Probation, Parole and Post Release Supervision

Probation

A defendant will often be sentenced to a period of probation as an alternative to incarceration. A defendant may also receive what is known as a split sentence involving both incarceration, and probation such as for example 60 days jail and 3 years probation on an “A” misdemeanor conviction, or 6 months jail  and 5 years probation on a felony. Defendants who receive sentences in excess of 6 months on a conviction are not eligible for probation on that offense.
When a defendant is sentenced to probation, he or she is placed under the supervision of the probation department for a set number of years. While on probation, the defendant must report to his or her probation officer either in person or at times, by phone. It is common for a probationer to be required to report twice a month, however a probationer may be required to report more often depending on the type of probation and facts surrounding the probation. While on probation, a defendant will be required to comply with any and all conditions of his or her probation. This may include such conditions as entering and completing a drug or alcohol program, completing a domestic violence program, completing an anger management program, paying restitution, paying a fine, obtaining a GED, among others conditions. If a defendant fails to comply with his or her probation officer, he or she may be violated on probation. Once violated, a probation violation hearing will be scheduled. At the conclusion of either a violation of probation hearing or conference, the defendant will usually be reinstated on probation, admonished, or incarcerated.

Parole

When a defendant is released from incarceration after serving more than a year incarceration of an indeterminate sentence, he or she will often be released to the New York State Division of Parole to complete the remainder of the sentence. An example is when a defendant is sentenced to 2 to 6 years incarceration. If the defendant is released after serving only 2 years incarceration, he or she will be placed on parole for the remaining 4 years. The defendant will be required to meet with his or her parole officer and abide by any terms or conditions set forth by parole. If a defendant violates the terms of his or her parole, a parole violation will be initiated and the defendant will be incarcerated pending the parole violation hearing.

Post Release Supervision

Post Release Supervision is very similar to parole. It is supervision imposed after a defendant is released following the completion of a determinate sentence. An example of a determinate sentence is a defendant that is sentenced to 9 years incarceration, as opposed to someone who is sentenced to an indeterminate sentence of 3 to 9 years incarceration. A defendant on post release supervision must comply with the terms and conditions of the post release supervision or risk further incarceration.