Parole Violation Rules by State (2026)
How each state handles parole violation and the penalties, from each state's code.
| State | Parole violation |
|---|---|
| Alabama | When there is reasonable cause to believe a parolee violated parole, a parole officer or board member can have the Department of Corrections issue an arrest warrant, and the Board of Pardons and Paroles may declare the parolee delinquent. A parole court (the board, one board member, a revocation hearing officer or a designated parole officer) holds a hearing, generally within 20 business days or the parolee goes back on supervision, and decides whether the evidence supports the violation. For most technical violations the board may order up to 45 days of confinement in a jail or transition center, and parole can be revoked only after three such periods. Revocation for the rest of the sentence is required when the original crime was a Class A violent offense, a sex offense, illegal gun possession or aggravated theft by deception, and is allowed when the parolee absconded, had a gun, or was arrested or convicted of a new offense. Ala. Code 1975 §§ 15-22-31, 15-22-32 |
| Alaska | Alaska still has parole, decided by the Board of Parole. A parolee may be arrested with or without a warrant for a parole violation and is not entitled to bail. Within 15 working days of arrest, the board or its designee holds a preliminary hearing on probable cause and decides whether to release the parolee pending a final hearing (no release if the violation involved domestic violence); the preliminary hearing can be skipped if the final hearing is held within 20 working days. The final revocation hearing must be held within 120 days of arrest, the violation must be proved by a preponderance of the evidence, and the board may revoke all or part of the remaining parole or change the conditions. Time spent in custody awaiting revocation counts toward the unexpired sentence. AS 33.16.220, 33.16.240; AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Parole applies only to felonies committed before January 1, 1994, and to certain life sentences that allow parole; people who committed felonies on or after that date are released to community supervision instead. If there is reasonable cause to believe an offender violated community supervision, the Department of Corrections or a member of the Board of Executive Clemency can petition the board to revoke it, and the board's chair may issue a summons or arrest warrant. Hearing officers hold probable cause hearings, and the board may revoke community supervision and return the offender to prison for the rest of the supervision term, add conditions, or (if no new offense was committed) order electronic monitoring. A.R.S. §§ 41-1604.09(I), 31-402(C)(5), (G) |
| Arkansas | Parole violations are handled by the Post-Prison Transfer Board, which issues arrest warrants or notices to appear. A revocation hearing judge holds a preliminary hearing (scheduled within 7 days of arrest and held within 14) on whether there is reasonable cause to believe a condition was violated, and may return the parolee to custody or to supervision with added conditions. At the revocation hearing the board or its designee must find by a preponderance of the evidence that the parolee inexcusably failed to comply; the parolee may present evidence, cross-examine witnesses and have a lawyer. If parole is revoked for a technical or serious conditions violation, confinement periods set by § 16-93-715 apply, and a parolee charged with a violent or sex-registration felony must be held until the hearing. Ark. Code Ann. § 16-93-705 |
| California | California still has parole, but since 2013 most people leaving prison go on county 'postrelease community supervision' instead; state parole covers those released after serious or violent felonies, third-strike terms, high-risk sex offenses or mental-health treatment conditions. If a parole agent or officer has probable cause to believe a parolee violated a condition, the parolee may be arrested; the parole agency can add conditions, treatment or 'flash incarceration' of 1 to 10 days in jail. If those sanctions are not appropriate, the agency petitions the superior court to revoke parole. After finding a violation, the judge may return the person to parole with modified conditions (possibly including jail time), revoke parole and order up to 180 days in county jail, or refer the person to a reentry court; people on life parole are returned to prison and the Board of Parole Hearings. Cal. Pen. Code 3000.08; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | When a parolee is arrested for a violation, the community parole officer has 10 working days to either file a revocation complaint with the State Board of Parole or release the parolee, and the final hearing generally must be held within 30 days of arrest. The division of adult parole must prove a violation by a preponderance of the evidence, but a new crime must be proven beyond a reasonable doubt unless the parolee was convicted of it. Within five working days the board must revoke parole, continue it, or modify the conditions. The board may revoke for up to the rest of the parole period for a new crime or for serious violations (such as weapon possession, absconding, refusing sex offender treatment or contacting a victim), while for technical violations by people on parole for lower-level nonviolent offenses the board may order treatment as a condition of parole. C.R.S. § 17-2-103(4), (5), (7), (9)(a), (11) |
