Probation & Parole

1. Do you have a friend or family member who is about to be released on parole for a sex-related crime? 
2. Are you taking a sex-related plea deal that will allow you to avoid jail or prison time but still includes probation? 
3. Are in the middle of the criminal process and want to understand what probation or parole will be like for your specific sex-related offense? 

If you answered “yes” to any of these questions, you will most likely find yourself part of a special type of probation, requiring additional rules and regulations that you must follow as someone who is required to register under SORNA.  

Before we get into the specifics of probation and parole services for sex-related crimes, it’s important to have a basic understanding of typically how probation works. While details and requirements can vary state by state, there are basic similarities. In most states, probation is either classified as “unsupervised” or “supervised”. 

What is Unsupervised Probation? 

Unsupervised probation is reserved for lower-level crimes, such as misdemeanors. After a plea or a guilty verdict, a defendant will sign probation paperwork which outlines the requirements of what he/she/they must adhere to. In unsupervised probation, this means that the person (defendant) is not “supervised” directly by a probation agent. This is typically the lowest level of supervision. 

Defendants can still violate their unsupervised probation and must be careful to understand and follow the details outlined in the probation paperwork. This can be things such as treatment (drug or alcohol), paying restitution, doing a certain amount of community service, or just staying away from another person or location. 

In general, the main difference is that persons on unsupervised probation do not have an agent and do not have to regularly call-in or visit with that agent either at the defendant’s home or in a local probation and parole office. You still may be required to verify employment and residence and follow other standard rules. 

What is Supervised Probation? 

Supervised probation is typically required as part of a sentence and includes supervision of a defendant by a probation officer (agent). When someone is on supervised probation, they may have to report weekly to their agent (in person, over the phone, or video call), they may have to attend treatment or perform community service, keep their probation officer aware of any changes in employment or living situation. Other rules can vary by state or county. 

Supervised probation includes both standard conditions (as those listed above), plus may include some unique conditions based on the case. Typical probation length runs 3 (three) to 5 (five) years but can be extended in some instances. 

Who Handles Probation or Parole Cases? 

In most states, the division that handles parole & probation is overseen by a state agency, typically under the Department of Corrections. 

For example, in Pennsylvania, probation and parole fall under the Pennsylvania Commission for Crime and Delinquency. Locations of county parole and probation offices can be found here.

In Virginia, it is under the Virginia Department of Corrections. More information can be found on their web site, located here.

In Maryland, this department is managed by the Department of Public Safety and Correctional Services / Division of Parole & Probation (DPP). Here you can find some basic information and DPP office locations. 

What is Probation like for Sex Crimes? 

When you are on probation or parole for a crime requiring you to register with your local Sex Registry office, you will be subject to an increased level of supervision. In many states, this is referred to as a “collaborative” probation, because it typically includes various resources and interaction from different people and agencies. 

In Maryland, there is the Collaborative Offender Management Enforcement Treatment (COMET) supervision, a program that allows the supervision team and the agent to require the defendant (probationer) to do things such as: 

• Submit to polygraph examinations (lie-detector tests)
• Follow a curfew (i.e. must be home by 7pm)
• Electronically monitor the probationer with a Global Positioning System (GPS) device (ankle monitor)
• Avoid participating in Halloween-related activities
• Abstain from viewing or possessing legal pornography
• Computer monitoring
• Participate and complete specialized sex offender treatment – either 1-on-1 therapy with a licensed psychologist specializing in sex offender treatment or group counseling
• Being compelled to take medication

The COMET supervision program was created in response to legislation passed by the General Assembly in 2006 and mandated the establishment of sexual offender management teams for the supervision of sexual offenders.  (Md.Code (2001, 2008 Repl.Vol., 2010 Suppl.), § 11–725 of the Criminal Procedure Article (“CP”))

A typical COMET supervision team is made up of people from various agencies and offices including the Department of Parole & Probation, the local police department, the local State's Attorney's office, and various treatment providers. 

Polygraph Examinations (“Lie-detector tests”)

People under COMET supervision may be required to submit to polygraph tests administered by a State Police polygrapher. During the polygraph, the probationer may be asked about a wide variety of topics, including things such as: 

• The crime for which he/she/they is on probation (also called “Instant Offense”)
• Activities while on probation
• About any contact with the victims or unlawful contact with any children
• Use of pornography
• Sex practices
• Use of drugs or alcohol

If a probationer does not answer a question during a polygraph test about possible criminal activity or fails the polygraph exam, the supervising agent may impose consequences upon the probationer. 

These types of consequences can include increased supervision level (seeing or talking to the agent more frequently), the imposition of a curfew, a follow-up polygraph, GPS electronic monitoring (ankle bracelet), or other methods within the agent’s control. 

In worst case examples, if probationers admit to either (a) a new crime or (b) violating conditions of their probation or parole, they can be violated over not complying with the rules of their probation or be charged with a new crime. 

Understanding the rules of your probation or parole, best practices on how to remain compliant, and having knowledge of what is coming and how to handle it – are all critical parts of navigating this process successfully. 

Most people experiencing the criminal justice system for the first time, as a result of sex-related charges, are confused about how this special type of probation works. Many clients, understandably, are concerned about polygraph examinations and the other unique requirements. 

Our team is here to help. 

If you or a loved one is facing probation or parole for a sex-related crime and you need more information, contact us today for a free case evaluation.