Legal Definitions - indeterminate sentencing

Indeterminate sentencing refers to a system where a judge does not set a precise, fixed length for a prison sentence at the time of conviction.

Instead, the court establishes a range, specifying a minimum and a maximum period of incarceration. The exact date of release within this range is then determined at a later point, typically by a parole board or similar authority. This decision is usually based on factors such as the prisoner's behavior while incarcerated, their participation in rehabilitative programs, and their perceived readiness to safely re-enter society. The primary goal of indeterminate sentencing is often to promote rehabilitation and allow for individualized assessments of an offender's progress.

• Example 1: Rehabilitation for a Drug Offender

  A person is convicted of a serious drug offense. Instead of a fixed sentence like "5 years," the judge imposes an indeterminate sentence of "not less than 3 years and not more than 7 years." After serving the 3-year minimum, a parole board reviews the individual's case. They consider whether the person has successfully completed drug treatment programs, maintained good conduct, and shown a genuine commitment to changing their life. If the board determines the individual has made significant progress and no longer poses a high risk, they might be released shortly after the 3-year mark. However, if the individual has not engaged in rehabilitation or has continued to violate prison rules, they could remain incarcerated for a longer period, up to the 7-year maximum.

  This illustrates indeterminate sentencing because the judge provided a range (3 to 7 years), and the actual release date within that range is decided later by a parole board based on the prisoner's conduct and rehabilitation efforts.

• Example 2: Assessing Risk for a Violent Crime

  A young adult is convicted of aggravated assault. The court imposes an indeterminate sentence of "a minimum of 5 years and a maximum of 15 years." The intention is to allow for a thorough assessment of their potential for reform and public safety risk over time. After the individual serves the 5-year minimum, a parole board evaluates their file. This evaluation includes reviewing their disciplinary record, participation in anger management or educational programs, psychological assessments, and any signs of remorse or understanding of their actions. If the board believes the individual has genuinely reformed and no longer poses an undue threat to the community, they may grant parole. Conversely, if the individual shows little progress or continues to exhibit violent tendencies, they could be held for a much longer duration, potentially up to the 15-year maximum, until they are deemed safe for release.

  This example demonstrates indeterminate sentencing because the initial court order sets a flexible time frame (5 to 15 years), and the final decision on release rests with a parole authority, contingent on the individual's behavior and demonstrated change during incarceration.