| Connecticut | Connecticut still has parole, run by the Board of Pardons and Paroles. A parolee can be returned to custody on the request of the Commissioner of Correction or the board without a written warrant. Revocation hearings are conducted by a board employee, and parole is revoked only if that employee recommends it and at least two members of a board panel approve. A returned parolee can be held for the unexpired part of the sentence, may lose earned time at the board's discretion, or may be paroled again; a person violating special parole can be held for the rest of the special parole period. Conn. Gen. Stat. §§ 54-127, 54-127a, 54-128 |
| Delaware | Delaware abolished parole for sentences under the Truth in Sentencing Act of 1989 (crimes committed after June 30, 1990); people released early from those sentences are treated as on probation, so violations go to the sentencing court. For the remaining parolees, the Board of Parole or a member can issue an arrest warrant (and officers can arrest without one), the Board must promptly hold a hearing, and if the violation is proved it may continue or revoke parole or make another order. A parolee convicted of a new crime serves the rest of the old term after the new sentence. 11 Del. C. §§ 4348, 4352, 4354 |
| District of Columbia | D.C. ended parole for felonies committed on or after August 5, 2000; those sentences are definite terms followed by supervised release (usually 3 or 5 years, and up to 10 years or life for sex offense registrants). The U.S. Parole Commission, a federal agency, supervises and decides violations for D.C. Code offenders on parole and supervised release, with day-to-day supervision by the Court Services and Offender Supervision Agency, which may impose intermediate sanctions. On revocation of supervised release a person can be returned to prison for up to 5 years (life-maximum or class A offenses), 3 years, 2 years or 1 year depending on the offense's maximum. D.C. Code §§ 24-403.01, 24-133 |
| Florida | Florida's parole law does not apply to anyone sentenced under the Criminal Punishment Code, so parole remains only for some older sentences. Instead, certain repeat, habitual and violent offenders and sexual predators are released on conditional release supervision by the Florida Commission on Offender Review. If a commissioner believes a releasee broke the terms, a warrant may issue; the releasee gets a hearing within 45 days before a commissioner, with rights to counsel, witnesses and evidence. A panel of at least two commissioners then decides and may return the person to prison to serve the sentence, reinstate the release, or order up to 22 months in a local jail as a condition of supervision. Fla. Stat. §§ 921.002(1)(e), 947.1405, 947.141, 947.21 |
| Georgia | Georgia still has parole, decided by the State Board of Pardons and Paroles. A parolee arrested on a board warrant generally gets an informal preliminary hearing near where the violation happened to decide probable cause (not required if the person absconded, waived it or was convicted of a new crime), followed by a final hearing before the board. The board may revoke parole and return the person to serve the sentence (with time on parole counted toward it), reinstate parole, or make another order, and must give written reasons. It must revoke the entire unexpired term if the parolee is imprisoned for a new felony or an injury-causing misdemeanor, and may revoke without a hearing after a new conviction. O.C.G.A. §§ 42-9-50, 42-9-51 |
| Hawaii | Hawaii still has parole: felony sentences are indeterminate, and the Hawaii Paroling Authority sets the minimum term and decides release. The authority may suspend parole and order a parolee arrested and returned to custody, and it must hold a revocation hearing within 60 days after the parolee's return, with notice of the alleged violations and a chance to be heard (no hearing is needed after a new Hawaii prison sentence or if the parolee left the state without permission). Parole may be revoked only for a stated cause; for certain technical violations confinement is limited to six months or the unserved term, and no one may be held past the maximum term. Haw. Rev. Stat. §§ 706-670, 353-66 |
