What Can You Not Do While on Parole?
Parole conditions vary by state and person, but you usually cannot leave the area without permission, miss meetings with your parole officer, use drugs or excess alcohol, possess firearms, contact victims or certain people, or commit new crimes. Many parolees are subject to searches and drug tests. Violating a condition can lead to a revocation hearing and a return to prison.
Parole is supervised release from prison before the end of a sentence (Cornell LII). It comes with conditions, and following them exactly is the price of staying out. In the federal system, parole has largely been replaced by supervised release, which works in a similar way (US Courts).
Standard parole conditions
Most parole agreements include rules like these:
- Report to your parole officer as directed and answer truthfully.
- Live at an approved address and get permission before moving.
- Stay within a set area; travel outside the county or state usually requires written permission.
- Work or look for work, or attend school or treatment.
- No new crimes, including minor offenses.
- No drugs, and often no alcohol, with random testing.
- No firearms or weapons. People with felony convictions are generally barred from possessing guns under federal and state law; see weapons charges.
- No contact with victims, co-defendants or people with criminal records, unless approved.
- Searches: many states make warrantless searches of the parolee, home and vehicle a condition of release.
- Pay fees, fines and restitution.
Special conditions
Depending on the offense, conditions may include curfews, electronic monitoring, substance abuse or mental health treatment, sex offender registration and restrictions, or limits on internet and phone use.
What happens if you violate parole
A violation can be "technical" (a missed meeting, a failed drug test) or a new crime. The parole officer can warn you, change conditions, or start revocation. The Supreme Court held in Morrissey v. Brewer that parolees facing revocation are entitled to due process, including a preliminary hearing, written notice, a chance to be heard and present evidence, and a neutral decision-maker. Revocation can mean returning to prison for part or all of the remaining sentence.
Tips for staying in compliance
- Keep a copy of your conditions and read them carefully.
- Ask your parole officer before doing anything you are unsure about, and get permissions in writing.
- Keep proof of work, treatment and payments.
- If you are arrested or questioned by police, tell your parole officer quickly, as most conditions require.
Getting help
If you are facing a violation or revocation hearing, a criminal defense lawyer can represent you. For probation, which is a sentence instead of prison, see what happens if you violate probation.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.