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An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range as opposed to a fixed amount of time. For example, a defendant could be sentenced to “15 years to life in prison.”
With an indeterminate sentence,
The specific date of release is generally determined by a state parole board when it reviews the given case.
State law of every state within the U.S. will determine which form of criminal sentencing the state uses.
Inmates can receive early release under both systems of sentencing. A parole board will normally grant early release in an indeterminate system if inmates can show that they have rehabilitated themselves.
With a determinate sentence, early release is generally provided for:
Under state criminal laws, and within the criminal justice system, “indeterminate sentencing” refers to a specific way that a sentence is imposed in a criminal case.
When a sentencing judge announces an indeterminate sentence, he/she gives a mandatory minimum term of confinement but does not provide a concrete release date from prison.[1]
For example, a judge might impose the following indeterminate sentences:
Once inmates serve their minimum sentences, parole boards can review their cases and determine whether or not they should be released.[2] If a board refuses to release an inmate, that person remains in custody and parole release is discretionary as determined by a future parole board meeting.
Determinate sentencing is different that indeterminate sentencing. When a judge gives a determinate sentence, he/she imposes a prison term that has a specific amount of time (for example 3 years in county jail or 7 years in prison).[3]
With a determinate sentence, the length of a prison term cannot be changed by a parole board or a state’s department of corrections.
Each state’s criminal laws ultimately determine whether or not the state uses a determinate or indeterminate sentencing system.
For example, some states that adhere to a determinate sentencing system include:
Some states that follow an indeterminate sentencing system include:
The majority of today’s states follow the latter form of sentencing.[6]
Note, though, that in practice most jurisdictions use both forms of sentencing, with determinate sentencing used for some crimes and indeterminate sentencing used for others.[7]
Note, too, that some states changed from an indeterminate system to a determinate one. This means past offenders within a state’s criminal justice system may have been sentenced under a different version of sentencing guidelines than current offenders.[8]
The following are a few pros of determinate sentences:
A few cons of determinate sentencing include:
In a determinate system, two ways an inmate may receive a shorter release date than the date imposed by the judge are for:
Work release is a program where certain inmates are transitioned into a county-based institution, and
In an indeterminate system, eligibility for early release typically depends on rehabilitation. Parole boards are more likely to release inmates if they can show that they have rehabilitated themselves, meaning they have separated themselves from those factors that lead them to commit a crime.
California is labeled a determinate sentencing state.[9]
But while most offenders are sentenced under the state’s Determinate Sentencing Law (DSL), others are sentenced under the State’s Indeterminate Sentencing Law (ISL).[10]
For felony offenses, California Penal Code 1170b PC sets forth three possible sentences for a judge to consider. These include:
A judge then considers aggravating and mitigating circumstances to decide which term to impose.
Some aggravating circumstances include:
As a general sentencing rule, the greater the number of aggravating factors present in a case, the harsher the sentence.
Some mitigating circumstances include:
As a general rule, the greater the number of mitigating factors present in a case, the less severe the final sentence.
Note that most California misdemeanors can be punished with:
Again, a judge will consider certain facts of the case to determine what specific sentence to impose. These facts include the circumstances listed above along with the accused’s criminal history.
Legal Citations
[1] Black’s Law Dictionary, Sixth Edition – “Indeterminate Sentence.” See, for example, In re. Butler (2018) 4 Cal. 5th 728.
[2] See same.
[3] Black’s Law Dictionary, Sixth Edition – “Determinate Sentence.” See, for example, Cunningham v. California (2007) 549 U.S. 270.
[4] See University of Michigan Robina Institute of Criminal Law and Criminal Justice website – “Parole Boards within Indeterminate and Determinate Sentencing Structures.”
[5] See same.
[6] See same.
[7] See same.
[8] Note that some states began as an indeterminate state but then moved to a determinate sentencing system, as part of sentencing reform, in the late 1970s and 1980s because of overcrowding prison populations and reductions in crime rates. See “Reconsidering Indeterminate and Structured Sentencing,” U.S. Department of Justice.
[9] See “Parole Boards within Indeterminate and Determinate Sentencing Structures,” fn 4 above.
[10] See the California Department of Corrections and Rehabilitation website – “Sentencing, Incarceration & Parole of Offenders.”
[11] California Penal Code 1170b PC. Note that these terms may also be stated within the specific statute that applies to the offense committed. See, for example, People v. Minifie (Court of Appeal of California, Second Appellate District, Division Seven, 2018) 22 Cal. App. 5th 1256.
[12] California Rules of Court Rule 4.421.
[13] California Rules of Court Rule 4.423.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.