Legal Definitions - determinate sentence

A determinate sentence refers to a jail or prison sentence that has a fixed, specific length of time, rather than a range. When a person receives a determinate sentence, the exact duration of their incarceration is set by the court, and this period generally cannot be altered or reduced by a parole board or similar agency based on the individual's behavior or rehabilitation during their confinement. The judge's discretion in imposing such a sentence is often limited by specific legal guidelines or mandatory minimums established by law. This contrasts with an indeterminate sentence, where a person is sentenced to a range of years (e.g., 5 to 10 years), and a parole board later decides the actual release date within that range.

• Example 1: Drug Trafficking Conviction

  Imagine a person is convicted in a state that mandates determinate sentencing for certain drug offenses. If the law specifies a determinate sentence of 8 years for trafficking a particular quantity of a controlled substance, the judge must impose that exact 8-year term. The convicted individual will serve those 8 years, and a parole board will not have the authority to release them earlier, regardless of their conduct while incarcerated. This clearly illustrates the fixed nature of the sentence and the absence of parole board discretion.

• Example 2: Repeat Offender Statute

  Consider a jurisdiction with a "three strikes" law that imposes a determinate sentence for a third felony conviction. If someone with two prior serious felony convictions commits a third felony, and the law dictates a determinate sentence of 25 years, the judge will sentence them to precisely 25 years in prison. This sentence is a fixed duration, meaning the individual will serve the full 25 years, and there is no provision for a parole board to review their case for an earlier release. The sentence is "determined" at the time of sentencing and remains unchanged.

• Example 3: Specific Violent Crime

  Suppose a person is found guilty of aggravated assault in a state where this particular crime carries a determinate sentence of 5 years. The court will impose a sentence of exactly 5 years. This means the individual knows precisely how long they will be incarcerated from the moment of sentencing. Their release date is set for the end of that 5-year period, without any possibility of a parole board intervening to grant an earlier release based on good behavior or rehabilitation efforts. The sentence is definite and not subject to later modification by a parole authority.