Understanding Parole:
After
you have been arrested, if you are found guilty
of a crime, you may have to serve time in prison
or another incarceration facility. Your sentence
may be cut short if you are released on parole,
or you may be placed on parole after serving
your full sentence. But what is parole? When
might it be granted? The following primer
answers those questions, and many more.
What
is parole?
Parole
is, in essence, a conditional release from
prison. In some cases, a prisoner may be
released on parole only when they have served
their full sentence. In other situations, a
prisoner's sentence may be cut short and they
may receive an early release on parole. Parole
allows a prisoner, or parolee, to leave prison
and re-enter the community, subject to certain
limitations and rules. Parolees who break any of
the terms of parole can be sent back to prison
for the remainder of their sentence or face
other punishment.
Who is
responsible for overseeing prisoners on parole?
The U.S.
Parole Commission has jurisdiction over federal
prisoners who are released on parole. For
criminals serving time in state incarceration
facilities, that particular state parole board
has jurisdiction.
How
does parole differ from probation?
Parole
and probation are two totally separate things.
Parole occurs when a prisoner is released from
prison after having served either a portion or
all of a sentence. Probation is an alternative
to initial incarceration. Criminals who receive
probation as a sentence will be able to remain
members of their community, without seeing the
inside of a jail or prison, so long as they
follow rules set by the court. These rules may
require them to seek counseling or treatment,
participate in community education or perform
community service. They will also be required to
attend regular meetings with their parole
officer. If they break any of these rules, their
probation can be revoked, and they can be sent
to prison.
Is
parole always an option?
No. For
some particularly serious crimes, prisoners may
not be eligible for parole. The law of the state
in which they are sentenced will dictate whether
they may obtain parole for a certain crime. For
example, some states do not allow for repeat
offenders or first-degree murderers, among
others, to receive parole. In other cases, a
prisoner may receive the death sentence. There
is no parole for death-sentenced prisoners.
How do
I get paroled?
The
specific steps that must be followed in order to
obtain parole will vary from state to state.
However, the process usually starts with a
request or application for parole. In some
states, prisoners are required to make the
request themselves. In other states, a state
parole board may investigate the possibility of
parole after a set percentage of the sentence
has been served. Once the request or application
is made, a hearing will be held. Each state has
detailed laws regarding how these hearings are
to be conducted and what factors may be
considered. Following the hearing, the parole
board makes a decision as to whether the
prisoner should be released on parole.
What
factors play a part in determining whether
parole will be granted?
Any
number of factors will be considered by the
parole board in determining whether a prisoner
should be released on parole. These factors may
include the prisoner's age, mental status,
education and training, employment
opportunities, and remorse for having committed
the offense. The parole board will also consider
the prisoner's behavior and attitude while in
prison, participation in prison-education and
prison-therapy programs, and the severity of the
crime that was committed.
Can a
prisoner have more than one parole hearing?
Yes. If
a prisoner requests or is given a hearing but is
denied parole he or she may try again, in the
future, to obtain parole by going through the
same process.
Does a
prisoner have to accept parole when it is
granted?
No.
Parole will have many different conditions
attached to it, usually put into place by the
parole board and approved by the trial court
that initially imposed the sentence. Prisoners
must be told what all of the conditions of their
release will be before being placed on parole.
If they do not like the conditions, and do not
want to abide by them, they are free to reject
the offer of parole.
How
long does parole last?
In most
cases, the length of parole depends upon the
crime that was committed and the behavior of the
criminal. Typically, parole will not last longer
than five years. However, parole can last for
the rest of the prisoner's life.
What
type of conditions might be imposed on parole?
The
conditions of parole that may be imposed are
controlled by state law and also by the
circumstances of the particular case. A parolee
might be required to remain in a specific
geographical area, or he or she might be
required to obtain a job, receive treatment, or
submit to counseling or periodic drug testing.
Parolees are, almost without exception,
prohibited from owning firearms. In all cases, a
parolee will be required to meet with a parole
officer. Usually, these meetings will be on a
pre-determined schedule. In some cases, parolees
might have to meet their parole officer once a
week. In other situations, they may only have to
meet with them once a month. The frequency of
meetings with a parole officer depends upon the
type of crime that was committed and the risk
the parolee poses to the general health and
safety of the community.
What
happens if the conditions of parole are
violated?
If the
terms of parole are broken, the punishments may
vary. A parolee who is late to a meeting with
his or her parole officer, for example, may be
given a verbal warning. If a more serious
violation occurs, such as where the parolee
fails a drug test, he or she may be sent back to
prison. If a parolee commits a new crime while
on parole, he or she may be sent back to prison
and may also face trial (and a new sentence) for
the new crime.
How is
a prisoner's parole revoked?
Just as
the process of granting parole varies from state
to state, the process of revoking parole is also
controlled by the laws of the particular state
in question. Usually, parolees are entitled to a
hearing to determine whether they have the right
to remain on parole or whether they should be
sent back to prison. If the parolee does not
like the outcome of the hearing, he or she is
generally entitled to appeal the determination.
Disclaimer
This
publication and the information included in it
are not intended to serve as a substitute for
consultation with an attorney. Specific legal
issues, concerns and conditions always require
the advice of appropriate legal professionals.
