Modification, Rescission, or Revocation of Parole
Authored by Ken LaMance
, LegalMatch Law Library Managing Editor and Attorney at Law
Locate a Local Criminal Lawyer
What is Parole?
is the process wherein a person convicted of a crime may serve only part of a prison sentence. Parole allows the person to be released early from their sentence. After their release, they will be subject to monitored supervision as they reintegrate into the community.
Parole is typically granted after at least one-third of the prison term has been completed. Also, the inmate must have significantly observed the rules of the prison facility. The early release must not endanger the public or lessen the seriousness of the criminal offense.
Can Parole Orders be Modified after they go into effect?
Any parole order can be modified, amended or revised according to the discretion of a parole board. Modifications can include changing the terms or conditions of the parole, extending or shortening the parole period, adjusting the supervision provisions, or other such changes.
While the parole board has the discretion to make such modifications, they do not have unlimited authority to make changes as they please. The modifications must be based on factual evidence demonstrating the need for the changes. Any modifications must be made according to the protections of due process.
What is Rescission of Parole?
The parole board also has the authority to rescind (cancel) parole. Rescission of parole may occur if it has been determine the parole was improperly granted. Rescission of parole is usually based on a factual error or mistake in connection with the issuance of parole. The parole authority may rescind parole due to facts at the time of granting parole or afterwards.
Again, anytime rescission of parole is to occur, it must be based on solid factual evidence. Taking away parole has major impacts on the parolee, and so parole rescission cannot be based merely on whim or suspicion. A future parole order that has not yet been put into effect can also be rescinded.
How is Rescission of Parole different from Revocation of Parole?
Parole authorities make a clear distinction between rescission and revocation of parole. As mentioned, rescission may occur due to errors in granting the parole. In contrast, revocation of parole occurs if the parolee has violated the conditions of their parole in some way. This is usually due to an illegal act or conduct that the parolee has committed after being released.
Thus, the main difference between the two is that in revocation, the parolee loses their rights to freedoms which they were legitimately entitled to. With rescission, the person was never actually supposed to be granted parole, and so the parole order is canceled.
What if my Parole Order has been Modified, Rescinded, or Revoked?
Parole authorities are allowed to reopen any parole decisions for further consideration. This may be done if new information becomes available prior to the person’s release from prison. These additional hearings can be held even if the new information existed at the time of modification, rescission, or revocation of the order. Again, it is up to the discretion of the parole board as to which information to review.
Do I Need to Speak to a Lawyer regarding the Status of my Parole?
If you feel that your parole order has been wrongfully modified, rescinded, or revoked, you may wish to consult with a criminal lawyer for advice. Losing parole can have severe consequences on your livelihood, so it is important to contact a lawyer to ensure that your parole order is not subject to errors or mistakes. An experienced criminal attorney will be able to determine your eligibility for parole.
Consult a Lawyer - Present Your Case Now!
Last Modified: 01-21-2011 02:47 PM PST
Find the Right Lawyer Now
Did you find this article informative?
Link to this page