Legal Definitions - indeterminate sentence

An indeterminate sentence is a type of prison sentence where the duration is not a fixed, specific number of years. Instead, the court imposes a range of time, such as "three to seven years." This means the exact date a convicted person will be released from prison is not determined at the time of sentencing.

After serving the minimum period of their sentence, the individual becomes eligible for review by a parole board. This board assesses factors like the person's behavior in prison, participation in rehabilitation programs, and their readiness to re-enter society. If the parole board determines the individual has been rehabilitated and no longer poses a significant risk, they may be granted parole—a conditional release from prison before serving the maximum term. The core idea behind an indeterminate sentence is to encourage rehabilitation, allowing individuals who demonstrate positive change to be released earlier, while ensuring those who do not are held for a longer period, up to the maximum sentence.

• Example 1: A person named Alex is convicted of grand theft. The judge imposes an indeterminate sentence of "two to five years."

  Explanation: Alex must serve at least two years in prison. After this minimum period, a parole board will review Alex's case, considering factors like participation in vocational training, good conduct, and a plan for reintegration into society. If deemed rehabilitated and no longer a threat, Alex could be released on parole anytime between the second and fifth year. If not, Alex could serve the full five years.

• Example 2: Maria, a young adult, is convicted of a non-violent drug offense, and the court believes she has a strong potential for rehabilitation. She receives an indeterminate sentence of "four to eight years."

  Explanation: Maria will serve a minimum of four years. During this time, she will be encouraged to participate in drug counseling, educational programs, and therapy. Once the four-year mark is reached, the parole board will evaluate her progress and commitment to sobriety. Her release date will depend on their assessment of her rehabilitation, potentially allowing her to leave prison before the eight-year maximum.

• Example 3: A state legislature introduces new sentencing guidelines for certain types of aggravated assault, moving away from fixed terms. A defendant found guilty of such an assault is now given an indeterminate sentence of "ten to twenty years."

  Explanation: This means the individual will serve a minimum of ten years. After this period, a parole board will regularly review their case, assessing their behavior, participation in anger management or other relevant programs, and their perceived risk to the community. The board's decision on parole will determine if they are released after ten years, or if they continue to serve time up to the maximum of twenty years, based on their demonstrated rehabilitation and public safety considerations.