What is parole?
Parole is the conditional release of a person from prison before their full sentence has been served. The person serves the rest of the sentence in the community under supervision, and must follow set conditions. If they violate those conditions, parole can be revoked and they can be sent back to prison. Parole is a decision of a parole board or similar authority, not a new court trial.
- Decided by
- State parole boards (or similar releasing authorities)
- After release
- Supervision by a parole officer and conditions of release
- Key case
- Morrissey v. Brewer, 408 U.S. 471 (1972)
- Federal system
- Parole abolished by the Sentencing Reform Act of 1984; replaced by supervised release
How parole works in the US
Parole systems differ from state to state. In states with discretionary parole, a parole board reviews eligible prisoners and decides whether to release them, considering the offense, behavior in prison, program participation, risk of reoffending, victim input and release plans. Many states instead use mandatory release rules, under which people leave after serving a set portion of their sentence. At the federal level, the Sentencing Reform Act of 1984 abolished parole for offenses committed on or after November 1, 1987, replacing it with supervised release that is imposed by the judge at sentencing.
Conditions of parole
Parole is not the end of a sentence; it is the sentence continuing outside prison walls. A parolee typically has to report to an officer, keep a job or stay in school, live at an approved address and avoid drugs, weapons and contact with certain people.
Common conditions include regular check-ins, drug testing, curfews, travel limits, employment requirements and no new crimes. Special conditions may include treatment programs or electronic monitoring.
Revocation and due process
In Morrissey v. Brewer (1972), the US Supreme Court held that revoking parole requires due process: a preliminary hearing to find probable cause and a final revocation hearing before a neutral body, with notice of the alleged violations and a chance to present evidence. Violations can be technical (such as a missed appointment) or a new offense.
Parole vs. probation
| Feature | Parole | Probation |
|---|---|---|
| When | After serving part of a prison sentence | Instead of (or alongside a short) incarceration |
| Decided by | Parole board or releasing authority | Sentencing judge |
| If violated | Return to prison to serve the remaining term | Court may impose the original or a new sentence |
Parole around the world
In South Korea, prisoners become eligible after serving one-third of a fixed term or 20 years of a life sentence, and release is granted by the Minister of Justice after review by a parole board. Japan’s Penal Code allows release after one-third of a fixed term or 10 years of a life sentence, decided by regional parole boards. In China, courts decide parole after at least half of a fixed term or 13 years of a life sentence, and recidivists and certain serious violent offenders are excluded.
Frequently asked questions
- What does parole mean?
- Parole is the supervised, conditional release of a prisoner before the end of their sentence.
- What is the difference between parole and probation?
- Parole follows time in prison and is granted by a parole board; probation is a sentence served in the community instead of prison and is ordered by a judge.
- What happens if you violate parole?
- After a revocation hearing, parole can be revoked and the person may be returned to prison to serve the remainder of the sentence.
References
- 「형법」 제72조(가석방의 요건), 제73조의2(가석방의 기간 및 보호관찰), 제74조(가석방의 실효). 국가법령정보센터(law.go.kr).
- 「형의 집행 및 수용자의 처우에 관한 법률」 제119조~제122조(가석방심사위원회). 국가법령정보센터(law.go.kr).
- Morrissey v. Brewer, 408 U.S. 471 (1972).
- 刑法（明治40年法律第45号）第28条（仮釈放）. e-Gov法令検索.
- 《中华人民共和国刑法》第八十一条（假释的适用条件）、第八十五条（假释考验期满的处理）.