| Idaho | Idaho has parole, run by the Idaho Commission of Pardons and Parole. A parole officer may arrest a suspected violator on an agent's warrant, and a commission warrant suspends parole until a revocation hearing. For a violation other than absconding or a new conviction, the parolee gets a fair and impartial hearing within 30 days of being served with the charges, before one or more commissioners or an impartial hearing officer (for absconding or a new conviction, within a reasonable time). If the violation is not proven by a preponderance of the evidence, or is not enough to revoke, the parolee is reinstated on the same or modified conditions; if it is, a dispositional hearing before the commission may impose sanctions up to revocation and sets how long the person returns to custody. A revoked parolee must serve out the sentence without credit for time on parole unless the commission decides otherwise. Idaho Code §§ 20-227, 20-1007, 20-1008, 20-1010 |
| Illinois | Illinois abolished discretionary parole for people sentenced under the 1977 law; they serve a fixed (determinate) sentence less good-conduct credit and are then released to a term of mandatory supervised release (MSR). The Prisoner Review Board decides violations of parole or MSR. A person charged with a violation gets a preliminary hearing before a Board hearing officer to decide whether there is cause for a revocation hearing (not needed when a court has found probable cause on new criminal charges or there is a new conviction), written notice of the alleged violation, and a revocation hearing before at least one Board member where they can answer the charge and bring witnesses. The Board may continue supervision (with or without new conditions), place the person in a halfway house, or revoke release and send the person back to prison, generally for the rest of the supervised release term less time already served on release. Release cannot be revoked for failure to pay unless the failure is a willful refusal. 730 ILCS 5/3-3-3(b), (c); 730 ILCS 5/3-3-9(a), (c)-(g); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | When a parolee is arrested for an alleged violation, a Department of Correction employee not involved in the case holds a preliminary hearing to decide whether there is probable cause (not required if the violation is a new conviction); the parolee may speak, call witnesses and cross-examine. A revocation hearing before at least one parole board member must be held within 60 days after a confined parolee is made available (180 days if not confined), or the charge is dismissed absent good cause. If a violation is found, the parole board may continue parole with or without new conditions, or revoke parole and order imprisonment; a new Level 1 or 2 felony requires revocation, and a new Level 3-6 felony allows it. The parolee receives a written statement of reasons and may instead admit the violation and waive the hearing, limiting sanctions to approved ones. IC 11-13-3-9, 11-13-3-10; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa has parole, granted by the Iowa Board of Parole. When a parolee is accused of a violation, an administrative parole judge (an attorney) holds a revocation hearing on the record to decide whether the violation happened and whether parole should be revoked; the parolee hears the evidence, may testify, present witnesses and cross-examine adverse witnesses, and the hearing may be held electronically. If a violation is proven, the judge may continue parole with or without changed conditions, revoke parole and require the person to serve the original sentence, or revoke parole and reinstate work release. For someone on a lifetime or 10-year special sentence for a sex offense, revocation is limited to up to 2 years in prison on a first revocation and up to 5 years on a later one. Iowa Code §§ 908.4, 908.5 (Iowa Code 2026) |
| Kansas | Kansas abolished parole for crimes (other than off-grid crimes) committed on or after July 1, 1993; those offenders instead serve a fixed period of postrelease supervision (generally 12 to 36 months by severity level) after prison. On an alleged violation of parole, conditional release or postrelease supervision, the secretary of corrections may issue a warrant or a parole officer may arrest, and the released person may be brought before the Prisoner Review Board for a hearing. If the violation is established, the board may continue or revoke release; for a postrelease supervision violation that is not a new crime, revocation means six months of confinement (reducible by up to three months for good conduct), and for a new felony or misdemeanor conviction the board sets confinement up to the remaining supervision period. K.S.A. 22-3717(d)(1), 75-5217(a)-(d) |
| Kentucky | Kentucky has parole, decided by the Kentucky Parole Board. A parole officer who believes a parolee (or someone on postincarceration supervision) violated release conditions may arrest without a warrant; the commissioner may recommend return to prison, and the board may issue a warrant. A prisoner returned to state custody for a violation must be heard by the board within 60 days on whether to re-release. Revocation and incarceration are meant for violations that pose a significant risk to victims or the community and cannot be managed in the community; otherwise graduated sanctions apply, and at a final revocation hearing the board may impose a 'supervision continuation sanction' of up to nine months in a jail, treatment program or halfway house, after which the person returns to supervision. KRS 439.430, 439.440, 439.3106 |
