Parole is the process wherein a person convicted of a crime may serve only part of a prison sentence, and spend the rest of their sentence under court ordered supervision. After a parolee’s early 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. Additionally, the inmate must have significantly observed the rules of the prison facility. Most importantly, the early release of the parolee must not endanger the public or lessen the seriousness of the criminal offense.
Any parole order can be modified, amended or revised under 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
- Other similar changes
While the parole board has the discretion to make such modifications, they do not have unlimited authority. 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.
A rescission of parole is essentially a cancellation. Rescission of parole may occur if:
- Parole was improperly granted
- Factual errors or mistakes lead to the issuance of parole
- Facts at the time of granting parole or afterwards indicate that rescission is proper
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 A future parole order that has not yet been put into effect can also be rescinded.
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 usually only occurs if the parolee has violated the conditions of their parole in some way, usually due to an illegal act or conduct after being paroled.
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.
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.
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 attorney will be able to determine your eligibility for parole.