Federal Public Defender

  Northern District of California

Barry J. Portman

Federal Defender

Frequently Asked Questions About Parole

What is the difference between supervised release and parole?

Supervised release and parole are similar in many ways. Supervised release and parole are both forms of post-incarceration supervision by the United States Probation Office. The rules and regulations governing supervised releasees and parolees are similar. Violations of either supervised release or parole can result in additional time in custody. Both supervised releasees and parolees are entitled to an attorney when charged with violating the terms of their release. There are, however, important differences between parole and supervised release.

Persons sentenced in federal court for conduct occurring before November 1, 1987 were sentenced under so-called “old law” or “pre-Guidelines” law and are subject to parole. Parole involves release from incarceration before the end of a sentence. Parole is a form of custody served in the community under the supervision of the Probation Office and under the jurisdiction of the United States Parole Commission. Parolees remain in the custody of the Attorney General while on parole. Violations of parole are handled by the Parole Commission. Parolees are not entitled to a hearing before a federal judge.

Supervised release is an additional term of supervision that must be completed after a person completes his or her term of federal custody. It applies to persons sentenced for offenses committed after November 1, 1987. Such persons are subject to the United States Sentencing Guidelines (also known as “new law” or “Guidelines” law) and are not entitled to release parole before the end of a sentence. Persons on supervised release are supervised by the Probation Office, and remain under the jurisdiction of the United States District Court. Violations of supervised release are handled by the District Court, and supervised releasees are entitled to a hearing before the District Court.

I was sentenced under “old law” and am now on parole. The Parole Commission has issued a warrant against me. What will happen now?

A parolee against whom a warrant or summons has been issued will either be taken into custody or be summoned to appear at a hearing. In the Northern District of California, parolees are usually held at FDC-Dublin. Unless a parolee has been convicted of a new offense, a Probation Officer will personally advise him/her of their legal rights, including the right to an attorney and the right to present witnesses. The Probation Officer will conduct a preliminary interview, which may be postponed to allow you to obtain a lawyer for the preliminary interview. The parolee has the right to an attorney at the preliminary interview, and if you cannot afford one, one will be appointed for him or her.

At the preliminary interview, the Probation Officer will discuss the charges which have been placed against you and will then submit a report to the Commission. In this report, the Probation Officer will recommend whether there is “probable cause” to believe that a violation has occurred and whether you should be held in custody pending a revocation hearing or be reinstated to supervision. The Probation Officer will advise you of the recommendation and the basis for it.

After the Probation Officer’s report is received, the Regional Commissioner will either order you reinstated to supervision or order you held for a revocation hearing by a Hearing Examiner. You also have the right to an attorney at a revocation hearing. Again, if you cannot afford an attorney, one will be appointed for you.

If you have been convicted of a new state or federal offense, you are not entitled to a preliminary interview because the conviction is sufficient evidence that you violated the conditions of release. In such case, you may be transported without delay to a federal institution, usually at the FRC-Oklahoma, for a revocation hearing.

How do I get an attorney for a preliminary interview or a revocation hearing in a parole violation case?

You may contact the Federal Public Defender’s Office in Oakland and ask to speak to the parole attorney. You may also ask the Probation Office or the FDC-Dublin case manager to contact the Federal Public Defender’s Office in Oakland to request counsel. If you qualify financially, counsel will be appointed for you.