What Is Parole?

Parole (also known as conditional release) is when someone who was incarcerated after being convicted of a crime is judged eligible to be released from jail or prison earlier than the original sentence mandated. Most prisoners become eligible at some point before their incarceration term ends.

If the inmate is deemed acceptable for parole, they’re released early. However, they’re not entirely free to go. Their release will come with some form of community supervision and requirements that must be met to avoid being re-incarcerated.

Are Parole and Probation the Same Thing?

On the surface, parole and probation sound like the same thing: Someone convicted of a crime is not in prison but is expected to abide by strict requirements if they want to stay out of jail. However, in Texas, there are other differences between the two.

Parole is offered by the parole board to people already in jail. Probation is ordered by a judge or jury as sentencing for a conviction rather than sending them to jail. That means that someone offered parole has already spent time in prison (sometimes a long time), while the person given probation spends little or no time in prison.

Probation is available to people charged with misdemeanors or lower-level felonies, while parole is offered to felons already in prison.

Who May Be Eligible for Parole?

Not every prisoner will become eligible for parole. Some crimes are ineligible for parole in Texas, including people who have been sentenced to death or life in prison without the possibility of parole. Sexual crimes against minors are usually ineligible, too.

Other criminal convictions may make the person eligible for parole, but the time spent in prison may be longer than for lesser crimes.

What Is the Process for Being Granted Parole in Texas?

Parole is not automatically granted. There’s a detailed process that must be followed and handled by the Texas parole board.

  • A parole hearing is scheduled.
  • Relevant parties are notified of the hearing, including the inmate, the victim (or the victim’s family), trial officials, and any attorneys involved.
  • A parole officer will interview the inmate and present their findings to the parole board.
  • The hearing takes place. The inmate has no right to attend but can send their attorney in their place to explain why they think the inmate should be granted parole.
  • The parole board makes a decision. If parole is denied, it can either be taken up by the parole board at a later date or denied permanently.

What Factors Does the Parole Board Use When Considering Granting Parole?

Each case is unique, but there are several factors that will likely be involved.

  • The type and severity of the crime
  • The inmate’s behavior while incarcerated
  • The amount of time already served
  • Any letters either for or against the parole

What Are the Terms of Parole?

If an inmate is granted parole, it comes with multiple requirements detailed in the inmate’s release plan. The parolee is expected to obey every restriction, no matter how minor or severe. Typical requirements include some or all of the following:

  • The parolee must report regularly to their parole officer.
  • They must not use drugs or alcohol.
  • They must remain in Texas (unless they’ve asked for and received legal permission).
  • Their internet use may be limited or restricted.
  • They may be required to submit to electronic monitoring.
  • They must incur no additional charges or infractions of the law.
  • Complete an addiction rehabilitation program or other type of rehab.
  • They must register as a sex offender.

What Happens if Someone Violates the Terms of Their Parole Release Plan?

It’s crucial to understand that Texas courts take parole requirements seriously and may apply harsh consequences to someone who violates any of them, even if the violation appears minor. That also applies to first-time convictions or first-time parole violations. If you’re accused of violating parole, contact an experienced parole attorney immediately. 

When someone violates their parole and law enforcement, or the parole officer finds out, they can file a motion to adjudicate with the court. The court may respond by issuing a bench warrant for the person’s arrest, and a revocation hearing will be scheduled once they’ve been arrested.

At the hearing, the prosecutor must prove that the parole was violated. The parolee can challenge the prosecutor’s evidence and presumptions. 

The parole will continue if the judge doesn’t find the evidence and prosecutorial statements persuasive. But if the judge agrees that there was a violation, they can do one of four things.

  • Determine the violation to be so minor that it shouldn’t affect the parole going forward.
  • Let the parole continue, but add additional restrictions to the release plan.
  • Order the parolee to the relevant type of inpatient rehab program.
  • Order the parole revoked and send the parolee back to prison. It’s likely they’ll be ordered to complete the original jail sentence. 

What Should I Do if I’ve Been Charged with Violating My Parole?

Call Morgan Bourque Attorney at Law as soon as possible at 713-766-3733 to schedule a no obligation case evaluation. The stakes of being found guilty of parole violation are high–a return to prison. Our team of experienced, knowledgeable criminal defense attorneys can review the specifics of your case and advise you as to the best approach. We understand how stressful and traumatic the thought of returning to prison is. We’ll work hard to help prevent that.