| Louisiana | Louisiana has ended parole for offenses committed on or after August 1, 2024, except for a few listed categories in R.S. 15:574.4 and 15:574.20. For people on parole, the committee on parole decides revocation after a hearing, at which the parolee may have counsel, admit, deny or explain the violation, and present evidence (unless the hearing is waived in writing). Parole may be revoked if the parolee failed without a satisfactory excuse to meet a condition and the violation involves a new felony or misconduct showing a substantial risk of a new felony or unwillingness to follow conditions; revocation needs two votes of a three-member panel. For technical violations, most parolees serve no more than 90 days for a first, 120 days for a second and 180 days for a third or later revocation, then return to supervision; these caps do not apply to violent or sex offenders. La. R.S. 15:574.22; R.S. 15:574.9(A)-(B), (E), (H) |
| Maine | Maine's parole statutes apply only to people serving sentences imposed under the law in effect before May 1, 1976, so parole is not available for sentences under the current criminal code. For those remaining parolees, the State Parole Board may revoke parole when a condition is violated, and a parolee who commits a new crime punishable by a year or more serves the new sentence after the first one ends. 34-A M.R.S. §§ 5801, 5802, 5807 |
| Maryland | When a parolee is alleged to have violated a condition of parole, one commissioner of the Maryland Parole Commission holds a revocation hearing; the parolee may have a lawyer of his or her choice or a public defender, and a record is kept. If a violation is found, the commissioner may revoke parole and return the person to prison with a future reparole hearing date, or continue parole with or without new conditions such as home detention. For technical violations, imprisonment is presumptively limited to 15 days for a first, 30 days for a second and 45 days for a third violation unless the commissioner finds on the record a risk to public safety, a victim or a witness; for a fourth technical violation or a new-crime violation, the commissioner may order the person to serve any unserved part of the original sentence. Md. Code, Corr. Servs. § 7-401 |
| Massachusetts | The Massachusetts Parole Board grants and revokes parole permits. When a permit is revoked, the Board may order the parolee's arrest and return to the prison or jail where the sentence was imposed, and the person is held under the original sentence. Time between release on parole and the issuance of a parole violation warrant counts toward the sentence, but time between issuance and service of the warrant does not; if the parolee is convicted of a new crime, the warrant generally is not served until the new sentence ends. G.L. c. 127, § 149 |
| Michigan | The Michigan Parole Board may revoke parole for cause, and must revoke it for a willful sex offender registration violation, certain drug crimes punishable by 4 or more years, or a violent felony committed on parole. For violations other than a new conviction, a fact-finding hearing must be held within 45 days after the parolee is returned, before one parole board member or an attorney hearings officer; the parolee gets written notice of the charges, full disclosure of the evidence, the right to a retained or appointed lawyer, to testify, present witnesses and documents, and to cross-examine adverse witnesses. A violation must be proved by a preponderance of the evidence; if it is not proved, the parolee is reinstated, and if it is, the board decides whether to revoke and must give written findings and reasons within 60 days. MCL 791.240a |
| Minnesota | Minnesota uses supervised release rather than discretionary parole: every person leaving prison serves a supervised release term after the prison term (as reduced or extended under the law). If a person violates release conditions, the Commissioner of Corrections may continue release with modified conditions or a specialized caseload, or revoke release and return the person to prison for up to the time remaining on the sentence. Before revoking for a technical violation, the commissioner must identify alternative interventions when the person is not a public risk and is amenable to community supervision, and must use them if appropriate and available. Minn. Stat. § 244.05, subds. 1, 3 |
| Mississippi | The Parole Board decides parole violations. The board may issue a warrant, or a field officer may arrest a parolee without one; a preliminary hearing on reasonable cause must be held within 72 hours of arrest on a warrant, and a detained parolee must get a revocation hearing within 21 days or be released back to parole. A new felony conviction for a crime committed on parole requires revocation. For technical violations, the board sends the parolee to a technical violation center for up to 90 days on a first revocation, up to 120 days on a second, up to 180 days or the rest of the sentence on a third, and up to the rest of the sentence after that; the board may also continue or modify parole. Miss. Code Ann. § 47-7-27 |
