The Difference Between Probation and Parole in Washington – Key Distinctions and Conditions

Probation and parole are both forms of supervised release, but they serve different purposes in Washington’s criminal justice system and occur at different stages of the process. While both involve living in the community under specific conditions, the legal authority, eligibility requirements, and potential consequences for violations vary. Understanding these differences is essential for anyone facing sentencing or seeking early release from prison.

What Is Probation?

In Washington, probation generally applies to misdemeanor and gross misdemeanor cases in district or municipal court. Probation is a sentencing alternative that allows an individual to remain in the community instead of serving their full sentence in jail. The court may impose probation for a set period, during which the defendant must comply with conditions such as attending treatment programs, performing community service, paying fines or restitution, avoiding new law violations, and reporting to a probation officer.

For felony cases in superior court, Washington uses the term community custody rather than probation, and it is administered by the Department of Corrections (DOC) rather than the local court system. Community custody can be ordered in place of some incarceration or in addition to it.

What Is Parole?

Parole in Washington is less common than in many other states because the state largely abolished discretionary parole for crimes committed after July 1, 1984, when it adopted determinate sentencing under the Sentencing Reform Act (SRA). However, certain offenders—such as those convicted before that date, some sex offenders, and individuals sentenced under specific statutes—may still be eligible for parole. Parole is granted by the Indeterminate Sentence Review Board (ISRB) and allows an individual to serve part of their sentence in the community under supervision after being released from prison.

Key Differences

The primary distinction is when the supervision occurs. Probation (or community custody) is generally ordered instead of incarceration or as part of a sentence that includes limited jail or prison time, while parole occurs after serving time in prison as a form of conditional release. Probation is ordered and supervised by the court (or DOC for felony community custody), whereas parole is granted by the ISRB and supervised by the DOC.

Conditions of Supervision

Conditions for both probation and parole may include maintaining employment, submitting to drug and alcohol testing, attending counseling, avoiding contact with certain individuals, staying within a specific geographic area, and refraining from committing new offenses. Violations can result in sanctions such as increased supervision, additional conditions, or incarceration.

Consequences for Violations

For probation violations, the court can impose penalties ranging from warnings to revoking probation and ordering the defendant to serve the remainder of their sentence in jail or prison. For parole violations, the ISRB or DOC can order the offender returned to prison to serve additional time, up to the remainder of their original sentence.

Although probation and parole in Washington both involve supervised release, they operate at different points in the criminal justice process and under different authorities. Whether you are facing sentencing or seeking early release, knowing the rules and conditions of supervision is crucial. The Law Office of Erin Bradley McAleer provides representation for clients dealing with probation or parole issues, helping protect their rights and navigate complex legal requirements. Contact us today for a free consultation.