Probation vs. Parole in California: Similarities and Differences

Most people know that probation and parole both have something to do with criminal justice. But what is probation? What is parole? Are probation and parole the same thing? If they’re not, what are the differences? 

This article defines probation and parole. It also details the similarities and differences between the two. Finally, it explains how a Marin County criminal defense lawyer can help you with legal issues related to probation and parole. 

What is Probation? 

Probation is a punishment that is imposed instead of a prison sentence. A probation sentence includes conditions. Failure to follow these conditions results in a probation violation. One of the consequences for a violation is revocation of probation. If this happens, jail is a possibility. 

Here’s an example: Amber is convicted of a misdemeanor. The law allows the judge to impose a jail term of up to six months. Instead, the judge sentences Amber to 12 months on probation. Later, Amber violates the conditions of her probation. At this point, the judge can allow Amber to stay on probation with the same conditions, impose new, harsher conditions on her, or revoke the probation. The judge chooses revocation. Here, because the judge could have sentenced Amber to six months in jail during the original sentencing, they can order her to spend up to six months in jail. 

What is Parole? 

Parole occurs when the state returns an incarcerated person to the community after they’ve served a specific portion of their prison sentence. 

When a person arrives in prison, the California Department of Corrections and Rehabilitation (CDCR) calculates their parole eligibility date. When that date arrives, the Board of Parole Hearings (BPH) conducts a hearing to determine whether parole should be granted. If it is, the BPH will schedule the person’s release. 

During parole, strict conditions and supervision are normal. If a parolee does not comply with the conditions imposed by the BPH, their parole officer must file a parole violation report. Then, the BPH will schedule a hearing. At the hearing, the Board can leave the parole conditions unchanged, add new conditions, or revoke parole. Revocation means that the person can be returned to jail to serve out the remainder of their sentence. 

Here’s a more specific example. Bobby becomes eligible for parole after serving seven years of a 10-year sentence. The Board grants his parole. Soon after, Bobby commits another crime. Because committing a new crime is a violation of the conditions of Bobby’s parole, if the judge revokes his parole, they can send Bobby to jail to serve the remaining time on his original 10-year sentence. 

Similarities Between Probation and Parole in California

Probation and parole share many similarities. Here are a few: 

• Conditionality. Both probation and parole allow judges to impose conditions on releases. In both systems, a failure to adhere to these conditions can lead to revocation – and jail time. 

• Limitations on travel. Travel limitations are one of the most frequent conditions imposed on parolees and probationers. Often, this means that the person must notify the responsible officer when they leave a certain area. 

• Substance testing. Both probation and parole can require people to remain substance-free. As such, nearly all parolees and many probationers must submit to regular drug and alcohol testing. 

Differences Between Probation and Parole in California

While parole and probation share many similarities, they also differ in several crucial ways. Here are some distinctions. 

• When granted. Probation is ordered during sentencing. Probation does not require a person to spend time in jail. Parole, however, cannot be granted until a person has served a certain part of a prison sentence. 

• The types of crimes. Because parole can only be granted after a person has served significant time in jail, most parolees have committed serious crimes. By contrast, probation is a common sentence for minor crimes. 

• Individualization. Both parole and probation often include conditions like drug testing and travel limitations. But because parole is a standardized program operated at the state level, there isn’t much room to deviate from these conditions. So, if the state parole rules require drug tests, they must be ordered. 

Probation allows a more individualized approach. Judges have more discretion to consider a person’s background and the facts of the case to choose relevant conditions. So, a probation judge can decide to order drug testing for a person on probation for driving under the influence but decline to do so for a defendant accused of a financial crime where intoxication played no part. 

• Surveillance. In California, every parolee must agree to submit to warrantless searches. These searches can be a condition of probation, though judges can also limit their scope. 

• How violations are handled. Probation violations are usually handled by the same judge or court that imposed the original sentence. The BHP handles parole infractions. 

• Consequences for violations. When a person violates their parole, a return to jail is a common consequence. Because parole is technically a continuation of the prison sentence, parole officers have little discretion when it comes to the punishment. 

On the other hand, probation violations don’t always lead to incarceration. Jail is certainly a possibility, but judges and probation officers have more leeway to avoid it. They have the option to offer warnings or impose additional reporting requirements instead of incarceration. 

• Early termination. Probation offers the option of early termination. Once a probationer has completed at least half of their probation term, their attorney can file a motion with the court to end it early. The motion must show that the person has fully complied with conditions such as mental health or substance abuse treatment and made steady progress at work or school. In probation, early termination is a frequent occurrence. 

In theory, parole can also be ended early. But in reality, the majority of parolees serve their entire parole term.

Get Help With Parole or Probation Issues in Marin County 

Parole and probation should both be taken seriously. The failure to comply with the conditions of either can lead to serious consequences, including jail. But a Marin County criminal defense attorney can help. An experienced attorney can protect you by: 

• Challenging unfair or harsh probation or parole conditions, 
• Filing travel requests with the appropriate agency, 
• Arguing on your behalf in parole or probation revocation hearings, 
• Requesting alternatives to revocation, and 
• Filing a motion for early termination of your probation or parole.

If you need help with probation or parole issues, Brownstein Law Group can help. Our firm is dedicated to providing each client with legal services that go the extra mile. We don’t roll over, and we won’t accept a plea deal that isn’t in your best interest. To schedule a consultation, call 415-795-9059 or use our online form.