There are two types of parole in California, discretionary and mandatory. Discretionary parole applies to a person who has served a portion of their sentence and is released early to complete their sentence on parole. California is also a “mandatory parole” state, meaning that nearly every person who receives a prison sentence will serve a period of parole after their release from jail or prison.
A person is considered “out on parole” when they have served part of their sentence in prison and they are released to serve the remainder of their sentence “under the supervision of their community,” according to Justice.gov.
A person is eligible for discretionary parole if they
- have served their portion of prison or jail time while “substantially observing the rules of the facility.”
- the early release doesn’t minimize the seriousness of the offense or promote disrespect for the law.
- the person being paroled is not considered a threat to public welfare.
Discretionary parole is intended to help a person who has been in jail or prison to “bridge the gap” between incarceration and reintegrating into normal, everyday life. A parole officer is supposed to assist a person who is out on parole to find a job and somewhere to live and help them get their financial life back on track. This assistance is provided as a way to help the person who is out on parole to avoid situations that would lead to re-offending.
At the end of every prison sentence in California, a defendant is required to complete a period of parole as a part of the sentence. In California, the conditions that make a person eligible for parole and define what happens when a defendant violates parole are spelled out in PC 3056. The consequences of violating probation are outlined there, as well.
What is Parole?
In California, the conditions that make a person eligible for parole and define what happens when a defendant violates parole are spelled out in PC 3056., as well as the consequences of violating parole. In California, there are two types of parole, Discretionary Parole and Mandatory Parole.
Discretionary parole is when a defendant has served the majority of their time behind bars (after a criminal conviction), they are sometimes released from prison or jail before their sentence is completely up, but with certain conditions. Mandatory parole is an additional amount of parole AFTER the defendant has served their sentence, to supervise their re-entry into society.
During this period of “community supervision” the defendant will be required to report regularly to a parole officer. The parole officer is responsible for ensuring that the defendant meets the terms of their parole and assists them in getting reestablished into society. The parole officer may offer assistance such as finding a job, a place to live and helping the defendant establish normal finances.
The condition of parole carries with it certain conditions that must be met or the defendant will be considered in “violation of probation” and returned to jail or prison to finish their sentence and perhaps face additional consequences for having violated their probation.
What Happens If I Violate Parole?
In addition to being required to finish the original sentence, a judge may adjust the sentence based on a parole violation. The consequences of violating probation are outlined in PC 1203.3 and include
- A return to jail to finish the original sentence.
- A revocation of the original sentence and a more substantial sentence imposed (up to the maximum sentence allowed under the law.)
- A return to probation may be allowed, but the term extended.
- Court-ordered counseling may be added to the terms of probation.
- Additional terms may be added to the terms of probation.
- Community service may be added to the terms of probation.
- The defendant may be required to enroll in a substance abuse or rehabilitation program.
Being found in violation of parole can result in a return to jail, an increased sentence, an increased probationary period, or additional conditions being added to the probation terms. Before any of these consequences are enacted, however, a defendant will most likely be returned to jail or prison to await a hearing for the probation violation.
Common Parole Conditions in California
California is a “mandatory parole state,” meaning that in most cases, a defendant who has completed their state prison time for a conviction will be on parole for some time after their release. A person who is out on parole is subject to fairly restrictive conditions and diminished rights while on parole.
Parole conditions in California are fairly restrictive and include
- The paroled person is considered to have given their consent to search by a police officer at any time, without cause, and without a warrant.
- The paroled person must agree to live within specific geographical areas.
- The parolee agrees not to violate any laws (no matter how small) while out on parole.
- The parole officer must be kept aware of where the parolee works and lives at all times.
- Certain felony convictions require parolees to register with local authorities.
- Some parolees are prohibited from working in some industries.
Violation of the conditions of your parole may result in a return to incarceration and could result in additional prison time being added to the original sentence.
If you or someone you love has been arrested for a parole violation, contact Mr. Nice Guy Bail Bonds for parole violation bail bonds. Mr. Nice Guy Bail Bonds has locations all over Southern California and can have an experienced, professional bail bond agent by your side in no time.
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Will I go to jail for parole violation?
An arrest for a parole violation will likely result in immediate incarceration to await a parole violation hearing. You may be eligible for bail, however, so that you can continue to work and rebuild family relationships while you wait for your parole violation hearing.
If you or someone you care about has been arrested for a parole violation, give Mr. Nice Guy a call at (844) 400-2245 for assistance with parole violation bail bonds.
Is parole different from being out on bail?
There is a very big difference between being out on bail and out on parole.
A person who is out on bail has not yet been convicted of the charges for which they are on bail.
A person who is out on parole has been convicted of a crime and served a portion of their prison sentence. They have been released from prison “on parole” to serve the remainder of their sentence “under the supervision of the community.” This means that if the parolee fails to keep the conditions of their parole, they are still subject to the full (and perhaps increased) jail time associated with their conviction.
Is parole different from probation?
Parole and probation are both alternatives to incarceration. However, probation is generally a way to serve a suspended jail sentence, meaning that the person on probation never serves jail time. Whereas probation is a period of “community supervision” that occurs at the end of a prison or jail sentence and allows the parolee to serve the remainder of their sentence outside of prison or jail.
Both parole and probation carry serious and restrictive conditions that must be met for the defendant to remain un-incarcerated. Both conditions require that the defendant maintain contact with a parole or probation officer who is to be aware of where the defendant lives, works, and travels.
What’s the difference between probation and parole?
While both probation and parole serve as alternatives to incarceration, probation is a when a person serves their sentence entirely outside of prison or jail, while parole is a condition of release that happens at the end of a prison or jail sentence.
In other words, probation is imposed in place of a jail sentence, while parole takes place after having served all or part of a jail sentence. Both parole and probation carry serious and restrictive conditions that must be met for the defendant to remain un-incarcerated. Both conditions require that the defendant maintain contact with a parole or probation officer who is to be aware of where the defendant lives, works, and travels.
What is a parole violation?
The failure to comply with any one of the many conditions of parole is to violate parole. The terms of parole may include a variety of conditions, including consenting to a search at any time by a law enforcement officer, agreeing to live within specific geographical parameters, maintaining regular contact with local law enforcement, agreeing to not be around guns or other designated weapons, associating with known gang members, and sometimes restrictions about contacting certain people or having access to the internet. In addition to these conditions, parolees must be very careful not to violate any other laws, no matter how insignificant they might seem.
Parole violations would be charged if the parolee fails to abide by any of the terms of his or her specific parole agreement. If a parolee is found in violation of the terms of their parole, they will be taken to jail to await a parole violation hearing.
At a parole violation hearing, the judge may remand the parolee back to the prison system to serve the remainder or additional time behind bars. The judge may also opt to give the parolee a second chance and simply tighten the conditions of the parole.
If you or someone you care about is behind bars for a parole violation, call Mr. Nice Guy Bail Bonds for assistance with parole violation bail bonds at (844) 400-2245.
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