Is leaving the state a parole violation?

Inmates paroled from prison face a period of supervision under which they are subject to mandatory rules. Those who violate these rules may face stringent consequences that include going back to prison to serve out their full sentences. Among the violations that may revoke their parole is leaving the state without authorization.

Eligibility/Procedure for Parole

Parole is usually granted to a defendant if he or she demonstrates the following:

1) compliance with the prison’s rules and regulations;
2) the defendant's parole does not minimize the severity of the crime; and more importantly,
3) the defendant's parole does not pose a threat to the public.

A parole commission reviews the inmates case and provides a recommendation to a hearing examiner who will make the final determination. If the parole is granted, the parolee will be subject to a "release plan" whereby the parolee must provide an address where he or she will live as well as a verified job offer. The parolee will be supervised by a parole officer on ad periodic basis.  Failure to follow the mandatory release plan may result in a parole violation that may lead to revocation of the parole.

Parole Violation

A parolee violates parole when he or she does not follow the prescribed restrictions under the program.  The following are general parole violations:

• failure to report to the parole officer
• failure to report a change of address to a parole officer
• committing a subsequent crime
• leaving the state without permission

Some jurisdictions allow parolees to leave the state temporarily for certain reasons such as attending a close relative's funeral or exigency purposes. However, it is imperative that the parolee receives permission from his or her parole officer. The general procedure is that the parolee must provide notice within a specified time before he or she leaves the state.

All states have an interstate agreement that permits parolees to move out of state but requires them to submit to the parole supervision of the destination state. Approval rests with the parole board of the original state.

To avoid possible parole violation consequences, consult with an attorney about your case.