Probation vs Parole in Texas

 Posted on July 17, 2024 in Criminal Defense

When it comes to punishment in Texas, there is often a misconception about the differences between probation vs parole. While both systems intend to rehabilitate individuals convicted of crimes through community supervision, there are key differences. This guide will lay out those differences while also examining their intended functions, oversight, and the associated process individuals placed on parole or probation in Texas must follow.

Probation in Texas: An Alternative to Incarceration

Probation serves as an alternative to incarceration for individuals found guilty of or who plead guilty to misdemeanors or felonies. Instead of serving time in jail, eligible defendants are allowed to remain in the community under supervision. The court imposes a set of conditions that the probationer must follow, which are agreed upon and signed by the offender.

For instance, someone found guilty of or who pleads guilty to a first-time DWI/DUI might be placed on probation or receive deferred instead of serving jail time. Their probation terms could include attending alcohol education classes, completing community service, regularly reporting to a probation officer, and avoiding any further legal trouble. Another example is a person found guilty of or who pleads guilty to petty theft who might be required to pay restitution to the victim, attend theft prevention programs, and maintain steady employment while on probation.

These tailored conditions aim to rehabilitate the offender and reduce the likelihood of reoffending, while also allowing them to continue contributing to society.

Texas statute defines community supervision, or probation, as follows:

A court places a defendant under a continuum of programs and sanctions, imposing conditions for a specified period during which: A) criminal proceedings are deferred without adjudicating guilt; or B) a sentence of imprisonment, confinement, or both, along with a fine, is probated, and the imposition of the sentence is suspended in whole or in part. (Article 42A.001, Texas Code of Criminal Procedure)

Types of Probation in Texas: Straight Probation and Deferred Adjudication

In Texas, there are two main types of probation:

1. Straight Probation: Straight probation results in a conviction being recorded on the defendant's record. This means that, despite avoiding jail time, the conviction will remain as part of their criminal history.
2. Deferred Adjudication Probation: Deferred adjudication probation offers a different path. If eligible, a defendant can have their case deferred and placed on probation. If they successfully complete the designated period of probation, adhering to all the conditions set by the court, the charge may be administratively dismissed. This means that the offense does not result in a conviction on their record, potentially allowing them to move forward without the long-term consequences of a criminal record.

For example, a young adult charged with possession of a small amount of marijuana might be granted deferred adjudication. If they complete all requirements, such as drug education classes and community service, the charge could be dismissed. Conversely, that person might receive straight probation, resulting in a permanent record but with the benefit of avoiding incarceration.

Parole in Texas: A Form of Community Supervision

Parole is a form of community supervision available to felony offenders who have already served a significant portion of their prison sentence and have demonstrated good behavior during that time.

The Board of Pardons and Paroles must approve this conditional release, allowing offenders to serve the remainder of their sentence within the community. A parole officer ensures compliance with parole conditions and initiates intervention procedures when necessary. After release, individuals must regularly report to their parole officer and follow general community rules.

Offenders released on parole must:

• Obey all municipal, county, state, and federal laws.
• Obtain the parole officer's written permission before changing residence or leaving the state.
• Not own, possess, sell, or control any firearm, prohibited weapon, or illegal weapon as defined in the Texas Penal Code.
• Abide by any special conditions imposed by a parole panel, whether listed on the release certificate at the time of release or added later.

A person convicted of a serious drug offense, for example, might be granted parole after serving a substantial part of their sentence. They would need to regularly meet with their parole officer, maintain a job, and possibly attend substance abuse counseling. Compliance with these conditions helps integrate the parolee back into society while ensuring public safety.

Both parole and probation are privileges and not guarantees.

Key Differences Between Probation vs Parole

One of the key differences between probation vs parole is jail time. Whereas offenders on parole have typically spent a significant amount of time behind bars, individuals on probation usually serve little or no jail time and are instead supervised in the community from the outset.

Another difference lies in the agencies responsible for overseeing these offenders. The Texas Board of Pardons and Paroles supervises individuals placed on parole, ensuring they comply with the conditions of their release. On the other hand, local probation departments oversee offenders placed on probation. The court with jurisdiction in the case also manages their compliance with the terms of their community supervision.

Probation vs Parole Comparison Table:

Understanding Probation in Texas: Court Authority and Eligibility

Court Authority Over Community Supervision

In Texas, only the court that tried the defendant can grant community supervision, impose conditions, or discharge the defendant. Article 42A.051 of the Texas Code of Criminal Procedure outlines this authority and allows a judge to modify the conditions of a defendant's community supervision at any time during the supervision period.

