Probation, parole, and supervised release

Probation and parole are alternatives to incarceration. Legally they are quite different, although in practice they are similar. Probation is imposed by a judge as an alternative to incarceration. Parole follows a period of incarceration, and who makes the decision to release an inmate on parole, if that possibility exists at all, varies considerably from one state to another.

The federal government abolished parole in 1987 (except for prisoners who began their sentences before that). Now, the offender serves about 87% of his prison term (the other 13% is time off for "good behavior", complying with prison rules), and then is placed on supervised release. The PROTECT Act allows for a lifetime term of supervised release for sex offenders, and the U.S. Sentencing Guidelines recommend imposing this maximum term on sex offenders.

• The offender is assigned to a probation/parole officer.
• The offender must agree formally to a long list of conditions. These may include:

• Finding and maintaining gainful employment.
• Complying with all laws (i.e., not getting arrested). Not using illegal drugs.
• Not possessing or viewing (legal) pornography.
• Not using the Internet, or using it only on a device with monitoring software installed.
• Not using Viagra or similar drugs, even with the offender's spouse.
• Not dating or having a romantic relationship with anyone of any age, without the nature of the offense being explained to that person first. Typically, this requires a visit to the probation/parole office.
• Not having contact with the victim(s).
• If the offence involved minors, not being at any place where minors might congregate (schools, parks, libraries).
• Having a curfew.
• Not being allowed to drive.
• Not to have contact with other criminals (which includes any friends made in prison).
• Being required to wear an ankle bracelet communicating the offender's location to the supervisor. The offender may be required to pay for the cost of this service.
• Not being leaving the county/state/country without written permission. Permission may entail checking-in with law enforcement at the destination.
• To attend and participate in sex offender treatment. The offender may be required to pay for the treatment.
• To allow warrantless, unannounced, searches of the offender's residence, vehicle, etc.
• To take and pay for polygraph ("lie detector") exams, as requested by the officer.

If conditions are violated, the offender may be sent, or returned, to prison. A failed polygraph or a negative report from a sex offender treatment provider may trigger this.

The list of conditions is so long and onerous that some offenders choose to go to or remain in prison rather than comply with them. If the offender serves the maximum sentence, he is released back into the community with no conditions (and no "help"), except for sex offender registration, if required.

Another shortcoming is the nature of the probation/parole officer. In theory this is a caring person who helps the offender find employment, housing, and reintegrate successfully into the community. Reality is often far from this theory. Officers may have heavy case loads (which they may resent). The officer may be cynical, burned out, homophobic, or a bigot. He or she may not conceal his or her distaste for the offense, and treat the offender in a demeaning fashion. Finally, just as with prison staff, there are some officers who are conscientious and fair. Others are neither, and may in fact be committing crimes (such as using drugs) which are prohibited to the offender.