Probation and parole are two terms that people tend to use interchangeably. However, they mean different things under Kentucky law. Probation allows a person to avoid serving time in prison, while parole allows someone to leave prison early after serving part of their sentence. Both come with rules that a person must follow, but they work differently.
Learning about the difference between these two concepts is an important matter if you or someone close to you is facing charges as a defendant or is currently incarcerated in Kentucky. Read on for a detailed look at how each one works.
What Is Probation in Kentucky?
Probation is a court-ordered period of supervision that can serve as an alternative to incarceration. When a judge sentences someone to probation, that person can remain in the community instead of going to prison as long as they follow the conditions imposed by the court.
In Kentucky, probation terms are governed by KRS Chapter 533. Kentucky generally limits probation to the following periods.
However, it may continue longer when necessary to complete restitution:
- Felony probation: up to five years
- Misdemeanor probation: up to two years
The specific probation period will depend on the sentence and circumstances of the case.
What Conditions Can Come With Probation?
The sentencing judge sets the conditions a person must follow while on probation.
Depending on the case, probation conditions may include:
- Reporting to a probation officer on a regular schedule
- Submitting to drug and alcohol testing
- Maintaining employment or enrollment in an educational program
- Completing community service
- Observing a curfew
- Staying away from certain people or places
- Not committing new criminal offenses
Felony probation in Kentucky is supervised by the Department of Corrections Division of Probation and Parole. Misdemeanor probation may be handled differently depending on the circumstances.
What Is Parole in Kentucky?
Parole is the supervised release of someone who has already been sentenced to prison and has served part of their sentence. Unlike probation, which can be granted at sentencing, parole comes after incarceration.
The Kentucky Parole Board has authority over parole decisions under KRS § 439.330. Parole is discretionary in Kentucky, meaning that becoming eligible for parole does not guarantee that someone will be released.
When parole is granted, the Parole Board sets the conditions of supervision. These conditions may be similar to probation conditions but can depend on the person’s offense, criminal history, and other circumstances. Parolees are supervised by the Division of Probation and Parole.
When Is Someone Eligible for Parole in Kentucky?
Parole eligibility depends on the offense, sentence, and other requirements under Kentucky law. Kentucky requires many people classified as violent offenders to serve at least 85% of their sentences before becoming eligible for parole. Other offenders may become eligible sooner depending on the applicable rules.
Kentucky also provides mandatory reentry supervision for certain eligible inmates who have not been granted discretionary parole. Under KRS 439.3406, qualifying inmates may be released to supervision six months before the projected completion date of their sentence. However, several exceptions apply, so not every inmate qualifies.
Key Differences Between Probation and Parole
While the day-to-day experience of probation and parole may feel similar, the legal distinctions are significant:
- Timing: Probation is imposed at sentencing as an alternative to prison. Parole is granted after a portion of a prison sentence has been served.
- Decision-maker: A judge decides whether to grant probation. The Kentucky Parole Board decides whether to grant parole.
- Conditions: Probation conditions are set by the sentencing judge. Parole conditions are set by the Parole Board.
- Eligibility: Probation eligibility depends on the offense, sentence, and other circumstances. Parole eligibility depends on the offense, sentence, and applicable Kentucky law.
An experienced criminal defense lawyer can help you determine how either option applies to your circumstances during a free consultation.
What Happens if You Violate Probation or Parole?
Violating the terms of either probation or parole can result in being sent to prison or returned to prison to serve the rest of your sentence. That said, not every violation leads to that outcome. Kentucky uses a graduated sanctions system for probation violations, which means minor infractions don’t always result in revocation.
Depending on the situation, your probation officer may respond with:
- Extra reporting requirements
- Community service
- A short period of detention
- A formal revocation hearing for repeated or serious violations
Parole violations go through the Parole Board. If the Board determines a violation occurred, it can revoke your parole and send you back to serve the remaining time on your sentence.
Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Probation and parole can both involve supervision in the community, but they apply at different stages of a criminal case and have different rules. Understanding which one applies can help you know what to expect and what may happen if the conditions of supervision are violated.
Suhre & Associates DUI and Criminal Defense Lawyers can explain how Kentucky’s probation and parole laws may apply to your situation. Contact us at (502) 371-7000 today to schedule a free consultation with a Louisville criminal defense lawyer and discuss your legal options.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States