The terms parole and probation are used so often and sometimes interchangeably that knowing the difference between them can be confusing. Though they are both terms for criminal offender supervision, they are two different procedures and require different obligations for those in the criminal system.
What Is the Difference Between Parole and Probation in California?
The most obvious difference between probation and parole is procedure. Probation is an order from the courts that allows an offender to avoid jail time by abiding by some specific rules and procedures. A simple way to think of it is this: the courts will offer probation for an offender instead of jail time in exchange for the promise of good behavior
Parole, on the other hand, is granted to someone who has already been in prison and has served time for a criminal conviction. Offenders are monitored by a parole board and usually have a specific parole officer to check in with to ensure proper behavior and adherence to the rules of their parole. The individual is released from jail under certain conditions but can be reincarcerated if parole is violated. The length of parole would depend on the specific details of the offender’s situation.
How Does Probation Work in California?
In California, probation is the most widely used form of correctional supervision, as 154,000 residents were on probation in 2023. The state has an incarceration rate of 494 per 100,000 people.
In California and across the United States, probation serves as both rehabilitation and an avoidance of imprisonment. It is only granted to offenders of non-violent crimes, and is only for first-time offenders.
On probation, offenders don’t go to jail or prison. Instead, they stay in the community and work toward improving their situation and being a positive member of their community. Certain parameters and conditions must be adhered to in order to stay compliant with probation. If they do not meet these conditions, the offender could go to jail.
Conditions for probation depend on the severity of the crime. Community service, alcohol restrictions, and the paying of fines may all be included in probation. In California, there are two kinds of probation: informal and formal probation. Often, formal probation is given for felony charges, while informal probation is given for general misdemeanors.
Individuals must go to a hearing if they violate their probation in the state of California. Here, the courts decide the next steps. Consequences could be for the individual’s probation to be revoked. In other situations, the courts may decide to continue with the existing probation or keep them on probation with new parameters or conditions.
Main Factors of Probation:
- Probation is ordered by a judge at sentencing
- Probation replaces jail time
- Probation is supervised by a probation officer
- Individuals must submit to regular check-ins, employment requirements, drug testing, and no further legal violations
How Does Parole Work in California?
According to the Prison Policy Initiative mentioned above, approximately 259,000 individuals are on parole in the state. Most inmates granted parole have already served at least part of their sentence in jail or prison. To get paroled and thereby leave the jail or prison, inmates must first meet with a parole board. If the parole board grants them parole, then the board will create the conditions that the offender must adhere to in order to stay out of prison or jail.
Conditions for parole vary, but most include attending meetings with a parole officer, abiding by all laws, and staying gainfully employed
Parole is only granted in the state of California if it is certain that the inmate is ready to return to the community in a positive way. Offenders placed on parole are required to serve the community and abide by the rules. Failure to do so means they will be sent back to prison. Those serving a life sentence are only eligible for parole if they have served a specific portion of their sentence.
Main Factors of Parole:
- Part of a prison sentence must already have been served
- Parole is supervised by a parole officer
- Offenders must abide by rules such as staying within designated areas, avoiding contact with certain individuals, and attending counseling
How Do Courts and Parole Boards Decide Eligibility?
Many factors play a role in determining if an individual is placed on parole or probation. These can include how serious the offense was, the offender’s criminal history, behavior, and their continued risk to the community.
For Probation:
- A judge determines the risk level of the individual
- Generally granted for non-violent or first-time offenses
- May require a plea deal or specific conditions met before sentencing
For Parole:
- An individual typically serves a minimum portion of their sentence
- The parole board evaluates behavior in prison, post-release plans, and rehabilitation efforts
FAQs
Q: What Is the Difference Between Probation and Parole in California?
A: The difference between probation and parole in California is about sentencing. Probation is a sentencing option ordered instead of jail or prison, typically by a judge. The person remains in the community under supervision and must follow specific conditions (e.g., drug testing, counseling, avoiding certain people or places).
Parole is early supervised release from prison after serving part of a sentence. The parolee is still under state supervision and must comply with parole conditions or risk being returned to prison.
Q: Which Is More Strict, Probation or Parole?
A: Parole is typically more strict than probation. Parolees are considered to have committed more serious crimes (often felonies requiring prison), and the conditions of parole are typically more intensive. Violations of parole can result in a return to prison, while probation violations may offer more opportunities for intermediate sanctions or adjustments.
Q: Does Parole Override Probation?
A: No, parole does not override probation. A person cannot generally be on both at the same time for the same offense. However, it is possible (though rare) for someone to be on parole for one offense and probation for another offense. In such cases, both sets of supervision and rules must be followed simultaneously.
Hire a Probation Lawyer with the Law Offices of Schwartz & Godbey
California law can be confusing for those leaving prison and on parole, and for those navigating the complications of probation. At the Law Offices of Schwartz & Godbey, our probation attorneys can help. Our compassionate team offers knowledgeable assistance at every stage of the criminal process. Contact us today for a confidential consultation.
Recent Comments