Legal Definitions - indefinite sentencing

Indefinite sentencing is a term used interchangeably with indeterminate sentencing. It refers to a type of criminal sentence where the judge imposes a range of time an offender must serve, rather than a fixed, specific period. This range includes a minimum and a maximum duration. The actual release date within this range is later determined by a parole board or similar administrative body, which considers factors such as the offender's behavior, participation in rehabilitation programs, and perceived readiness to re-enter society.

Here are some examples to illustrate indefinite sentencing:

• Example 1: Adult Felony Conviction

  Imagine a person, Mr. Davies, is convicted of aggravated assault. Instead of receiving a fixed sentence like "5 years," the judge imposes an indefinite sentence of "not less than 3 years and not more than 10 years." This means Mr. Davies must serve at least 3 years in prison. After completing the minimum 3 years, he becomes eligible for parole. A parole board will then review his case, considering his conduct in prison, any participation in anger management or educational programs, and the risk he might pose to the community. The board will decide if and when he should be released, at any point between the 3-year minimum and the 10-year maximum.

  This illustrates indefinite sentencing because the judge did not set a precise release date. Instead, a range was established, and an administrative body (the parole board) will ultimately determine the exact duration of incarceration within that range.

• Example 2: Focus on Rehabilitation

  Ms. Chen is convicted of a non-violent drug offense. The court, aiming to encourage rehabilitation, imposes an indefinite sentence of "1 to 5 years." This sentence structure is designed to incentivize Ms. Chen to engage actively in drug treatment programs and maintain good behavior while incarcerated. If she successfully completes these programs and demonstrates significant progress, the parole board might decide to release her closer to the 1-year minimum. Conversely, if she fails to participate or has disciplinary issues, she could serve closer to the 5-year maximum.

  This demonstrates indefinite sentencing by showing how the actual time served is not fixed but is contingent upon the offender's actions and progress toward rehabilitation, with the parole board making the final decision within the established range.