| Missouri | The Division of Probation and Parole or a parole officer may issue a warrant to arrest a parolee for violating parole or conditional release, and the parolee is held without bail pending a hearing. The parolee has a right to a preliminary hearing unless waived. The Parole Board then discharges the person, orders placement in a Department of Corrections treatment center, or holds a violation hearing; if a violation is found, the board may continue or revoke parole or enter another order, and decides how much of the time on the run or in custody counts toward the sentence. RSMo § 217.720 |
| Montana | A hearings officer first decides whether there is probable cause of a parole violation; if so, the parole officer reports to the Board of Pardons and Parole, which brings the parolee before a hearing panel. For a 'compliance' (technical) violation, the panel can act only if the department's graduated responses have been used up, and may then continue parole, with or without new conditions such as up to 9 months in a secure or community corrections facility. For other violations the panel may continue parole, add conditions including up to 9 months of placement, or revoke parole, and it decides how much violation time counts as time served. MCA § 46-23-1025 |
| Nebraska | For technical or substance-abuse violations, parole officers use graduated sanctions, the most severe being 30 days in a correctional or contract facility instead of revocation. A parolee charged with a violation is entitled to a hearing before the Board of Parole within 30 days of the officer's written report, with rights to be present, testify, present witnesses and, in some cases, counsel. If the board finds criminal conduct it may revoke parole; for other violations it may reprimand, intensify supervision, forfeit good time, impose up to 30 days of custody (60 days total), or add conditions. A revoked parolee returns to prison until mandatory discharge or reparole. Neb. Rev. Stat. §§ 83-1,119, 83-1,120, 83-1,122, 83-1,123 |
| Nevada | A parole officer may arrest a parolee on a Board order or on probable cause, and an inquiry on probable cause must be held within 15 working days of arrest (a new conviction itself establishes probable cause). For technical violations, the Division must first use graduated sanctions such as up to 10 days in jail at a time (30 days total) or electronic monitoring. If those are exhausted, the State Board of Parole Commissioners, which must consider the case within 60 days of the parolee's return to custody, may continue parole, temporarily revoke it for up to 90 days (first) or 180 days (second), or fully revoke it on a third revocation. For non-technical violations, revocation forfeits good-time credits and the Board sets how much of the remaining sentence is served. NRS 213.151, 213.15101, 213.1511, 213.1517, 213.1519 |
| New Hampshire | When the Adult Parole Board revokes parole, the parolee is recommitted to prison for 90 days (or the rest of the maximum sentence, if shorter) and must meet parole criteria before being released again. The board may impose a longer recommittal, with written findings, for a repeat violator, a parolee serving a sex, child or violent offense, conduct that is criminal or very serious, or conduct related to the person's offense pattern, and the parolee may ask for a hearing every 6 months. The board may impose less than 90 days for a first violation unrelated to the offense, or after a residential substance abuse program. Time between arrest and revocation counts toward the sentence. RSA 651-A:19 |
| New Jersey | The State Parole Board decides. A parolee who violates a condition of parole may be given added conditions or lose commutation (good-time) credits; a parolee who has seriously or persistently violated conditions may have parole revoked and be returned to custody. Revocation requires a hearing before a hearing officer within 60 days after the parolee is taken into custody, with written notice and the rights to a lawyer, to confront witnesses and to present evidence; a board panel may revoke parole if there is clear and convincing evidence of a violation, or may modify or continue parole. Parole is revoked for a new crime committed on parole unless the parolee shows good cause by clear and convincing evidence. Parole may not be revoked based on certain marijuana offenses. N.J.S.A. 30:4-123.60, 30:4-123.63 |
| New Mexico | After serving a prison sentence, an inmate must undergo a parole period: 2 years after a first, second or third degree felony and 1 year after a fourth degree felony (different periods for certain sex offenders and for life sentences). During parole, the parole board or the corrections director may issue a warrant or notice to appear for a violation of release conditions, and the person stays in custody pending a hearing. The parole board must promptly hold a parole revocation hearing; if the violation is established, the board may continue or revoke parole or enter any other order it sees fit, and decides whether time between the violation and arrest counts toward the sentence. NMSA 1978, 31-21-10(F), 31-21-14; NMSA 1978, 31-18-15, 31-19-1 |
