a type of criminal sentence where the offender serves all or part of their sentence in the community rather than jail. It allows someone convicted of a crime to stay out of prison under the supervision of a probation officer^[1].

Here are some key facts about probation:

• It is ordered by a judge as part of a court sentence.
• Offenders must follow certain rules and conditions.
• A probation officer monitors the offender’s behavior.
• Breaking the rules can lead to jail time.

Probation gives offenders a chance to show they can abide by the law without being locked up. But it comes with strict supervision.

How Does Probation Work?

When someone is convicted of a crime, the judge has discretion in imposing a sentence. For less serious crimes, the judge may decide that probation is appropriate.

If you’re sentenced to probation, the court will order terms you must comply with, such as^[2]:

• Reporting regularly to a probation officer
• Avoiding further criminal acts
• Drug and alcohol testing and treatment
• Maintaining employment
• Paying fines, fees, and victim restitution

You’ll be assigned a probation officer who will monitor your behavior. They make sure you follow the court-ordered terms. If you violate any conditions, they can recommend sanctions or revoking your probation.

Types of Probation

There are a few different forms of probation^[3]:

• Unsupervised – No probation officer, just obey the law.
• Supervised – Regular meetings with an officer.
• Intensive – Heightened supervision for high-risk offenders.
• Administrative – Post-jail monitoring by parole board.

Supervised probation with a probation officer is most common. The level of supervision depends on factors like your criminal history and risk to public safety.

What is Parole?

Parole is the early release of an inmate from prison before their full sentence is complete. It allows someone to serve the remainder of their sentence in the community under supervision^[4].

Here are some key facts about parole:

• It is granted by a parole board, not a judge.
• Inmates must apply and be approved for release.
• Parolees must follow parole conditions and supervision rules.
• Violating parole can lead to re-imprisonment.

Like probation, parole aims to reintegrate offenders back into society. But parolees must prove they are ready to be released from prison early.

How Does Parole Work?

Parole functions as a type of conditional release from prison. Here is the basic parole process:

1. Become eligible – Serve minimum sentence.
2. Apply for parole – Hearing with parole board.
3. Get approved – Parole board grants release.
4. Follow parole rules – Supervision in the community.
5. Discharge – Successfully complete parole.

Inmates who demonstrate good behavior and rehabilitation may be approved for parole before finishing their maximum sentence. They are released under strict supervision by a parole officer.

Types of Parole

As with probation, there are different forms of parole^[5]:

• Discretionary – Parole board decides when eligible for release.
• Mandatory – Automatic parole after serving set minimum sentence.
• Provisional – Parole with required completion of programs.
• Medical – Early release for inmates with serious health issues.

Discretionary parole, with the parole board reviewing each case, is the most common across the U.S.

Key Differences Between Probation and Parole

While probation and parole sound similar, there are some important distinctions^[1]:

So in summary, probation is court-ordered supervision instead of incarceration, while parole is early supervised release from prison.

Probation vs. Parole Officers

Both probationers and parolees are supervised by trained criminal justice officers. But probation officers and parole officers have some differences in their roles^[6].

Probation Officers

Probation officers typically:

• Have a bachelor’s degree in criminal justice, social work, or psychology
• Work for county probation departments
• Supervise lower-risk offenders
• Make recommendations to the court

Their goals are to connect probationers with rehabilitation services and report violations to the judge.

Parole Officers

Parole officers commonly:

• Have an associate or bachelor’s degree
• Work for state departments of corrections
• Oversee higher-risk parolees
• Can initiate parole revocation

They focus on enforcing parole conditions and keeping parolees from reoffending.

Pros and Cons of Probation

There are some advantages and disadvantages to being sentenced to probation instead of jail:

Pros of Probation

• Avoid incarceration
• Lower fines and fees
• Continue working and providing for dependents
• Live at home vs. prison
• Access to rehabilitation services

Cons of Probation

• High level of supervision
• Privacy invaded by probation officer
• Restrictions on housing, employment, travel
• One mistake can trigger jail time

Overall, probation allows an offender to serve their sentence in the community instead of behind bars. But freedom comes with strict oversight.

Pros and Cons of Parole

Similarly, parole offers some benefits and drawbacks compared to staying in prison:

Pros of Parole

• Early release from prison
• Chance to rejoin family and society
• Can work and earn money
• More freedom and less crowding than prison

Cons of Parole

• Parole board has total discretion
• Parole can be denied and delayed
• Still under prison system control
• Swift re-imprisonment for violations

Parole offers release from prison before a full sentence is up. But total freedom remains restricted.

How to be Successful on Probation or Parole

Both probation and parole come with challenges. But you can maximize your chances of success under community supervision by:

• Showing up to all meetings with your officer
• Passing required drug tests
• Attending mandated counseling or treatment
• Avoiding people, places that trigger criminal behavior
• Finding stable housing and steady employment
• Checking in with your officer before making major life changes
• Being honest with your officer, even about mistakes

The more you demonstrate responsibility and commitment to rehabilitation, the more likely you are to thrive on probation or parole.

Violating Probation or Parole

Unfortunately, many people on probation or parole end up violating the terms and getting revoked. Common violations include:

• Failed or missed drug/alcohol tests
• Missed meetings with officer
• Failed to maintain employment
• Failed to complete mandated programs
• Traveling outside allowed area
• New criminal arrest or conviction

Even minor violations can land you back in jail or prison. Try to avoid any missteps by strictly adhering to all probation or parole conditions.

Key Takeaways

The main differences between probation and parole are:

• Probation is court-ordered as part of sentencing, while parole is early release decided by a parole board.
• Probation is served instead of jail time, parole is served after time in prison.
• Probation is overseen by probation officers, parole by parole officers.
• Probation is for lower-risk offenders, parole for higher-risk inmates.

While they sound similar, the rules and supervision differ significantly between probation and parole. Understanding the distinction is crucial for anyone facing criminal charges.

Both probation and parole aim to rehabilitate offenders without full incarceration. But they come with strict conditions. Avoiding violations and demonstrating rehabilitation is key to succeeding under community supervision.