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Probation vs. Parole

Learn the difference between two common types of supervision in the community.

Probation

What it is

Probation is a sentence a judge gives you instead of sending you to jail or prison. It allows you to stay in the community, but you must follow a set of rules and be supervised by a Probation Officer.

How it works:

  • A judge decides your sentence is probation after you have been convicted of a crime.
  • You must follow rules, like meeting with your Probation Officer, staying away from drugs and alcohol, and not getting arrested again.
  • If you break the rules, you can be sent back to court and the judge could send you to jail.
Parole

What it is

Parole is an early release from prison. If someone is serving time in prison, they might be allowed to leave early and serve the rest of their sentence in the community. While on parole, they are supervised by a Parole Officer.

How it works:

  • A special group called the Parole Board decides if an inmate can be released from prison early.
  • If released, the person must follow strict rules, like getting a job, having a curfew, and meeting with their Parole Officer.
  • If you break the rules of parole, you can be sent back to prison to finish your original sentence.
Conditions of Supervision

Whether on probation or parole, you must follow specific rules called "conditions." The goal of these conditions is to help you stay out of trouble and to keep the community safe.

Standard Conditions

These are the basic rules almost everyone on supervision must follow:

  • Do not break any laws.
  • Report to your supervising officer as directed.
  • Do not leave the state without permission.
  • Allow the officer to visit your home and place of work.
  • Answer all of your officer's questions truthfully.

Specialized Conditions

A judge or parole board can also add special conditions based on your specific situation. The rationale is to address the issues that may have led to the crime.

  • Drug/Alcohol Treatment: Rationale: To treat a substance use disorder that may be a root cause of criminal behavior.
  • Mental Health Counseling: Rationale: To address underlying mental health issues like anger, depression, or trauma.
  • Curfew: Rationale: To limit your opportunity to engage in illegal activities, especially at night.
  • Stay away from certain people or places: Rationale: To keep you away from negative influences (like co-defendants) or to protect victims.
  • Community Service: Rationale: To have you "pay back" the community in a constructive way.