| New York | New York still has parole for some sentences and post-release supervision for determinate sentences; the Department of Corrections and Community Supervision and the Board of Parole handle violations. A parole officer reports a suspected violation and a notice of violation or warrant may issue; a preliminary hearing is held within 5 or 10 days (probable cause by a preponderance of the evidence) and a final revocation hearing within 30 or 45 days, where a charge must be proved by clear and convincing evidence. For most technical violations (non-criminal rule breaks), jail is barred or capped: no reincarceration for a first or second violation and up to 7, 15 or 30 days for later ones, with short caps for absconding, and the officer must impose the least restrictive reasonable sanction. If charges are sustained, the person may be restored to supervision, sent to community re-entry services, or reincarcerated (for post-release supervision, up to the remaining term, at most 5 years). N.Y. Executive Law 259-i(3) |
| North Carolina | Most felony sentences in North Carolina end with post-release supervision rather than discretionary parole, and the Post-Release Supervision and Parole Commission handles violations. For a violation it may continue supervision (with or without new conditions) or revoke it, following a hearing process in a separate section. People on supervision for sex offenses, those who violate a required controlling condition and those who abscond can be returned for the rest of the maximum term; for others, revocation means three months in prison, up to three months on each of two later revocations, and after that Class B1-E felons may be returned for the remaining term. N.C. Gen. Stat. 15A-1368.3 |
| North Dakota | North Dakota has a parole board. When a parolee is alleged to have violated parole conditions, the director of the Department of Corrections and Rehabilitation may issue an arrest warrant, and the parole period stops running. The parolee gets a prompt preliminary hearing before a disinterested hearing officer to decide probable cause, then a final revocation hearing before the parole board, with written notice, the right to be heard and present witnesses, the right to confront adverse witnesses (unless that would risk harm to a witness), and a written decision. If the board finds a violation, it may order the parolee recommitted to serve all or part of the unserved sentence; a parolee who absconded may be ordered to pay the costs of return. N.D.C.C. 12-59-15 |
| Ohio | The Adult Parole Authority supervises people on parole and on post-release control (supervision after a prison term). A field officer with reasonable cause to believe a condition was violated may arrest the person without a warrant. Before parole is revoked or a new prison term is imposed as a post-release control sanction, the person gets a hearing under department rules, unless the revocation is based on a conviction for a new offense. For post-release control violations the parole board may impose a prison term of up to nine months per violation, with all violation terms together capped at one-half of the original stated prison term (or of the minimum term for indefinite sentences); it should consider prison when the violation involves a weapon, physical harm or sexual misconduct. R.C. 2967.15(A)-(B), 2967.28(F) |
| Oklahoma | Oklahoma still has parole. When a parole officer has reasonable grounds to believe a parolee violated parole conditions, the Department of Corrections may issue an arrest warrant, and the parolee is jailed to await action by the Governor (for parole the Governor granted) or the Pardon and Parole Board by majority vote (for parole the Board granted) on whether to revoke parole. Parole time stops running once the warrant issues. Instead of revocation, the Department may place the parolee in an intermediate sanctions facility for discipline and programs. 57 O.S. § 516 |
| Oregon | For felonies committed on or after November 1, 1989, Oregon replaced parole with post-prison supervision; parole remains only for older crimes and for murder and aggravated murder. A post-prison supervision violation is first handled by the supervising agency with a continuum of sanctions (closer supervision, new conditions, community service, electronic monitoring, or jail of up to 15 days, longer only through a local sanction or board hearing). For new crimes or when those sanctions are not enough, the Board of Parole and Post-Prison Supervision holds a hearing and may impose jail or prison time up to limits set by Criminal Justice Commission rules. For parolees, the Board holds a probable-cause and violation hearing with written notice, a right to confront witnesses and, in some cases, appointed counsel, and may continue parole, impose sanctions, or revoke parole so the person serves the rest of the sentence. ORS 144.050, 144.106, 144.108, 144.343 |
