How Pennsylvania’s Parole System Works: Key Insights
Are you or a family member hoping to be released from prison early through parole? Hoping to avoid imprisonment altogether through probation? Depending on your situation, parole and probation may be possible ways to achieve freedom, provided you can successfully navigate the parole system.
The parole process can be challenging to navigate, from determining eligibility for parole to addressing concerns about technical violations. Don’t risk your freedom by managing this alone. Choose the law office of Marinaro Law to help you attain and maintain your freedom!
What Are Parole and Probation?
Parole and probation are crucial tools for achieving rehabilitative justice within our criminal justice system. They are two similar but different methods of providing a person convicted of a crime with a non-carceral (Non-jailtime) alternative. Probation and parole are similar in purpose but are invoked in different ways and during different situations.
Parole
The parole system is essentially an early-release program: an inmate is released from incarceration before their prison sentence is completed. However, they must regularly report to a parole officer and adhere to the terms of their parole, including attending support group meetings, maintaining employment, and avoiding relationships with past criminal contacts.
Probation
Unlike parole, probation is typically offered to those with less serious offenses than parole, in conjunction with specific crimes as outlined in statute. Probation can help defendants avoid incarceration and prevent jail time from disrupting their lives. During probation, the probationer will meet regularly with their probation officer to ensure the terms of probation are not violated.
Mandatory parole is worth noting – this is a legal requirement of the parole system that allows a prisoner serving a term of 5 years or more to be released under parole after two-thirds of their term has been served. This is only possible with good behavior during their imprisonment.
Probation and Parole System Eligibility
If you are hoping for parole or probation, you should understand that some specific requirements could determine your eligibility for either system. Probation, as an alternative sentencing option, is typically offered at the judge’s discretion or as part of a plea bargain. The chance of receiving probation – and parole, for that matter- will depend on:
- Offense Severity: Was it a non-violent crime? Purely financial?
- Criminal History: Was this a first offense? Or one of many?
- Personal Circumstances: Was your crime one of passion or happenstance?
- Acceptance of Responsibility: Showing clear responsibility and reticence is essential.
There is no parole or alternative sentencing option in PA for first or second-degree murder, and we are one of three states with this approach to sentencing. If the offense in question is of a lesser severity, you must then file a formal request with the state parole board. They will review the case and assess the offender’s ability to reestablish themselves in the community, including residency and work options, as well as identify experts or witnesses who can attest to the offender’s successful rehabilitation. Depending on the case, even expungement may be a possibility to continue enjoying an unfettered lifestyle.
How to Navigate the Parole Process
The parole process can be confusing, but with a professional legal advisor at your side, every step can be taken with more confidence and certainty as to how to get the best chances at parole.
Prepare a Case File
Documents are gathered and submitted to the parole board – any documentation of the sentencing and legal steps taken so far is essential. Additional information, such as mental and physical health notes, family history, adjustment to prison, and input from others involved in the case, could be helpful, including notes from the victim or prosecution.
Parole Case Review
An institutional Parole Agent then reviews the case files and will do their own research to determine the viability and appropriateness of parole. This agent will also work with the inmate to develop a plan for what happens if parole is granted, including where the inmate will reside, the type of work they will apply for, or the training they will pursue.
Pre-Interview Case Review
The parole decision maker will review the proposal, including the case file and home plan, and prepare further questions for the parole interview. This includes compliance with the correctional plan, including education, vocation, and employment, as well as treatment for offenders with a case involving drugs, alcohol, or mental health issues.
Parole Interview
After reviewing the file, the parole board hears the case and interviews the potential parolee, with the decision-maker leading the interview while considering key factors. If denied, the inmate will be informed of the reasons for denial and provided with a review date for their next interview. If approved, the parolee attends classes to guide them through reintegration into society beyond the carceral system.
Prior to Release
In the months leading up to parole, the parolee will undergo several registrations and reviews pertinent to their offenses and required for their release – this may include drug screening, Megan’s Law registration, victim impact education classes, or payment of victim fees. They will meet with their parole agent and review their parole conditions.
Supervision
Finally, during parole itself, the parolee will regularly meet with their parole agent, attend meetings, and keep up with all requirements of their release while avoiding technical violations. This type of parole violation include moving violations, contact with the victim, missing curfew, and failing drug tests.
Maximize Your Chances of Parole with the Marinaro Law Firm
When you are facing jail time, probation can feel like the last chance to have your life minimally interrupted. And if you are currently imprisoned, every chance at parole is a chance to reclaim your life ahead of schedule. The law offices of Marinaro Law have decades of experience in both prosecution and defense, providing us with a stronger ability to advocate for alternative sentencing options.
You deserve the best chances at freedom through probation and the parole system, and we are proud to provide you with defense and arguments tailored to your case, making the most of your unique situation and building a case that will put you in the best possible position for the parole process. Don’t settle for anything less than your best options – call us today.
Resources:
