Parole is the early release from prison, before the prisoner has served the entire sentence. Parolees remain under supervision for the balance of their sentence, and they must typically comply with a set of behaviors called “conditions of parole.” Prisoners are not entitled to parole—rather, parole boards consider a number of factors when deciding whether to grant parole.
This article will review the steps in the parole process from parole eligibility to parole release, supervision, and revocation.
Do All States Have Parole?
The majority of states use parole as their primary mechanism for early release from prison. Some states have done away with their parole systems and implemented determinate (or fixed-term) sentencing systems that don't rely on discretionary release. In states that have abolished parole, most still maintain a limited parole system for inmates who are serving life sentences or were sentenced under the state's prior parole system.
When Is an Inmate Eligible for Parole?
In states that use parole, a judge typically hands down a prison sentence that may include a minimum or maximum sentence or both. The maximum sentence represents the longest time a defendant can remain in prison or under correctional supervision, including parole. While judges don't make parole release decisions, their imposed sentence will be used in parole eligibility decisions.
Parole eligibility date. Upon entering prison, an inmate may receive a parole eligibility date—which will be the first date the inmate can apply for parole. Assuming good behavior, most inmates can apply for and be granted parole after serving 25 to 75% of their sentence. An inmate's parole eligibility date will depend on their sentence, state law, prison rules, and their behavior in prison. Many states' laws allow inmates to shave time off their maximum sentence for "good conduct," which can move up an inmate's parole eligibility date.
Example. Say a defendant receives a 20-year prison sentence for aggravated assault. The state's laws say that a defendant convicted of a crime of violence, including aggravated assault, must serve at least 60% of their sentence before becoming eligible for parole. This defendant/now inmate will need to serve at least 12 years and then can apply to the parole board for early release. If the inmate racks up a long list of disciplinary violations during the 12 years, the parole eligibility date might be pushed out further. Assuming the inmate is eventually released on parole, the state's corrections agency will typically supervise that person in the community until the original 20-year sentence term expires.
Who Grants Parole?
A group of correctional officials (not judges) considers state prisoners’ requests for parole. Known as a “parole board,” these officials meet regularly to hear batches of requests. When the board denies parole, the prisoner may, in some cases, be able to appeal the denial to a board of appeals or to a court. Some prisoners may also be able to appeal to the governor to override the denial: In California, prisoners serving life sentences, who have completed the required minimum (often 25 years) but have been denied parole after that, may appeal to the governor to reverse the board’s decision.
What Do Parole Boards Consider When Deciding Parole Applications?
Every state parole board must consider a prescribed set of factors when considering a prisoner’s request. Typically, these factors are found in state law or board rules.
Common among them are:
- How serious was the underlying offense, and did the sentencing judge make any parole recommendations?
- Has the prisoner followed prison rules and regulations while incarcerated?
- Have any victims expressed strong concerns regarding parole? and
- What are the chances that the prisoner will be able to successfully reintegrate into society?
What Are Parole Conditions?
Before being released from prison, a soon-to-be parolee must usually have a parole plan (including a place to live) and agree to abide by a list of parole conditions.
Most parolees will meet periodically with their parole agent to ensure that they are following their parole conditions. Common parole conditions include:
- Obey all laws. Breaking a law, even if not convicted for it, can form the basis for parole revocation.
- Report one’s location. Often, parolees must call in or wear electronic or GPS tracking devices.
- Obtain permission to travel. Travel restrictions apply to international travel and may also pertain to interstate travel.
- Submit to random searches of their person and home. These searches need not be supported by probable cause, as is true in most situations.
- Refrain from alcohol and drug use (and sale).
- Avoid certain people, such as victims, gang members, witnesses, and co-defendants.
- Pay court-ordered fines and restitution (money paid to victims to compensate them for their losses).
- Attend court-ordered counseling or treatment programs, including anger-management courses.
Failure to meet with a parole officer or violating any of the conditions can result in parole revocation, which means the parolee goes back to prison.
How Long Does Parole Last?
The length of parole generally depends on the inmate's underlying sentence. Usually, parole ends when the parolee's underlying sentence ends. So, if a parolee is released in year 15 of a 20-year sentence, the parolee will be supervised for five years and parole ends with the sentence at year 20. Some states allow parolees to shave time off their maximum sentence while on parole, allowing early release from parole supervision and their sentence.
However, if a parolee violates a condition of parole, they will go to a revocation hearing and parole might be done then and there. Whether the inmate can re-apply for parole (and if so, when) will depend on the states' laws and, often, the reason for the first revocation.
Neither parole supervision nor time spent in prison can go beyond the prisoner's maximum sentence.