| Pennsylvania | Pennsylvania still has parole, and the Pennsylvania Parole Board decides violations. A parolee convicted of a new crime punishable by imprisonment may have parole revoked at the Board's discretion and be recommitted to serve the rest of the term, generally without credit for time on parole (the Board may give credit except for violent or registrable sex offenses). For technical violations without a new conviction, the parolee may be detained and, after a hearing or waiver, recommitted, generally for up to 6 months for a first recommitment, 9 months for a second and 1 year for later ones, then automatically reparoled; certain sexual, assaultive or weapon violations or absconding require a state prison or county jail setting. A short swift-sanction detention of up to 7 days is also allowed, and revocation decisions may be appealed to the Board within 30 days. 61 Pa.C.S. §§ 6138(a), (c), 6139, 6113 |
| Rhode Island | Rhode Island still has parole. The parole board may revoke parole by a majority vote of all members if the parolee violated a condition or any state law. For a violation involving a new criminal charge the board chair issues a warrant for arrest and detention at the Adult Correctional Institutions; for a technical violation without a new charge the chair may do so. The parolee gets written notice within 5 days and a preliminary revocation hearing before a hearing officer within 10 days of the notice, with rights to speak, call witnesses, confront adverse witnesses and, in some cases, appointed counsel; charges are dismissed if the hearing is not held on time. If the board does not revoke, the parolee is released on the original terms. R.I. Gen. Laws §§ 13-8-18, 13-8-18.1 |
| South Carolina | South Carolina still has parole for eligible offenses, while people convicted of 'no parole' offenses serve community supervision instead. For parole, the parole agent issues a warrant or citation, the person may be released on bond for good cause, and the Board of Paroles and Pardons makes the final decision; it may revoke parole and require the person to serve all or part of the unserved sentence, and its decision cannot be appealed. A hearing officer holds preliminary probable-cause hearings and may impose administrative sanctions instead of sending the case for revocation. For community supervision, a General Sessions judge decides; on a willful violation the judge may revoke and impose up to 1 year, followed by up to 2 more years of supervision. S.C. Code §§ 24-21-680, 24-21-110, 24-21-5(6), 24-21-560 |
| South Dakota | South Dakota still has parole, supervised by agents of the Board of Pardons and Paroles. Agents respond to each violation with graduated sanctions, from a written reprimand, treatment programs, extra drug testing or community service to house arrest or jail, up to a violation report asking the Board to return the parolee to prison. The Board's executive director may issue an order to show cause why parole should not be revoked, and if the Board finds a violation it may revoke parole and reinstate the original sentence (and deny credit for time on parole) or modify the conditions and restore parole. After revocation, the Board sets a new discretionary parole date no more than two years away. SDCL 24-15A-24, 24-15A-27, 24-15A-28, 24-15A-29 |
| Tennessee | Tennessee has parole, decided by the Board of Parole. When a parole officer's warrant is served, the parolee gets a probable cause hearing (unless the revocation hearing is held within 14 days) and a revocation hearing before a board member or hearing officer, where they can respond to the charges. For violations that do not involve a new felony, new Class A misdemeanor, a zero-tolerance violation, absconding or contacting the victim, jail is capped at 15 days for a first revocation, 30 for a second and 90 for a third; a fourth, or a serious violation, can mean serving the rest of the sentence. The board may also order other punishment or reparole after a diversion program. Tenn. Code Ann. § 40-28-122 |
| Texas | Texas has parole and mandatory supervision, decided by the Board of Pardons and Paroles. A person accused of violating release conditions is entitled to a hearing before a parole panel or a board hearing officer, generally within 41 days of the warrant for administrative (technical) violations or 91 days for an alleged new offense not yet charged. After the hearing, a parole panel may continue, modify or revoke release; modifications can include 60 to 180 days in county jail or transfer to an intermediate sanction facility. On revocation the person may have to serve the rest of the sentence, and in many cases loses credit for time spent on parole. Tex. Gov't Code §§ 508.281, 508.282, 508.283 |
