Frequently Asked Questions
Q: What is the
difference between probation and parole?
A: Probation
is the imposition of a sentence requiring a period of Court supervision.
It can also require the offender to abide by certain special conditions
while under supervision. The period of supervision is for a fixed period
of time and may include a condition that the offender serve time in
prison.
Parole occurs when an offender is sentenced to serve time in prison, but is released with certain conditions under supervision prior to serving the entire sentence. In Pennsylvania, an offender receives a minimum and maximum sentence. At the expiration of that minimum sentence, the offender may be considered for release to the community under supervision and restrictions by the Court.
NOTE: With the exception of DUI cases, sentences in which the maximum period of incarceration equals or exceeds twenty-four months, parole jurisdiction rests with the Pennsylvania Board of Probation and Parole. Most cases which are supervised by parole board agents are inmates paroled from a State Correctional Institution. This is known as a "State Sentence."Q:
What happens if I violate my probation or
parole in Franklin County?
A: The Franklin County Probation Department
policy allows for a large number of options for a person in violation of
their probation or parole rules. These range from a verbal warning to
incarceration. Other possible sanctions could be an increased level of
supervision, placement in an inpatient/intensive outpatient substance
abuse program or placement on the home arrest program.
In cases where the probationer or parolee is seen to be a threat to the community or has committed new misdemeanor or felony charge(s), that individual may be incarcerated until such time as a violation hearing may be held before the Court.
Q: How much time
will I get for a probation violation?
A: At the time of the violation hearing in
probation cases the Court may keep the defendant on probation with
additional conditions, re-sentence the offender to a prison term or a
combination of the two, placing the defendant in jail as a condition of
probation.
Q: How much time
will I get for a parole violation?
A: Unless specified by the Court, parole
"set-back" times are determined by written policy based on the nature of
the underlying violation, and how many prior violations the defendant
has committed. In addition, the level of cooperation the defendant has
shown and the general progress in his/her parole plan has great bearing
on the length of recommitment.
Q: What are the
arrest powers of probation officers in Pennsylvania?
A: Under PA Act 277, August 6, 1963 and
amended by PA Act 1992-117, December 4, 1992, probation/parole officers
shall have the powers of Peace Officers in the performance of their
duties and shall have police powers and authority throughout the
Commonwealth to arrest with or without warrant any person on probation,
intermediate punishment or parole for any violation of probation,
intermediate punishment or parole.
Q: Can my house be
searched without a warrant?
A: Yes.
All persons on probation or parole, with the exception of A.R.D. cases,
are advised when they sign the rules for Supervision that: "My person
property and residence is subject to search without warrant by officers
of the Franklin County Probation Department. Any items, the possession
of which constitutes a violation of probation/parole are subject to
seizure and may be used as evidence against me at parole/probation
violation proceedings."
Additionally, any items which are illegal, i.e.: drugs or weapons, will be turned over to the police department having jurisdiction for filing of criminal charges.
Q: May I drink
alcoholic beverages while on probation or parole in Franklin County?
A: Again, this is normally a question that
is left to the discretion of the supervising officer. In the case of DUI
offenders who are on parole following the service of their mandatory
minimum prison sentence, consumption of beverages containing alcohol is
specifically prohibited by Court Order.
In all cases, alcohol should be consumed with extreme caution as it affects judgment and leads to poor decision making. This often results in behavior which is contrary to the rules of supervision and causes a violation of probation or parole.
Q: I thought my
P.O. was supposed to help me?
A: The probation/parole officer's first
responsibility is to protect the community. If that primary goal can be
reached through counseling or other rehabilitative programs, the P.O.
will usually do everything in their power to see that help is obtained.
In some cases, however, community safety requires the officer to
provide close supervision and a more enforcement oriented approach.
