Parole and probation are both forms of community supervision. Probation as supervision is a specific part of the defendant’s sentence as ordered by the judge. Parole is supervision imposed as a condition related to the defendant’s incarceratory sentence so it will not be specifically imposed by the judge. Offenders on parole or probation reside in the community but are supervised by a parole officer or probation officer who imposes rules and restrictions on their liberty and monitors compliance with any specific conditions imposed by the court. Failure to abide by the supervision guidelines can result in the offender going back to jail or prison. Typically, this supervision requires periodic meetings or check-ins with the Department of Parole or Probation.

The rules and restrictions that a parolee or probationer must follow are dependent on the individual’s case. Common rules and restrictions that a person on parole or probation may have to comply with:

• maintain gainful employment
• attend a treatment program (in-patient or out-patient)
• refrain from residing with other felons
• obey protection/restraining orders.

While parole and probation look similar in their supervision, the distinct difference is:

Parole: Community supervision when an offender is released from prison prior to the maximum expiration of their sentence. For example, an offender sentenced to a term of 20 years to life in prison who is released after 25 years will remain on parole for the remainder of their life.

Probation: Community supervision imposed separately from any incarceration and is for a defined period of time. For example, an offender may be sentenced to a term of five years probation. Probation can sometimes be imposed in addition to incarceration. For example, an offender may be sentenced to six months incarceration with five years of probation to follow. Whether probation is a permissible sentence depends on the sentencing parameters for the particular offense of which the defendant is convicted.