Parole vs. Probation in Louisiana: What’s the Difference?

Probation and parole in the criminal justice system share some similarities. They are both methods of serving a sentence outside of jail or prison. However, there are key differences between parole vs. probation in Louisiana, and it is important to understand that distinction. This is especially true if you are facing criminal charges or have already been convicted. You may be eligible for probation or parole, which can reduce or eliminate your time in traditional incarceration.

What Is Probation in Louisiana?

Probation may replace a portion or all of your jail or prison sentence. Whether you are going to serve probation as your sentence will be determined by the judge when you are sentenced, not after your sentence. Probation is more commonly part of a sentence if you are a first-time offender, your crime is nonviolent, and/or there are mitigating factors in your offense.

The goal of probation is to allow you to demonstrate your willingness and ability to rehabilitate while still being punished for the crime.

What Are the Conditions of Probation?

Probation may set restrictions on what you can and cannot do during the probationary period, often with additional requirements. These restrictions are set by the judge, and they depend on the offense you committed and its severity. These may include:

• Refraining from using drugs or alcohol
• Submitting to drug testing
• Being gainfully employed or continuing schooling
• Going to regular appointments with your probation officer
• Giving notice of any planned residence changes
• Attending approved counseling
• Attending classes in educational programs
• Fulfilling community service hours
• Attending other meetings, such as victim impact panels
• Not committing any further criminal offenses

If you follow these restrictions, then you may complete the entirety of your sentence outside of jail or prison. If you violate your probation, you will likely be sentenced to serve the jail or prison time that your probation allowed you to avoid.

What Is Parole in Louisiana?

Whether you can serve parole in place of some of your prison sentence will be determined after you have already served a portion of that sentence. Parole is not decided during sentencing, unlike probation. Parole is generally provided to individuals who have demonstrated good behavior and a plan for reintegration throughout the parole process.

The parole board determines whether you will receive parole or not, and it can set restrictions on what you are allowed to do. If you are eligible for parole, the parole board will review the specifics of your case to determine if parole will be granted based on your behavior and rehabilitation efforts.

What Are the Conditions of Parole?

Like probation, parole will have certain restrictions, although they vary, depending on your unique circumstances. Some of these restrictions may include:

• Staying in a halfway house during the parole period
• Providing a parole officer with regular reports and updates
• Requiring notice prior to any potential move
• Being unable to visit certain parts of the community
• Not committing any further offenses
• Not leaving the state without permission
• Refraining from illegal drug use
• Obtaining gainful employment that is approved by the parole officer
• Submitting to drug tests
• Submitting to medical treatments or examinations by the parole officer
• Paying supervision fees for parole

There may be many other restrictions. Like with probation violations, any parole violations can result in your return to prison. Failing to cooperate with the restrictions of your parole is a violation. Depending on how serious the violation was, you may return to serving your sentence in prison, or other alterations may be made to your parole process.

FAQs

Q: What Is the Difference Between Probation and Parole in Louisiana?

A: The difference between probation and parole in Louisiana is that probation is an alternate sentence provided to a convicted individual at the time of their sentencing, while parole may be granted to individuals after part of their sentence is served. Both are alternatives to being incarcerated. Parole is for good behavior while in prison, and it results in part of the sentence being served out of prison. Probation may replace some or all of the incarceration sentence for the offense.

Q: Do They Still Have Probation in Louisiana?

A: Yes, there is probation in Louisiana available in place of all or a portion of an imprisonment term for certain criminal offenses. Probation is not available for all offenses, and its use is up to the discretion of the judge. Probation allows individuals to serve their sentence without going to jail or prison, or they can serve a lesser imprisonment term before serving the rest through probation. Terms of probation and eligibility for probation vary based on the person and the offense.

Q: How Does Parole Work in Louisiana?

A: Parole in Louisiana provides for early release from prison, under supervision. It requires the individual to follow certain requirements to remain under parole. Eligibility for parole is dependent on the offense committed, the person’s behavior while imprisoned, and their plans for reintegration into society. This should include continued education, gainful employment, a residence plan, and other clear plans for the parole period.

During parole, the individual must be in contact with their parole officer and follow whatever the specific requirements are of their parole term.

Q: What Crimes Are Not Eligible for Parole?

A: Some crimes may not be eligible for parole in Louisiana, including:

• Crimes of violence, including murder, assault, domestic abuse, stalking, and distribution of certain controlled substances that result in bodily harm
• Sex offenses, including crimes against nature, rape, sexual battery, and voyeurism
• A fourth or additional offense of a nonviolent felony crime

A person’s eligibility for parole depends on several factors, including the crime committed, the individual’s behavior while incarcerated, and how much of the sentence has already been served.

Defending Your Rights in a Criminal Case With an Effective Defense Attorney

If you are facing criminal charges, an effective defense attorney could make a case for probation in your sentence. If you have already been sentenced, an attorney can guide you through the parole process. An effective criminal defense attorney understands these processes and the requirements you must meet. At Longman Jakuback, we can review your unique criminal offenses and situation to determine how to lessen your imprisonment sentence. Contact our firm today.