Absconder From Parole

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Parole is a beacon of hope for many in the criminal justice system. It allows inmates to reclaim their lives, rectify their past mistakes, and embark on a journey of personal transformation.

Unfortunately, while parole can foster change and reformation among felons, absconding can derail and waste this fragile chance. In the U.S., around 10% of probationers and parolees jeopardize their possibility of a new life by absconding.

This article delves into the multifaceted nature of absconding from parole or probation, including its definition, consequences, causes, and potential future complications.

Locating an inmate and their correctional facility becomes essential when supporting a parolee and convincing them to adhere to their supervised sentence.

Fortunately, LookUpInmate.org provides valuable resources for family members and loved ones to check criminal records to ensure inmates comply with their parole conditions.

What Does It Mean to Be Absconded From Parole or Probation?

To be absconded from parole or probation, in legal terms, means you have intentionally left the jurisdiction of the court without supervision. In other words, absconding means fleeing and failing to meet the conditions of the Department of Corrections (DOC).

What Does Abscond Mean?

You’re an absconder if you violate the terms and conditions of your release, such as changing your residence and failing to report or willfully not disclosing your whereabouts to your parole or probation officer.

Let’s say you’re serving parole for a drug-related offense. To avoid jail time, you may seek parole. If you’re eligible, you may be required to report to a parole officer under the conditions of your release.

If you fail to uphold your parole guidelines, such as stopping meeting with your parole officer, failing to give a valid address, or cutting off all contact with your supervising officer or law enforcement agency, you’re absconding from parole.

Absconding Is a Violation of Probation or Parole

Understanding that willful absconding is a severe violation of probation and parole guidelines is crucial. When you abscond, you’re essentially breaking the law by evading your legal obligations and disregarding the terms set by the court.

Consequences of Absconding

When you abscond, whether intentionally or not, from parole or probation, you may face severe consequences. Law enforcement agencies, such as the DOC, take parole and probation violations seriously.

The products of absconding may include the following:

  • Revocation: Absconding can lead to your parole or probation revocation, leading to your immediate return to custody. This results in you completing the remainder of your original sentence in a correctional facility.
  • Additional Charges: If you commit new crimes, even misdemeanors, while on the run, you may face additional charges that can further complicate your legal situation.
  • Revocation Hearing: Absconding generally triggers a revocation hearing. When this happens, a parole board or court will review your case and decide whether to revoke your parole or probation status.
  • Extended Supervision: Absconding typically leads to extended or much stricter community correction supervision conditions.

What Is a Motion to Revoke Parole?

Suppose you’re a parolee, and your probation officer discovers you have violated the terms of your release. In that case, they may file a violation report to the District Attorney.

When the District Attorney believes a parole violation occurred, they can file a motion to revoke the conditional release.

A motion to revoke parole can result in the District Attorney issuing an absconder warrant. Once that warrant is executed, the court will schedule a revocation case and initial appearance. You will be pursued, and if proven guilty, will result in your incarceration.

What Causes Felons to Abscond?

Several factors can contribute to why felons abscond from parole or probation. As a parolee or probationer’s family member or loved one, you must understand these factors and shed light on the motivations behind such actions to support them.

Factors in Absconding

Various factors can contribute to an individual’s decision to abscond from parole or probation. These factors may include:

  • Desperation: Desperate circumstances, such as difficulty finding employment or maintaining stable housing, may drive an individual to abscond for a better situation.
  • Stress: Some individuals abscond out of fear of facing the repercussions of their actions, including the possibility of returning to prison. This fear may lead to stress, which can prompt ex-inmates to commit new crimes.
  • Lack of Support: Probation and parole absconders often lack access to support systems and positive influences around them. Some absconders may even experience harassment from family members.
  • Substance Use Issues: Parolees and probationary inmates struggling with substance abuse problems may abscond to avoid drug tests or the restrictions imposed on their behavior.
  • Mental Health Challenges: Mental health issues can significantly impact a parolee or probationer’s ability to reintegrate into society and, by extension, adhere to parole or probation requirements, leading to absconding.

Supporting a Felon in Not Absconding Parole or Probation

Family members, friends, and support networks are critical in helping felons avoid absconding from their sentence.

If you’re a loved one of someone on parole or probation, here are some things you can do to help them complete their community service:

  • Understanding jurisdiction: Your loved one must understand the boundaries of their jurisdiction and the consequences of crossing them. Take the time to discuss and clarify any questions they may have with their parole or probation officer.
  • Encouraging employment: Supporting your loved ones to find and maintain employment can help them reenter society. A job provides financial stability and helps them build a sense of responsibility and discipline.
  • Embracing the community: Encourage your loved one to engage in positive community activities and hobbies. By connecting with like-minded individuals, they can find purpose, stay busy, and avoid falling back into old patterns.
  • Choosing supportive friends: Remind your loved one that the company they keep can significantly influence their behavior and choices. Please encourage them to surround themselves with motivated individuals with positive habits and aspirations.
  • Effective communication with parole officer: Stress the importance of maintaining open and respectful communication with their parole officer. Encourage your loved one to seek guidance and permission and adhere to their conditional release conditions.

What Is Parole?

Parole is a form of conditional release, where you’ll complete the remainder of your sentence under community supervision if you abide by certain conditions and regulations when granted parole.

The purpose of parole is to support your successful reentry into society while promoting public safety and preventing unnecessary imprisonment for committing new crimes. Parole provides support through a U.S. probation officer.

A parole officer’s job is to ease an inmate’s transition back into the community and reduce the likelihood of new charges by providing guidance and resources and addressing challenges like employment, housing, and finances.

