Probation vs Parole in Florida
Robert Malove Probation in Florida is supervision in the community that a judge imposes as part of a sentence, while parole is an early release from prison granted by the Florida Commission on Offender Review. Florida effectively abolished parole for crimes committed on or after October 1, 1983, so most people under supervision today are on probation, community control, or a post-prison release program.
Below: definitions, a comparison, parole eligibility, related supervision types, violations, and the options The Law Offices of Robert David Malove raises in Fort Lauderdale.
What Is Probation in Florida?
Probation in Florida is a form of community supervision requiring specified contacts with probation officers and other terms and conditions, as defined in Florida Statute 948.001(8). A judge orders probation under Statute 948.01, with or without an adjudication of guilt.
What are the standard conditions of probation?
The standard conditions of probation in Statute 948.03 include:
- Reporting to the probation officer as directed
- Allowing the officer to visit at home or elsewhere
- Working at suitable employment where possible
- Living without violating any law
- Paying restitution set by the court
What Is Parole in Florida?
Parole in Florida is the release of an inmate before the court-imposed sentence expires, with supervision the parolee completes by following a release agreement ordered by the Florida Commission on Offender Review. Florida Statute 947.002(5) states that parole is an act of grace of the state and not a right.
How Do Probation and Parole Compare?
Probation and parole differ in who grants them, but the Florida Department of Corrections Office of Community Corrections supervises both.
| Question | Probation | Parole |
|---|---|---|
| Who decides | The sentencing judge (Statute 948.01) | The Florida Commission on Offender Review (Chapter 947) |
| When it starts | At sentencing, often as an alternative to prison | After part of a prison sentence is served |
| Who is eligible | Most defendants, except for offenses punishable by death | Mainly inmates whose crimes predate October 1, 1983 |
| Who supervises | Department of Corrections probation officers | Department of Corrections probation officers |
| Who rules on a violation | The judge who granted probation (Statute 948.06) | The Commission (Statute 947.23) |
| Result of revocation | Any sentence the judge could have imposed originally | Return to prison to serve out the term (Statute 947.21) |
Does Florida Still Have Parole?
Florida still has parole, but only for older cases. The Florida Commission on Offender Review states that the 1983 sentencing guidelines effectively abolished parole for crimes committed on or after October 1, 1983. Florida Statute 944.70 lists the only ways a person convicted of a later crime may leave prison, and parole is not among them.
Who is still eligible for parole in Florida?
The Commission lists these inmates as still eligible for parole consideration:
- Crimes committed before October 1, 1983
- First-degree murder, felony murder, or destructive device offenses committed before May 25, 1994
- Other capital felonies committed before October 1, 1995
- Continuing criminal enterprise (Statute 893.20) committed before January 1, 1994
- Murder of a law enforcement officer before January 1, 1990, or of a justice or judge before October 1, 1990
- Felonies before July 1, 1984, where the inmate elected sentencing outside the guidelines
As of June 30, 2023, the Commission reported about 3,498 inmates still eligible for parole consideration.
What Other Types of Supervision Does Florida Use?
Florida uses community control, drug offender probation, conditional release, and control release alongside standard probation and parole.
What is community control?
Community control is intensive, supervised custody in the community, as defined in Statute 948.001(3). Under Statute 948.101, it can include confinement to an agreed residence outside work hours, mandatory public service, and electronic monitoring.
What is drug offender probation?
Drug offender probation is intensive supervision that emphasizes treatment under an individualized plan, as defined in Statute 948.001(4). Statute 948.20 allows it for a chronic substance abuser facing certain drug charges or another nonviolent felony who scores 60 or fewer sentence points, with random drug testing.
What is conditional release?
Conditional release is mandatory post-prison supervision under Statute 947.1405 for inmates sentenced for certain violent crimes after a prior felony commitment, habitual offenders, violent habitual offenders, violent career criminals, and sexual predators. Supervision lasts for a period equal to the gain-time earned in prison.
What is control release?
Control release is a prison population management program run by the Control Release Authority under Statute 947.146 to keep the prison population between 99 and 100 percent of capacity. The Commission states it does not currently review inmates for control release because prison beds are sufficient.
What Happens After a Probation Violation in Florida?
A probation violation in Florida leads to a hearing before the judge who granted probation, under Statute 948.06. Each probation violation case moves through three stages:
- Arrest or notice. An officer may arrest without a warrant on reasonable grounds of a material violation, or the judge may issue a warrant or, for some probationers, a notice to appear.
- Hearing. If the violation is not admitted, the probationer must be given a chance to be fully heard in person or by counsel.
- Ruling. The judge may revoke, modify, or continue probation, and on revocation may impose any sentence available at the original sentencing.
What happens after a parole violation?
A parole violation in Florida is decided by the Commission, not a judge. Statute 947.23 requires a preliminary probable cause hearing within 30 days after arrest and a final revocation hearing, where the parolee may have counsel. Under Statute 947.21, revocation can return the parolee to prison to serve out the sentence.
What Are the Options on a Florida Probation Violation?
The options on a Florida probation violation contest the allegation or use the limits in Statute 948.06:
- No material violation. The statute requires a violation in a material respect.
- Alternative sanctioning. A technical violation, one that is not a new criminal offense, may go through the circuit’s alternative sanctioning program instead of an affidavit.
- Mandatory modification. For a first low-risk technical violation, such as a missed report, by a probationer who is not a violent felony offender of special concern, the judge must, with narrow exceptions, modify or continue probation, and may add at most 90 days in county jail.
The firm’s violation of probation case results show how these hearings play out in Fort Lauderdale.
Why Hire The Law Offices of Robert David Malove?
Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, and is a former Assistant Public Defender in all three counties. The firm’s Fort Lauderdale office is at 200 SE 9th Street.
A Broward County probation violation usually starts with an affidavit and a warrant or notice to appear, so the first step is to call a Fort Lauderdale criminal defense lawyer before the first appearance. The defense then reviews the affidavit and whether the allegation is technical or a new law violation before deciding whether to contest it or seek a modification.
Call (954) 861-0384 for a free consultation with a Fort Lauderdale probation violation lawyer.
Probation vs Parole in Florida: Frequently Asked Questions
Is parole the same as probation in Florida?
Parole is not the same as probation in Florida. Probation is community supervision a judge imposes as part of the sentence, while parole is a discretionary early release from prison granted by the Florida Commission on Offender Review.
Can a person still get parole in Florida?
A person can get parole in Florida only if the crime was committed before October 1, 1983, or falls within a listed exception, such as a capital felony committed before October 1, 1995.