Part 1:

The Difference Between Probation and Parole

and Their "Conditions"

People convicted of a crime and placed on probation serve their sentence in the
community under the supervision of a probation officer and must adhere to specific
conditions. A sentence to probation is usually accompanied by a "suspended
sentence" to imprisonment. As long as probationers adhere to the conditions of
their probation, they remain free in the community.

If a probationer violates the conditions, however, his or her probation can be

revoked (terminated) and the offender may be sent to prison to finish the term of
the original sentence. For example, someone given a sentence of five years
probation also receives a suspended five year sentence to prison. If, on the last
day of the second year of probation the probationer's probation status is revoked
(terminated), he or she will be sent to prison for the remaining three years in
order to complete the original sentence.

Parole, on the other hand, is a conditional early release from prison which, like
probation, is served in the community, under supervision, and is subject to
specific conditions. How early prisoners are released depends, in part, on how
well they behave while in prison. The amount of time taken off the end of their
original prison sentence is called "good time." For every day an inmate behaves
properly in prison, good time may be awarded.

The grounds upon which an inmate accumulates "good time" varies from state to
state. It is not uncommon for two or three days to be taken off the end of an
inmate's sentence for every day of good behavior while in prison. For example, an
inmate with a three year prison term may be released on parole after having been
in prison for one year (that's two days of good time for every one day of good
behavior while in prison). Parole, like probation, can also be revoked if the
conditions are violated. Parolees who violate the conditions of their parole may
be sent back to prison to complete their sentence.

The following are typical conditions under which probationers and parolees must
live if they hope to remain in the community. They must:
report to the probation/parole officer by phone, in writing, or in person;

abstain from the use and possession of intoxicants or illicit drugs;

remain in the county or state and not leaving without permission;

abstain from communication with persons on parole or inmates of penal

institutions;

refrain from association with persons who have criminal record or who are
involved in criminal activity;

permit visits by the probation/parole officer into their home, place of

employment, or elsewhere;

noticing the probation/parole officer of a change in residence, marital

status, or employment;

carry out all instructions provided by his or her probation/parole officer;

not possess or own a firearm;

 submit to a urinalysis, curfew, or treatment as prescribed by the
probation/parole officer;

work regularly at a lawful occupation and support dependents without public

assistance as long as possible;

refrain from violating the law and report to the probation/parole, within a
specified period of time;

pay a specified amount of money monthly for the term of the probationer's
probation to defray the costs of his or her supervision; and

comply with all other conditions of his or her probation/parole as

established by the court and the probation/parole officer.

In addition to these standard condition, gang members on probation or parole may

also be required to:
avoid contact with certain named persons (other gang members),

stay away from specific places (gang hang outs), and

refrain from throwing signs, putting up graffiti, or wearing clothes or

accessories which symbolize gang membership.

They may even be required to have certain gang-related tattoos removed or

camouflaged.

As has already been mentioned, probationers and parolees who violate one or more
of the conditions may have their status revoked and sent to prison to complete the
remainder of their original sentence.

Part 2:
The Goals of Probation and Parole

The goals of probation include:

allowing the offender to remain in the community in order to maintain his or

her family contacts and employment while being supervised by a probation officer,

providing the offender with guidance from the probation officer and access
to community-based treatment programs,

helping an offender become a law abiding member of the community,

being able to maintain employment and pay restitution to the victims of

their crime (if so ordered by the court),

protecting the interests and safety of the public by providing supervision

and treatment to those who do not need to be isolated from the community, and

offering these services at a cost considerably lower than incarceration.

According to the U.S. Bureau of Prisons, as of August 11, 1999, "The fee
to cover the average cost of incarceration for Federal inmates is $21,926." (U.S.
Bureau of Prisons, 1999) For fiscal year 1999-2000, the fee in Florida was
$18,272 (Florida Department of Corrections) and, in 2000, the fee was $25,607 for
the state of California. (California Department of Corrections) Fees include the
cost to feed, clothe, house, educate, and provide other services (i.e., medical,
religious, psychological, recreational) for an inmate for one year in addition to
expenses incurred for maintaining the prison facility and its personnel.

In comparison, the Florida Department of Corrections reported an annual

cost of only $1,149.05 per probationer or parolee for services provided during the
period of 1998-1999. (Florida Department of Corrections) In California, for the
year 2000, that figure was $2,636. (California Department of Corrections) The
cost of probation and parole are much less than the cost of incarceration, and
there are some convicted persons who are better served - as is the public - when
placed on probation or parole.

The goals of parole include:

serving as a reward for inmates who exhibit good behavior while in prison;

contributing to a less violent environment within the walls of the prison by

providing an incentive to behave well, thus making it safer for inmates, visitors,
staff, and administrators;

providing parolees with supervision in the community and access to

community-based treatment programs while serving out the remainder of their prison
sentence;

helping an offender become a law abiding member of the community;

protecting the interests and safety of the public by incarcerating the

offender and then providing community-based treatment to those who no longer need
to be isolated from the community; and

providing correctional services at a cost less than the cost of

incarceration.

There are other benefits which may be attributed to the use of probation
or parole, but the ones listed above serve our purposes here.

A lesser penalty for violating conditions of probation and parole may

involve an increase in the level of supervision under which the probationer or
parolee must live. That's our next topic.