Parole Violations

Parole is the early release of a prisoner sent to state prison, following a conviction for a felony. More than half of U.S. states use parole as their primary method of determining early release from prison. Parole involves several steps—most of which involve broad discretion given to a parole board. This article reviews how parole works—how it's granted, what conditions attach to parole, what a parole violation means, and when parole can be revoked.

What Is Parole?

Parole allows an inmate to be released early from prison while remaining under supervision. Early release comes with conditions and oversight—it's not the end of the sentence. At any point during parole, a violation can result in rearrest and reincarceration.

Parole Is Not Probation

Often confused, parole and probation are both forms of correctional supervision in the community, but they occur at different stages of the criminal justice process.

Probation is part of a defendant's initial sentence, and a judge retains authority to make decisions regarding a probationer's conduct. A probationer might never spend time behind bars.

Parole, on the other hand, happens much later and only after a defendant goes to prison for a felony conviction. It offers the chance at early release from prison to serve the remainder of one's sentence in the community. A parole board decides whether to grant parole and makes decisions regarding a parolee's conduct.

Parole Is a Privilege Not a Right

Parole is considered an "act of grace." Being eligible for parole does not mean an inmate will get parole. And, because it's a privilege, not a right, a prisoner seeking parole does not have all the constitutional rights given to criminal defendants (such as the right to legal counsel).

Some offenders will be sentenced to time without the possibility of parole. In these cases, the offender must serve their entire sentence in prison before being released.

How Is Parole Granted?

A parole board (not a judge) will decide whether or not to grant an inmate parole. Before that happens, the inmate must be eligible for parole and make their case for it.

Parole Eligibility

When a defendant is sentenced to prison, the judge hands down a sentence that may include a minimum or maximum sentence or both. Generally, a prisoner must complete their minimum sentence before becoming eligible for parole. In most states, a prisoner will also need to complete a percentage of their maximum sentence, such as 30%, 50%, or 75%. This percentage might relate to the seriousness of their offense, whether it was a crime of violence or sex offense, or whether the defendant is a repeat offender.

This percentage is often only one factor in determining an inmate's parole eligibility date (or PED). The PED could get moved up if a prisoner earns credits for good behavior in prison or pushed back for bad behavior or failure to complete required programming (such as drug treatment).

Applying for Parole

Importantly, parole eligibility only means the inmate can apply for parole. An inmate will typically need to put together a case for being granted parole and present a parole release plan, outlining where they plan to stay and work if granted parole.

Many states have parole guidelines that parole boards must review in evaluating an application. These factors might include the seriousness of the offense, the inmate's behavior in prison, and whether the inmate is likely to succeed on parole. Before making a decision, the board might interview the inmate, hold a hearing, and review victim statements.

If denied parole, an inmate must generally wait a set amount of time or meet requirements set by the parole board before reapplying.

What Are Parole Conditions?

An inmate who's granted parole will need to comply with parole conditions. Some parole conditions apply to all parolees, while other conditions are specific to a parolee's situation.

Examples of across-the-board parole conditions include:

• obeying all laws
• reporting to a parole agent or supervisor
• paying restitution and supervision fees
• abiding by the person's parole plan, and
• submitting to random searches.

Other parole conditions might include:

• avoiding contact with certain people (such as victims, gang members, or co-defendants)
• maintaining employment
• attending counseling or treatment programs
• obtaining permission to travel
• wearing a GPS tracking device, or
• refraining from alcohol and drugs.

A violation of these conditions (even missing a check-in meeting) can result in the parolee's rearrest and trigger a parole revocation hearing.

What Is a Parole Violation?

A parolee who doesn't comply with a condition of parole commits a violation.

Types of Parole Violations

Parole violations can be technical (such as missing a meeting or not paying a fee) or substantive (committing a new crime). Not all violations lead back to prison, but they can.

Parolees might rack up several minor technical violations before one results in a revocation hearing. In some states, parole officers have the authority to order intermediate sanctions for technical violations, such as imposing more frequent check-ins or an earlier curfew. Committing a new crime while on parole is much more serious. The parolee could be arrested and held in jail to await the possibility of new criminal charges, a parole revocation hearing, or both.

Consenquences for Parole Violations

Depending on the severity of the violation(s), a parole board might impose sanctions short of revocation. For instance, the board might modify the person's parole conditions by increasing supervision levels, requiring community service hours, imposing new drug testing, or imposing time in confinement (for instance, a jail stay or time in a technical violation center). Some states set out a continuum of graduated sanctions in policy or law.

When Can Parole Be Revoked?

Parole revocation means the parolee will be sent back to prison to serve all or some of the balance of the original sentence.

Due Process Rights for Parole Revocation

Before parole can be revoked, the parolee must be given notice of the claimed violation, a preliminary hearing to determine whether there is probable cause to believe a violation occurred, and a final hearing before the parole board (sometimes the two hearings are held as one).

The U.S. Supreme Court has ruled that the following due process rights must be given to parolees at a revocation hearing:

• The parolee must get written notice of the claimed violations.
• The board must disclose the evidence against the parolee.
• Parolees must be given an opportunity to present witnesses and evidence and to be heard in person.
• The parolee must be allowed to confront and cross-examine witnesses.
• The board must issue a written statement noting the evidence relied on and its reasons for revoking parole.

(Morrissey v. Brewer, 408 U.S. 471 (1972).)

Parole Revocation Hearings Are Not Criminal Trials

The parole violation hearing differs markedly from a trial. A parole board, not a judge, will review the allegations and make the revocation decisions. Parolees are not guaranteed legal counsel and the prosecution doesn't need to prove "beyond a reasonable doubt" that the claimed violations occurred. In fact, if the basis for the revocation is a new offense, and the offense has not been charged or even when the parolee has been acquitted of the charge, the board may still consider the incident as a basis for revocation.

(Gagnon v. Scarpelli, 411 U.S. 778 (1973).)

Talk to a Lawyer

Parole revocation is serious. It can mean months or years of being locked behind bars. If you or a loved one are facing parole revocation, consider consulting a criminal defense attorney. A lawyer can help you understand what's at stake and represent the parolee at a revocation hearing.