Probation versus parole, do you know the difference?
Posted: 04.19.2012 at 11:06 AM
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KIRKSVILLE, MO. -- What’s the difference between probation and parole? That was our topic for Thursday’s “Facebook Story of the Day”.

Probation is a decision handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time.

It allows the convicted person to live in the community for a specified period of time under the supervision of a probation officer.

Even though the person is not in jail, they may be subject to many of the same conditions of serving time in jail including curfew rules, requirements to participate in rehab programs, and monthly or more frequent drug testing.

While on probation, a defendant can be ordered to pay a fine, court costs, restitution, and any court appointed attorney fees.

Parole, on the other hand, is the early release of an inmate who has served part of his/her prison sentence.

The inmate is allowed to return to the community under the conditions of parole and the supervision of a parole officer.

A defendant on parole will face many of the same controls or safeguards as probation.

According to Adair County Prosecutor, Matt Wilson, every day a parolee spends outside of jail, is a day taken of their prison term.

“So if you had a 5 year prison sentence, you went to prison for a year, you would have four years left on parole. If you were able to stay out of trouble for the next for years, you are done,” Wilson said. “On probation, if you have a 5 year prison sentence, and you’re on probation and you do well for 4 years and then you screw up you may go to prison. The judge can give you credit for those 4 years, but he doesn't have to unlike parole where they have to give you credit.”

So when is an inmate eligible for parole?

“There are some statutes that require an individual to spend 85% of their prison sentence behind bars. There are certain guidelines that have been set forth by Probation and Parole, by the Department of Corrections, and by law, that require a minimum percentage,” Wilson said. “But, those are all determined down in Jefferson City and the Dept. of Corrections. How long someone spends in prison is not determined by our local judges.”

One thing they two may have in common deals with what happens if the probationer or parolee doesn’t abide by the conditions set for them. If they violate one or more of the conditions, they may have their status revoked and sent to prison to complete the remainder of their original sentence.