Probation and Parole–Overview

1. Probation and Parole–Overview

2. Probation and parole are alternatives to incarceration and the two require offenders to follow certain conditions to avoid incarceration. Probation and parole differ in terms and functions although they are often confused or used interchangeably. The main difference between these two alternatives to incarceration is that probation comes earlier while parole after the accused person has spent some time in prison. Also, there are many other differences between probation and parole. That said, you should contact the best criminal lawyer in Toronto for legal counsel if you’re facing a criminal charge. Probation Explained Under probation, the offender serves their sentence in jail or prison. In other words, the accused person does not go to jail/prison. Instead, they serve their sentence out of prison or in the community. However, the court determines the terms and conditions of the probation. When a defendant is convicted and they’re sentenced to probation, it means that their sentence has been suspended as long as the defendant is still on probation. Sometimes the defendant can serve a part of their sentence in jail as a precondition for probation. In other situations, the offender is placed on probation without being convicted of a crime. This happens in certain types of crimes, particularly where the offender is required to plead guilty. In such a case, the accused person is placed on probation and the sentence is deferred (put on hold).

3. The defendant remains on probation as long as the terms of probation are met and if they complete the probation without any hitch, the criminal charge is dismissed. That said, the court may enter a guilty plea and proceed to sentence the offender if the terms of probation are violated. Types of Probation There are two types of probations– formal and informal probations. Formal probation Formal probation is also known as “supervised probation” because the offender is required to report to a probation officer regularly. This type of probation is ideal for felonies and some misdemeanour charges. Informal probation Informal probation is imposed on misdemeanour cases and it’s also called administrative, bench, or court probation. Under this type of probation, the defendant is not required to report to a probation officer. Instead, offenders report to the court regarding the terms of their probation and such reports can include information about: Proof that the defendant paid fines and fees; Completion of service hours; Attendance treatment or rehabilitation; Change of address, and others.

4. Parole Explained Parole refers to the supervised release of a convict from a correctional authority and into the community. Eligibility for parole is considered if the convict has served a significant portion of their sentence. The eligibility criteria will also depend on other factors, including: Inmate’s criminal history; Inmate’s behaviour while in prison; Recommendation of prison authorities; The seriousness of the crime committed, and more. Note: Offenders who are serving life sentences for murder are not eligible for parole. Release of Inmates Time spent on parole reduces the duration of the sentence. In other words, if you serve 5 months on parole, 5 months will be ducted from the initial sentence. When mandatory parole is imposed, the parolee is required to report to an officer who monitors their progress. The parole officer typically ensures the conditions of parole are met. Failing to observe the terms of the parole is a violation of the terms of parole and will trigger the initial sentence–incarceration. Reentry Parole is meant to help the parolee integrate into the community successfully after being in prison. That said, parole systems typically seek to rehabilitate offenders while ensuring community members are safe.

5. Typical Conditions of Parole or Probation The offender’s sentence remains active whether they’ve been placed on probation or parole. The offender is required to follow certain rules (conditions” or terms) to avoid incarceration. Although the conditions of probation and parole are similar, probation conditions are recommended by courts while parole conditions are recommended by a parole board. In both cases, the probationer is required to: Report to a probation or parole officer as required; Obey the terms of probation or parole; Pay supervision fees and fines; Indemnify the victim of their actions; Avoid alcohol and drugs; Enrol in a rehabilitation program; Complete community service work Inform the probation or parole officer when they’re travelling to a different destination; Inform officers when changingjobs or residence; Stay away from weapons, and more. Probation and parole conditions can vary with jurisdiction and the seriousness of the offence. Additional conditions apply to some offences. For instance, child molesters may be required to undergo sexual-related counselingand stay away

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