A jury can recommend that a judge suspend a defendant's sentence and place them under community supervision. If this recommendation is made, the judge must follow it. To be eligible, defendants must file a sworn motion with the judge before the trial begins, asserting they have no prior felony convictions in Texas or any other state.

The length of community supervision varies depending on the type of offense:

• Felony Cases: The maximum period is generally either 5 or 10 years, depending on the severity of the felony.
• Misdemeanor Cases: The maximum period is typically 2 years. However, a judge may extend this period in certain circumstances.

Who is Not Eligible for Community Supervision?

In Texas, certain individuals are not eligible for probation due to the nature of their offenses. These include those convicted of serious crimes known as "3G offenses." The term "3G" refers to a specific category of violent and serious felonies listed under Article 42A.054 of the Texas Code of Criminal Procedure. These offenses typically involve acts that pose a significant threat to public safety and include some of the following:

• Murder
• Indecency with a Child by Contact
• Sexual Assault
• Aggravated Sexual Assault
• Aggravated Robbery
• Sexual Performance by a Child
• Injury to a Child
• Certain drug offenses

In certain situations, however, some of the above may be eligible. Additionally, individuals with prior felony convictions may also be ineligible for probation, particularly if their previous crimes were of a violent or sexual nature. The stringent eligibility criteria for probation underscore the state's commitment to public safety. These criteria highlight the serious consequences associated with high-risk offenses.

For offenders who are ineligible for probation, alternative sentencing options may still be available. It is essential to seek legal advice from a knowledgeable criminal defense attorney to explore all possible avenues.

Recent Legislative Changes

Effective March 5, 2024, individuals charged with or convicted of illegally entering Texas are no longer eligible for community supervision. This legislative change reflects a tightening of eligibility criteria for community supervision in response to specific offenses.

Understanding Parole in Texas: Eligibility and Process

Parole Eligibility

The eligibility for parole depends on various factors. When an inmate becomes eligible, their case is reviewed. This review considers factors such as the nature of the offense, the inmate's behavior in prison, participation in rehabilitation programs, and support from family and the community.

For most non-violent offenses, an inmate may become eligible for parole after serving a combination of actual time and good conduct time equating to 25% of their sentence or 15 years, whichever is less.

However, certain serious offenses, such as violent crimes or drug-related offenses committed in designated drug-free zones, have stricter eligibility requirements. For example, offenders convicted of violent crimes may have to serve a substantial portion of their sentence, often 50% or more, before becoming eligible for parole.

A parole panel uses a risk assessment tool and considers the severity of the offense to determine the likelihood of granting parole.

Supervision and Compliance

Once granted parole, the individual must comply with specific conditions imposed by the board and report regularly to a parole officer. These conditions can include:

• Maintaining employment
• Avoiding certain places or people
• Adhering to curfews
• Mandatory participation in treatment programs
• Paying fines – in some cases, restitution to victims

Non-compliance can result in intervention by the parole officer or revocation of parole.

Staying informed about the latest changes in parole laws and guidelines is crucial. These changes can impact eligibility and the conditions imposed. For comprehensive and up-to-date information, consulting legal professionals or resources provided by the Texas Department of Criminal Justice and the Texas Board of Pardons and Paroles is recommended.

Click here to watch a short video of Heather explain probation vs parole.

Consequences of Violations for Probation vs Parole in Texas

Probation Violations

Violating the conditions of probation can have serious consequences. Common violations include failing to report to a probation officer, missing court-ordered programs, committing new offenses, or failing drug tests. When a violation occurs, the state may file a motion to revoke probation with the court. If the court finds sufficient evidence of the violation, it can impose various penalties, including extending the probation period, imposing additional conditions, or revoking probation entirely, which can result in the defendant serving the original jail or prison sentence.

Parole Violations

Similarly, parole violations can lead to severe repercussions. Common violations include failing to report to a parole officer, failing to comply with curfews or residence requirements, committing new offenses, or violating specific conditions such as attending mandatory programs. If a parole officer determines that a violation has occurred, the parolee may be arrested and detained. The Texas Board of Pardons and Paroles will then hold a revocation hearing. Depending on the findings, the board can decide to continue parole with additional conditions, or revoke parole entirely, resulting in the parolee returning to prison to serve the remainder of their sentence

Importance of Legal Representation

If you or a loved one are facing probation or parole violations, it is crucial to act swiftly to avoid the harshest consequences. The legal complexities and potential penalties can be overwhelming, but you don't have to face them alone. Contact Barbieri Law Firm immediately for expert assistance. Our experienced criminal defense attorneys will fight vigorously to protect your rights and help mitigate the impact of any alleged violations. Don't risk your freedom-reach out to Barbieri Law Firm today by calling 972-424-1902 or submitting an inquiry below for a confidential case evaluation and let us provide the strong defense you need.