Parole

/pəˈroʊl/

ProcedureLegal Rule: 18 U.S.C. § 4201 et seq. (repealed for post-1987 federal offenses); Morrissey v. Brewer, 408 U.S. 471 (1972)

Etymology & Origins: From French 'parole' meaning 'word' or 'spoken word,' from Latin 'parabola' (speech). Refers to a prisoner's 'word of honor' to abide by conditions of early release.

Definition

Parole is the supervised release of a prisoner before the completion of their maximum sentence, granted by a parole board based on factors including institutional behavior, rehabilitation progress, and risk to public safety. While the federal system abolished parole for offenses committed after November 1, 1987 (replacing it with supervised release), parole remains active in many state systems. Parole differs from probation in that parole follows a period of incarceration.

In the Courtroom

Parole hearings are conducted by a parole board rather than a trial court, but parole revocation proceedings carry due process protections established in Morrissey v. Brewer. A parolee facing revocation is entitled to written notice of the alleged violations, disclosure of evidence, the opportunity to be heard and present witnesses, a neutral hearing body, and a written statement of reasons for any revocation. The standard of proof for revocation is typically preponderance of the evidence. If revoked, the parolee returns to custody to serve the remainder of the original sentence.

Examples

Judge: "Mr. Davis, you are alleged to have violated the conditions of your parole by failing to report to your parole officer and testing positive for a controlled substance. How do you respond to these allegations?"

Defense Attorney: "Your Honor, my client acknowledges the missed appointment but has documentation showing he was hospitalized on that date. As for the substance test, we request confirmation testing."

Parole Board Member: "Based on your institutional record, completion of vocational training, and the support system you have described, the board votes to grant parole effective in sixty days with standard conditions of supervision."

Common Mistakes

Students frequently confuse parole with probation. Parole is granted after serving a portion of a prison sentence, while probation is an alternative to incarceration imposed at sentencing. Additionally, many students are unaware that federal parole was abolished in 1987 and replaced by the supervised release system.

Landmark Cases

Morrissey v. Brewer(1972)

Morrissey v. Brewer, 408 U.S. 471 (1972)

Held that parolees possess a liberty interest and are entitled to due process before revocation, including notice, evidence disclosure, a hearing, and written reasons.

Greenholtz v. Inmates of Nebraska(1979)

Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979)

Held that there is no inherent constitutional right to parole, but state statutes with mandatory language may establish a protected liberty interest.

Samson v. California(2006)

Samson v. California, 547 U.S. 843 (2006)

Held that the Fourth Amendment does not prohibit suspicionless searches of parolees given their severely diminished privacy expectations.

Parole vs Supervised Release

Parole	Supervised Release
Discretionary early release from prison	Mandatory post-imprisonment supervision term
Granted by a parole board based on rehabilitation	Imposed by the sentencing judge as part of the original sentence
Serves the remainder of the original prison term in the community	Begins only after the full prison term has been served
Abolished in the federal system for post-1987 offenses	Used in all federal sentences involving imprisonment
Revocation returns parolee to serve remaining sentence	Revocation can result in additional imprisonment up to statutory limits

Frequently Asked Questions

How does a parole board decide whether to grant parole?

Parole boards evaluate factors including offense severity, institutional behavior, participation in programs, remorse, risk assessment, victim input, and release plan adequacy. There is generally no constitutional right to parole absent a state-created liberty interest.

What happens during a parole revocation hearing?

Under Morrissey v. Brewer, a parolee is entitled to a two-step process: a preliminary hearing for probable cause, followed by a final revocation hearing with the right to appear, present witnesses, and confront adverse witnesses.

What is the difference between parole and supervised release?

Parole is discretionary early release granted by a parole board. Supervised release begins after the full prison sentence is served. Supervised release was created by the Sentencing Reform Act of 1984 to replace parole in the federal system.

Related Terms

Probation

Procedure

Probation is a sentence imposed by the court that allows a convicted defendant to remain in the comm...

Sentencing