hunt
Part 1:
The Difference Between Probation and Parole
and Their "Conditions"People convicted of a crime and placed on probation serve their sentence in the community under the supervision of a probation officer and must adhere to specific conditions. A sentence to probation is usually accompanied by a "suspended sentence" to imprisonment. As long as probationers adhere to the conditions of their probation, they remain free in the community.
If a probationer violates the conditions, however, his or her probation can be revoked (terminated) and the offender may be sent to prison to finish the term of the original sentence. For example, someone given a sentence of five years probation also receives a suspended five year sentence to prison. If, on the last day of the second year of probation the probationer's probation status is revoked (terminated), he or she will be sent to prison for the remaining three years in order to complete the original sentence.
Parole, on the other hand, is a conditional early release from prison which, like probation, is served in the community, under supervision, and is subject to specific conditions. How early prisoners are released depends, in part, on how well they behave while in prison. The amount of time taken off the end of their original prison sentence is called "good time." For every day an inmate behaves properly in prison, good time may be awarded.
The grounds upon which an inmate accumulates "good time" varies from state to state. It is not uncommon for two or three days to be taken off the end of an inmate's sentence for every day of good behavior while in prison. For example, an inmate with a three year prison term may be released on parole after having been in prison for one year (that's two days of good time for every one day of good behavior while in prison). Parole, like probation, can also be revoked if the conditions are violated. Parolees who violate the conditions of their parole may be sent back to prison to complete their sentence.
The following are typical conditions under which probationers and parolees must live if they hope to remain in the community. They must:
report to the probation/parole officer by phone, in writing, or in person;
abstain from the use and possession of intoxicants or illicit drugs;
remain in the county or state and not leaving without permission;
abstain from communication with persons on parole or inmates of penal institutions;
refrain from association with persons who have criminal record or who are involved in criminal activity;
permit visits by the probation/parole officer into their home, place of employment, or elsewhere;
noticing the probation/parole officer of a change in residence, marital status, or employment;
carry out all instructions provided by his or her probation/parole officer;
not possess or own a firearm;
submit to a urinalysis, curfew, or treatment as prescribed by the probation/parole officer;
work regularly at a lawful occupation and support dependents without public assistance as long as possible;
refrain from violating the law and report to the probation/parole, within a specified period of time;
pay a specified amount of money monthly for the term of the probationer's probation to defray the costs of his or her supervision; and
comply with all other conditions of his or her probation/parole as established by the court and the probation/parole officer. In addition to these standard condition, gang members on probation or parole may also be required to:
|
As has already been mentioned, probationers and parolees who violate one or more of the conditions may have their status revoked and sent to prison to complete the remainder of their original sentence.
Additional Resources: You can review gang-related legislation intended for use by probation and parole officers.
The Municipal Court of Bowling Green (OH) has posted their conditions of probation as has Clackamas County (Oregon).
The State of Ohio's Parole Board has an informative site on the Web. The State of Connecticut has posted their Conditions of Parole on the Web.
The state of Delaware's Parole Board has a brief description of the factors they consider before recommending parole.
You can visit the Web site of FreeAdvice.com for answers to several questions about probation and parole. (Please excuse all the advertisements.)
© 2002
Michael K. Carlie
All rights reserved. No part of this book may be
reproduced or transmitted in any form or by any means without permission in
writing from the author and copyright holder - Michael K. Carlie.