TL;DR (Summary)

While often confused, probation and parole are distinct. Probation is court-ordered supervision that can happen instead of (front-end) or after (back-end) incarceration. Parole is an early release from prison granted by a board. Florida abolished parole in 1995 to ensure “Truth in Sentencing,” meaning most inmates must serve at least 85% of their time. Today, Florida relies heavily on “split sentencing” and post-release probation to monitor individuals after they leave prison.

Probation vs. Parole: Understanding the Difference and Why Florida Doesn’t have Parole

Many people use the terms probation and parole interchangeably and often assume they mean the same thing, an alternative to serving time behind bars. While it is true that both probation and parole are forms of supervised release, they are fundamentally different in how they are applied. Understanding the difference is important to recognize how the criminal justice system works in various states.  Several states including Florida, abolished the use of parole but continue to rely on probation as a form of supervision for offenders.

What is Probation?

In states that utilize both probation and parole, probation is a court-ordered supervision that can be applied instead of jail or prison time as part of an offender’s sentencing.  These states use probation as a front-end form of punishment. However, in states like Florida, which abolished parole decades ago, probation plays a critical role in both pre and post-incarceration sentencing. Probation is supervised by probation officers, and if an offender violates the terms of their probation, these failures can result in revocation of probation and imprisonment.

How Probation is used in Florida:

1. Front-End Probation:

• Court Ordered instead if incarceration in a jail or prison facility.
• Often used for non-violent crimes or first-time offenders.
• Terms of probation can include requirements for drug testing, protective or no contact orders, employment, completion of classes, and regular check-ins with a probation officer.

2. Back-End or Post-Incarceration Probation:

• Court Ordered after serving time in a jail or prison facility.
• Also known as post-release probation or split sentencing.
• The offender serves time in jail or prison, and then transitions into probation upon release.

An example of front-end probation might be a first-time offender who was in possession of a personal use amount of cocaine, may be sentenced to 2 years’ probation, instead of serving jail time.  Whereas, a back-end probation, may be a habitual cocaine possession offender or an individual who was found in possession of cocaine in an amount deemed higher than for personal use, may be sentenced to 6 months in jail, and 2 years’ probation after release.

Offering post-incarceration probation provides the courts with flexibility in sentencing and helps prevent jail overcrowding while still providing supervised reintegration after an offender is released.

What is Parole?

Parole is an early release from prison and is granted by a parole board instead of a Judge. Parole allows incarcerated offenders to serve the remainder of their sentences under supervision in the community. When parole boards are considering an individual for parole, their decision is often based on factors such as evidence of rehabilitation, the offender displayed good behavior while in prison, whether the offender has a good support system after release, and other various risk factors. Parolees are supervised by a parole officer and are seen as still serving their sentence, just outside of a prison environment.  Like probation, if an individual violates the terms of their parole, the offender can be sent back to prison to serve the remainder of their sentence under incarceration. 

Why Doesn’t Florida have Parole?

Florida abolished its use of parole for all crimes committed after October 1, 1995, as part of the national “tough of crime” initiative during the 1980s and 1990s. This initiative emphasized longer sentences, mandatory minimums, and “truth in sentencing”. Truth in sentencing, which is the belief that convicted offenders should serve nearly all of the sentence they receive eventually developed into the 85% rule, which requires most offenders to serve at least 85% of their sentence before any type of release. With the elimination of parole, Florida courts often use post-release probation or other forms of conditional release to supervise people after prison.

Key Takeaways

The difference between probation and parole is important, as it reflects distinct strategies and philosophies in criminal justice reform. While both involve supervision, probation can happen either before or after incarceration, depending on the state in which you live. Whereas states who offer parole use parole exclusively as a post-prison discretionary sentence for early release.

In Florida, the abolition of parole was a purposeful choice to move towards fixed sentencing and allowing more predictable outcomes for offender sentencing. However, probation is still heavily relied upon in Florida and is used both to prevent incarceration and to monitor incarcerated individuals after they are released.

Thus, it is important that anyone looking to navigate the legal system understand these differences and the tools available to the court’s when it comes to sentencing.

Frequently Asked Questions

1. Can I get parole for a crime committed in Florida today?

No. Florida abolished parole for nearly all crimes committed after October 1, 1995. If you are sentenced in Florida today, you will serve a fixed term. The state now utilizes “Truth in Sentencing” laws, requiring most offenders to serve a minimum of 85% of their court-ordered sentence.

2. What is the difference between “front-end” and “back-end” probation?

Front-end probation is used as an alternative to jail or prison, often for first-time or non-violent offenders. Back-end probation (or “post-incarceration probation”) occurs after an individual has served their time behind bars, acting as a supervised transition back into the community.

3. What happens if I violate probation in Florida?

Violating probation (VOP) is a serious matter. Unlike a new criminal charge, you do not have a right to a bond in many VOP cases, and the burden of proof is lower. A judge can revoke your probation and sentence you to the maximum prison time allowed for the original underlying offense.

4. Why did Florida get rid of parole?

Florida moved away from parole to create more predictable outcomes in sentencing. By eliminating the discretionary early release granted by parole boards, the state ensured that the sentence handed down by a judge is almost exactly the amount of time an offender will actually serve.

5. How does a “split sentence” work in Florida?

A split sentence is a combination of incarceration followed by a period of probation. For example, a judge may sentence someone to 2 years in prison followed by 3 years of probation. This allows the state to maintain supervision over an individual long after they have left the prison gates.