Parole Conditions

When a parole board grants parole, it also sets the requirements one must meet during your period of parole supervision. The Notice of Action, a document an inmate receives once released, indicates the conditions they must abide by.

While there are general rules of parole one must follow, such as obeying all federal laws and periodically checking in with a parole officer, special parole conditions can vary from state to state.

For instance, conditional release in Texas may require parolees to wear an electronic monitoring device or submit to mandatory education.

Check out LookUpInmate.org to access a database of over 7,000 U.S. correctional facilities, including state-specific resources on parole conditions.

Eligibility For Parole

Eligibility for parole can vary depending on the severity of the crime committed and the state’s laws.

Inmates convicted of serious crimes like murder and rape generally don’t get the opportunity for parole. Some states, like California, Florida, and New York, offer life sentences without parole.

Generally, an individual may be eligible if they demonstrate good behavior and have served a significant portion of their sentence, such as a third or half. Parole eligibility can also depend on an inmate’s correctional facility.

Discover valuable resources, including details on prison eligibility regulations and an inmate’s release date, with LookUpInmate.org and ease their transition back to society.

Eligibility Factors

The parole board considers several factors when deciding whether one is eligible to be released on parole.

Let’s say you’re an inmate who wants to know if you’re eligible for parole. The following factors can help determine whether you should be granted parole and whether you’re ready to reintegrate into society is safe.

  • Your Age: How old were you when you committed the crime? How old are you now?
    In California, younger offenders are given a shot at early release because they have more chances to change their ways.
  • Criminal History: Your criminal record is a big deal. Parole boards look at prior convictions and the types of crimes committed. Serious or repeated offenses make it harder to get parole, while a history of minor infractions increases your chances.
  • The severity of the crime: Parole boards will examine the nature and seriousness of your crime. While misdemeanors like a DUI (driving under the influence) are still criminal offenses, they are less severe than felonies like murder.
  • Marital Status: Believe it or not, your marital status can impact your eligibility. Being married or having a committed partner can demonstrate stability, which can boost your chances of being granted parole.
  • Parental Status: Parole boards understand the importance of family connections and will consider your parental status and how that may affect the well-being of your children.
  • Mental Condition: It’s crucial for parole boards that you receive access to proper treatment and support once you’re out. Having the necessary mental health resources and a solid reentry plan can increase your likelihood of getting parole.
  • Length of Incarceration: Parole boards consider the time you’ve served behind bars and how much of your sentence is left. This information helps parole boards decide if conditional release is the right option for your case.
  • Intention for Earning a Livelihood through Proper Means: Are you serious about finding lawful employment after your release? Showing your commitment to making a living the right way can improve your chances.

What Is Probation?

Like parole, probation allows you to serve your prison sentence, not behind bars. As part of your probation, you must follow a judge’s rules, including meeting with a probation officer or engaging in community service.

While parole and probation are alternative options to serving time in county jail or federal prison, they are not the same. The main difference is whether you’ve already done time or not, as probation is usually part of the beginning of your sentence.

Who Is Responsible During the Probation and Parole?

The ones in charge are the probation and parole officers. However, they also work hand in hand with law enforcement, the DOC, and other groups, such as community residential centers and social workers, to ensure probationers and parolees follow their supervision rules.

FAQs

1. What does absconded mean in law?

In legal terms, absconding refers to intentionally evading supervision, often related to parole or probation, by leaving without permission or going into hiding.

2. What is an absconder fugitive?

An absconder fugitive is an individual who has fled or disappeared while under the supervision of parole or probation authorities.

3. What happens when you abscond in the U.S.?

When someone absconds from parole or probation in the U.S., they face legal consequences such as potential revocation of parole or probation, the issuance of warrants for their arrest, and the possibility of additional charges if new crimes are committed during the absconding period.

References

1. Predicting Parole Absconders
https://www.researchgate.net/publication/249707527_Predicting_Parole_Absconders
2. What Does It Mean to be Absconded From Parole or Probation?
https://www.ncesc.com/mean-absconded-parole-probation
3. What Is a Motion to Revoke Probation?
https://www.lnlegal.com/blog/2021/august/what-is-a-motion-to-revoke-probation-/
4. Homelessness and Housing Insecurity Among Former Prisoners
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4762459/
5. Risk Factors for Absconding Among Adult Parolees in Colorado
https://pubmed.ncbi.nlm.nih.gov/29781348/
6. Mental and Physical Health Problems as Conditions of Ex-Prisoner Re-Entry
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8306707/
7. Abscond Parole or Probation: What Does It Mean?
https://jobsforfelonsonline.com/abscond-parole-or-probation/
8. Conditions of Parole
https://www.nolo.com/legal-encyclopedia/conditions-of-parole.html
9. U.S. Parole Commission Frequently Asked Questions
https://www.justice.gov/uspc/frequently-asked-questions
10. Different Types of Parole Violations in Texas
https://txparolelaw.com/different-types-of-parole-violations-in-texas/
11. Life Without Parole
https://deathpenaltyinfo.org/policy-issues/sentencing-alternatives/life-without-parole
12. Youth Offender Parole Hearings
https://www.cdcr.ca.gov/bph/youth-offender-hearings-overview/
13. What Does It Mean to be Absconded From Parole or Probation?
https://www.felonyrecordhub.com/legal/absconded/
14. IS THERE A DIFFERENCE BETWEEN PAROLE AND PROBATION?
https://www.napolilaw.com/article/what-is-the-difference-between-probation-and-parole
15. PROBATION AND PAROLE: SUPERVISION
https://www.encyclopedia.com/law/legal-and-political-magazines/probation-and-parole-supervision

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