Probation is part of a sentence: a judge suspends the sentence and releases the person into the community under conditions the judge sets, usually supervised by a county probation officer. Parole is supervision after release from state prison, run by the state corrections department. Since 2011, many people leaving prison are instead supervised by county probation under a third system, postrelease community supervision.
Probation and parole side by side
| Question | Probation | State parole |
|---|---|---|
| How does it start? | A judge grants it at sentencing by suspending the sentence (Penal Code 1203(a)) | Release from state prison after a prison term for a qualifying offense |
| Was there state prison first? | No. The judge can order county jail time as a condition, up to the maximum for the offense | Yes |
| Who supervises? | A county probation officer, or for many misdemeanors the court alone | The Division of Adult Parole Operations of the California Department of Corrections and Rehabilitation |
| Who sets the conditions? | The sentencing judge | Statutes and the parole authorities, not the sentencing judge |
| How long does it usually last? | Up to two years for most felonies and one year for most misdemeanors, with exceptions | Two years after a determinate prison term, three years after a life term, for most people released since July 1, 2020 |
| Who decides a violation? | The court, which can revoke probation and impose a sentence | A superior court, on a petition from the parole agency; revocation custody is capped at 180 days in county jail, except for some parolees from life terms |
Probation is a sentence the judge grants
Under Penal Code 1203(a), probation means "the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer." The same subdivision defines a "conditional sentence," which works the same way but "without the supervision of a probation officer." That second form is what many people call informal or court probation, and it is common in misdemeanor cases.
Because the judge grants it, the judge also writes the rules. Section 1203.1 lets the court, in the order granting probation, "imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case," and impose "other reasonable conditions." For a felony, section 1203.1(a) limits probation to "a period of time not exceeding two years," but subdivision (l) allows longer terms for violent felonies listed in section 667.5(c), for offenses whose own statutes set a probation length, and up to three years for certain employee theft, embezzlement and false financial statement felonies over $25,000. For a misdemeanor, section 1203a sets a limit "not to exceed one year" unless the offense has its own probation length. Whether a particular felony can receive probation at all is a separate question; see which felony convictions can receive probation.
Parole is supervision after state prison
State parole follows a state prison term. Under Penal Code 3000.08(a), it applies to people released after a prison term for a serious felony, a violent felony, a third-strike sentence, a high-risk sex offender classification or a mentally disordered offender commitment. Parole agents from the state corrections department supervise them, and the conditions come from statute and the parole authorities; section 3053(a), for example, lets the Board of Parole Hearings "impose on the parole any conditions that it may deem proper."
For most people released on or after July 1, 2020, Penal Code 3000.01 sets the parole period at two years after a determinate term and three years after a life term, with reviews that can lead to earlier discharge; the section has exclusions, including for people required to register as sex offenders. People serving a life term reach parole only after the Board of Parole Hearings finds them suitable; see what a parole eligibility date means.
The two systems in between: PRCS and mandatory supervision
Two other kinds of supervision often get called probation or parole, which is where much of the confusion comes from. The first is postrelease community supervision. Under Penal Code 3451, people released from state prison on or after October 1, 2011 are supervised by the county probation department rather than state parole, unless their offense or status puts them in one of the excluded groups, such as a serious or violent felony, a third strike, a high-risk sex offender classification or a mentally disordered offender commitment. So a person can leave state prison and still report to a probation officer. Supervision ends after three years at most under section 3456, and a person with one continuous year without a violation that led to a custodial sanction must be discharged within 30 days. See what happens after an alleged PRCS violation.
The second is mandatory supervision. When a judge sentences a felony to county jail under Penal Code 1170(h) and suspends the last part of that term, the suspended part is mandatory supervision, and the person is "supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation." It looks like probation day to day, but it is the end of a jail sentence rather than a grant of probation.
What happens after a violation
For probation, Penal Code 1203.2 lets an officer arrest a supervised person without a warrant on probable cause of a violation and bring them before the court, which can modify, revoke or terminate supervision. If the judge had suspended imposition of sentence, a revocation allows a sentence "for any time within the longest period for which the person might have been sentenced"; if a sentence was already imposed and its execution suspended, that sentence can be put into effect. See how long a person can be held on a probation violation.
For parole, section 3000.08 lets the supervising agency respond with intermediate sanctions or petition the superior court to revoke parole, and under subdivision (g) the resulting confinement "shall not exceed a period of 180 days in a county jail." Subdivision (h) sets a different rule for parolees covered by section 3000.1, which includes people paroled from certain life terms: when the court finds a violation, the person is remanded to the custody of the corrections department and the jurisdiction of the Board of Parole Hearings. So both systems now end up in front of a judge when the agency seeks revocation, but the possible consequences are very different. The firm's pages on probation violations and parole violations cover each process.
How to tell which one applies to you
- Read the sentencing minute order or judgment. Words such as "probation granted" with imposition or execution of sentence suspended mean probation. A commitment to state prison generally means parole or postrelease community supervision will follow release. A county jail felony term with a suspended concluding portion means mandatory supervision.
- Look at who your officer works for. A county probation department supervises probation, mandatory supervision and postrelease community supervision. A parole agent works for the state corrections department.
- Check the release paperwork from prison. If you were in state prison, whether you are on parole or postrelease community supervision depends on the offense you served time for and the exclusions in section 3451.
- Read the search terms. A person released on parole for an offense committed on or after January 1, 1997 is subject to search at any time under Penal Code 3067. A person on probation faces that kind of search only if the court made a search condition part of the probation grant; see when a roommate's search condition reaches you.
For how the firm handles cases under either system, see its probation and parole violations page.