| Utah | Utah has parole, granted and revoked by the Board of Pardons and Parole. A parolee held for a suspected violation cannot be kept more than 72 hours (excluding weekends and holidays) without a warrant; after a probable cause finding, the board or its hearing examiner holds a hearing with written notice, the right to be present, present evidence and cross-examine witnesses. The board decides by majority vote and may return the person to parole, order damages or other conditions, or order imprisonment up to the maximum sentence, generally following the state's sentencing and supervision guidelines. Jail time awaiting the revocation decision counts toward the incarceration ordered. Utah Code § 77-27-11 |
| Vermont | Vermont has parole, decided by the Parole Board. When the board has reason to believe a parolee violated parole, it may issue an arrest warrant or an order to appear, and a designated correctional officer may arrest without a warrant. The parolee is held pending a prompt hearing before the board, with no right to bail (though the board may authorize release). If the violation is established by substantial evidence, the board may continue or revoke parole or enter another order; if no violation is found, the parolee is credited with the time lost. 28 V.S.A. §§ 551, 552 |
| Virginia | Virginia abolished parole for felonies committed on or after January 1, 1995, with narrow exceptions (certain older jury-sentenced cases and people who committed their crimes as juveniles and have served 20 years). Instead, courts add a suspended term of 6 months to 3 years with post-release probation, which the court can revoke. For people still on parole, a hearing officer holds a preliminary probable-cause hearing (with appointed counsel available), then the Parole Board holds a hearing and may revoke parole and return the person to prison for the unserved portion of the sentence, or reinstate parole with new conditions. Va. Code §§ 53.1-165.1, 53.1-165, 19.2-295.2 |
| Washington | Washington ended parole for most felonies committed on or after July 1, 1984; instead, people serve 'community custody' supervised by the Department of Corrections. For violations, the department uses a structured process: low-level violations get non-jail sanctions or up to 3 days in jail, and high-level violations up to 30 days per hearing, after a hearing; the court may also impose up to 60 days per violation. A person serving an indeterminate sex offense sentence, or released early to community custody, may be returned to confinement for up to the rest of the sentence. RCW 9.95.900, 9.94A.633, 9.94A.737 |
| West Virginia | West Virginia has parole. If there is reasonable cause to believe a parolee violated a condition, the parole officer may arrest the parolee or the Commissioner of Corrections may issue a warrant. For a technical violation (not absconding, new criminal conduct, or breaking a special condition protecting the public or a victim), the officer, with written approval, may impose up to 60 days of confinement for a first violation and up to 120 days for a second, and the parolee may request a Parole Board hearing. For absconding, new crimes (other than minor traffic or simple drug possession) or violating a protective special condition, a Parole Board panel holds a hearing, with the parolee and counsel able to attend, and may revoke parole and order the remainder of the maximum sentence served. A felony conviction during parole is itself proof of a violation, and certain listed crimes require return to prison for the rest of the sentence with no further parole. W. Va. Code § 62-12-19 |
| Wisconsin | Wisconsin ended parole for felonies committed on or after December 31, 1999 (and misdemeanors on or after February 1, 2003): those prison sentences are 'bifurcated' into prison time followed by extended supervision, with no parole. If a person on extended supervision violates a condition, the Department of Corrections may take custody to investigate; if the person signs a statement admitting the violation, the department may impose up to 90 days of confinement as a sanction. Otherwise, the Division of Hearings and Appeals (after notice and a hearing, unless the person waives it) may revoke extended supervision and return the person to prison for any period up to the time remaining on the sentence; the decision may be reviewed by certiorari. People sentenced for older crimes remain under parole rules, with administrative hearings on alleged violations. Wis. Stat. §§ 973.01(1), (6), 302.113(8m), (9), 304.06(3) |
| Wyoming | Wyoming has parole. A parolee remains in the legal custody of the Board of Parole and may be returned to prison for violating a condition. Before seeking revocation, the agent must hold a hearing (unless waived; a preliminary hearing is not required when the violation is a new felony conviction), with written notice, the right to consult others, confront accusers, and present evidence; for people paroled by the board, the hearing is before the board's executive director or a designated hearing officer. Minor compliance violations are handled with administrative sanctions, and the board must consider a sanction before ordering a violator to serve the remainder of the original sentence, which is the default result of revocation unless the board orders otherwise. W.S. 7-13-403, 7-13-408 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.