What’s the difference between parole and probation in Georgia law?
Probation is a sentence served in the community and supervised under a judge’s order. Parole is early release from a prison sentence, granted by the State Board of Pardons and Paroles. They come from different branches, and the rules for violating them differ.
| Probation | Parole | |
|---|---|---|
| Who decides | Sentencing judge | State Board of Pardons and Paroles |
| When | Instead of, or after, confinement | During a prison term, before the end |
| Supervised by | Department of Community Supervision or a private or county program for misdemeanors | Department of Community Supervision |
| Legal source | O.C.G.A. §§ 42-8-34, 17-10-1 | O.C.G.A. Title 42, Chapter 9 |
| Violation standard | Preponderance, § 42-8-34.1(b) | Board process, with due process under Morrissey v. Brewer (1972) |
| Who revokes | Judge | Board |
A split sentence uses both ideas in a sense: time in prison followed by probation, and the person might be paroled during the prison part. Georgia also has limits on parole. Under § 17-10-6.1, a serious violent felony has a mandatory minimum term with no parole in that time. A fourth felony under § 17-10-7(c) generally means no parole until the maximum sentence is served.
Practical differences matter as well. Georgia’s probation has a two-year general limit on supervision for one offense in § 42-8-34.1(g), with exceptions. A person on probation can ask the judge to change or end it under § 42-8-34 or § 42-8-37, while someone on parole applies to the Board.
Both can bring warrants, and both can restrict travel, gun possession, and drug use.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.