SOME
STATES ALLOW FOR UNSUPERVISED PROBATION. WHO IS ELIGIBLE?
The conditions of probation, including the supervision level in the
community, are based generally on standards and guidelines connected
to the nature and severity of the offense. A few states allow
unsupervised probation. Typically, it applies to misdemeanor
infractions and offenders whose class of offense, prior record or
conviction level authorize community punishment as a sentence. The
courts may sentence such offenders to a maximum of a certain number of
years of unsupervised probation. Any reduction, termination,
continuation, or revocation rests with the sentencing judge, not a
probation officer.
WHO IS
ELIGIBLE FOR PAROLE?
Parole is NOT a right, but a privilege, and as such the question of
whether to grant a prisoner parole or withhold it is up to the
discretion of the parole board. Typically the parole eligibility dates
are determined by statute, although in some states they can be
modified at the discretion of the sentencing judge.
Although the laws vary from state to state, their basic approach is
the same. Once a person is convicted of a crime, he is sentenced to a
prison term. There are two types of prison terms: indeterminate and
determinate. An indeterminate sentence fixes wide-ranging minimum and
maximum lengths of time; determinate terms are fixed terms of
imprisonment (e.g., 5 years for armed robbery).
If an offender receives a minimum and maximum sentence, once the
offender serves the minimum sentence (or serves a specified percentage
under some state’s statutes), they may become eligible for a parole
consideration hearing. If an offender serves the fixed period of
imprisonment imposed by the court, they may be released without
further supervision or automatically placed on parole, again depending
on the nature and severity of their offense and their potential for
re-imprisonment.
WHAT IS
THE DIFFERENCE BETWEEN PROBATION, PAROLE, AND PARDON?
Probation is a sentence ordered by a judge, usually instead of, but
sometimes in addition to, serving time in jail. It allows the
convicted person to live in the community for a specified period of
time, sometimes under the supervision of a probation officer,
depending on the circumstances and the seriousness of the crime.
Parole is the conditional release of a prison inmate after serving
part (if not all) of his or her sentence, allowing the inmate to live
in the community under supervision of the parole period. The decision
to grant parole is the responsibility, in a majority of states, of a
board of parole or commission. Violation of the conditions of parole
result in revocation and re-imprisonment.
Pardon means that the individual is fully forgiven from all the legal
consequences of his crime and his conviction.
WHAT
HAPPENS IF I VIOLATE MY PROBATION OR PAROLE?
There are a number of options, ranging from a verbal warning to going
back to prison to serve the balance of your sentence (or, if on
probation, to sample prison life). For example, let’s suppose you
receive a one-year suspended sentence, are placed on probation for
three years, and, as a condition of probation, told not to drive a
car. If you are caught driving a car during the 3-year period, you
would more than likely be required to serve jail time.
Sometimes, there are other possible sanctions, such as increasing the
level of supervision, placement in an intensive day program, or
placement in an electronically monitored home confinement program. If
you are seen as a threat to public safety or have committed additional
crimes, you will see the walls of prison again in addition to being
tried for any new crimes.
WHAT
ARE HOUSE ARREST AND ELECTRONIC MONITORING?
House arrest (with or without electronic monitoring) allows a person
who is sentenced to a jail term to spend the time at his home as an
alternative to being physically confined to jail.
Home confinement is monitored using an electronic sensor strapped to
an offender’s ankle and linked by telephone lines to a central
computer which emits a continuous signal. If this signal is
interrupted by the offender going beyond the authorized radius of the
receiver, the host computer records the date and time of the
signal’s disappearance. The computer will also record the date and
time the signal resumes. If a signal interruption occurs during a
period when the parolee should be at home, the violation is checked by
the parole officer and the offender could be subject to arrest.
CAN MY
HOME BE SEARCHED WITHOUT A WARRANT WHILE ON PAROLE OR PROBATION?
Yes. Home searches for all persons on probation or parole, with some
exceptions, can be done at any time without a warrant by the
appropriate state agency. During the course of a search, any items
found that are a violation of probation or parole, such as drugs or
weapons, can be seized and used as evidence. Additionally, you will be
facing additional criminal charges.
WHAT
ARE TYPICAL EXAMPLES OF PROBATION CONDITIONS?
There are an array of sanctions as alternatives to jail sentences that
are typically given to someone who receives a probationary sentence.
Sometimes a judge will order only one sanction (e.g., pay money to the
victim(s) of the crime) or combine it in conjunction with other
sanctions. For example, restitution is often coupled with community
service restitution where the probationer pays back the community with
work. Other sanctions can include:
fines and penalties: used in misdemeanors and lesser crimes. Fines
based on the offender’s ability to pay (called "day fine")
can be imposed;
restitution to the victim of the crime;
community service: labor done in the community for a public agency or
nonprofit (e.g., nursing home, schools, hospitals) for the harm
caused. Typically used for minor offenses;
a suspended jail sentence;
attendance at a drug treatment program;
consenting to be searched at random.
HOW
MUCH TIME WILL I BE ON PROBATION OR PAROLE?
Each state differs. Ordinarily, the amount of time spent on parole or
probation depends on the crime and your behavior. For probation,
generally, the longest period is five years. Most parolees serve from
one to five years on parole, three being the average. But parole can
last for the rest of your life if, for example, you are paroled for
murder or were given a life sentence.
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