What Is Parole?
Early release from prison under supervision. A parolee serves the rest of their sentence in the community under conditions set by a parole board. Violating those conditions can mean going back to prison.
Quick Answer
Early release from prison under supervision. A parolee serves the rest of their sentence in the community under conditions set by a parole board. Violating those conditions can mean going back to prison.
Full Explanation
Parole is a form of supervised release that allows a prisoner to serve the remainder of their sentence in the community rather than in prison, subject to conditions set by a parole board. Parole is not a pardon — the person is still serving their sentence; they are just doing it outside prison walls.
Discretionary parole is granted by a parole board based on factors including the nature of the offense, the prisoner's behavior while incarcerated, rehabilitation efforts, and risk assessments. The board can deny parole if it believes the person is not ready for release or poses a risk to public safety.
Parole conditions typically include: regular meetings with a parole officer, remaining in the jurisdiction, maintaining employment or school enrollment, not associating with known criminals, submitting to searches, not possessing firearms, and abstaining from drugs. Violating any condition can result in revocation — being sent back to prison to serve out the remaining sentence.
In Morrissey v. Brewer (1972), the Supreme Court held that parolees have a liberty interest in remaining free, so due process requires certain protections before parole can be revoked — specifically, written notice of the claimed violations and a hearing.
Parole is different from probation: probation is an alternative to imprisonment (often for less serious offenses), while parole is early release from prison after serving part of a sentence. Some jurisdictions have moved toward 'supervised release' systems that function similarly to parole but are set by the sentencing judge rather than a parole board.
Real-World Example
A person convicted of burglary and sentenced to five years in prison becomes eligible for parole after serving three years. The parole board reviews their record, finds they have participated in rehabilitation programs and have a job lined up, and grants parole. They are released but must check in weekly with a parole officer, not leave the state, and not possess firearms. After a year, they test positive for drugs — their parole is revoked, and they are returned to prison to serve the remaining two years.
Why It Matters for Law Students
Parole is a major part of the criminal justice system and touches on questions of sentencing, constitutional rights, and rehabilitation. Understanding the distinction between parole and probation, the constitutional protections at parole revocation hearings, and the policy debates around parole reform is important for any criminal law course.