Indeterminate vs. Determinate Prison Sentences Explained

States across the United States use different sentencing systems—primarily determinate and indeterminate sentencing. The main distinction lies in how the length of imprisonment is determined and by whom. This article outlines how each system operates and analyzes its respective advantages and disadvantages.

What Is Determinate Sentencing?

Determinate sentencing refers to a system in which a court imposes a fixed term of imprisonment, such as five years in prison. The judge decides the sentence, and a parole board generally cannot alter the length of the sentence once imposed.

How Determinate Sentencing Works

Under a determinate sentencing system, a defendant knows with relative certainty how long they will remain incarcerated. State law typically prescribes a minimum portion of the sentence that must be served before an individual becomes eligible for early release. (Early release is still supervised and subject to conditions.) Defendants may earn limited reductions for good behavior, participation in educational or work programs, or other earned-time incentives.

Example of Determinate Sentencing

For example, if a judge imposes a five-year sentence and state law requires that 60 percent of the sentence be served, the individual must serve at least three years before early release. With earned credits, the offender will serve between three and five years in prison.

What Is Indeterminate Sentencing?

With indeterminate sentencing, the judge hands down a sentence range, such as "5 to 10 years' incarceration" or "20 years to life." The sentencing judge sets a minimum and maximum, but it's a parole board that will determine the actual release date within that period.

How Indeterminate Sentencing Works

Offenders serve the minimum term before becoming eligible for parole consideration. The parole board periodically reviews the case to assess whether the individual is prepared for release based on conduct, rehabilitation progress, and public safety considerations.

Indeterminate sentencing is commonly applied to felonies that carry long prison terms rather than misdemeanors that carry a year or less of possible incarceration time.

Example of Indeterminate Sentencing

A sentence of "20 years to life" allows the parole board to consider release after 20 years, but the offender could remain incarcerated much longer if the board finds continued confinement necessary. Factors such as institutional behavior, remorse, risk assessments, and victim impact statements all influence the decision.

How Many States Have Determinate vs. Indeterminate Sentencing Systems?

Prior to the 1970s, all states operated under indeterminate sentencing systems. Currently, about two-thirds still rely primarily on indeterminate sentencing, while approximately one-third use determinate sentencing. Some states adopt hybrid models that incorporate aspects of both. Hybrid models are common when states with determinate sentencing have inmates with old convictions imposed under a prior indeterminate sentencing system or inmates subject to life sentences with the possibility of parole or early release.

Do Federal Prisoners Receive a Determinate or Indeterminate Sentence?

At the federal level, indeterminate sentencing ended in 1987 with the Sentencing Reform Act, which implemented determinate sentencing guidelines to promote uniformity and consistency. The federal system utilizes some early release mechanisms and a post-incarceration supervised release system.

The Key Distinction: Determinate vs. Indeterminate Sentencing Systems

The critical distinction between the two sentencing models lies in who makes the ultimate decision regarding sentence length:

• In determinate sentencing, the judge establishes the sentence length at the time of sentencing.
• In indeterminate sentencing, the parole board determines when the offender may be released within the established range.

In other words, determinate sentencing places decisions at the front end of sentencing, while indeterminate sentencing shifts that role to the back end of sentencing.

What Are the Pros and Cons of Indeterminate Sentencing Systems?

As noted above, indeterminate sentencing used to be the rule in every state and for the federal courts as well. Crimes usually carried a maximum sentence, but judges were free to choose among various options—imprisonment, probation, and fines. Parole boards decided on release dates.

Advantages of Indeterminate Sentencing

The principle behind indeterminate sentences is the hope that prison will rehabilitate some offenders, and that different people respond very differently to punishment. Prison officials generally like indeterminate sentencing because the prospect of earlier release gives prisoners an incentive to behave while incarcerated.

With indeterminate sentencing, the goal is that offenders who show the most progress will be paroled closer to the minimum term than those who do not. The decision takes into account the individual offender's crime (including mitigating or aggravating circumstances), criminal history, conduct while in prison, and efforts toward rehabilitation. The victims of the offender's crime may also submit statements. There is, at least in theory, a careful and specific evaluation before the offender is released back to the community.

Disadvantages of Indeterminate Sentencing

Critics argue that parole boards' discretionary power can lead to inequities and inconsistent results. Concerns include the potential for racial disparities and decisions swayed by political pressure. There are also limited procedural safeguards for inmates in the parole release process. Inmates are not entitled to counsel during parole hearings, and rarely can they challenge a denial.

From the corrections' viewpoint, the unpredictability of the sentence term can make it difficult to make individual programming decisions for an inmate before and after release.

What Are the Pros and Cons of Determinate Sentencing?

Determinate sentencing is often seen as a "tough on crime" system because most offenders will serve a good portion of their sentence. When sentencing, judges know how much time an offender will serve. Prison officials' determinations will be limited to a review of an inmate's behavior while incarcerated.

Advantages of Determinate Sentencing

Predicability is a key advantage of determinate sentencing. The court, offender, victim, family members, and corrections officials know with reasonable certainty how long an offender will spend in prison. Many determinate sentencing systems require judges to use set guidelines so that similarly situated offenders receive similar sentences, reducing the potential for discrimination in sentencing.

Proponents of determinate sentencing also emphasize the importance of having sentencing decisions made by a judge in open court. The judicial sentencing process affords a defendant procedural safeguards. A defendant has the right to counsel during sentencing and can appeal the judge's decision to a higher court. Very few protections exist in the parole hearing process.

Disadvantages of Determinate Sentencing

Opponents of determinate sentencing contend that it solidifies punishment prematurely and removes needed discretion from parole boards and corrections officials. Offenders may lose their motivation to rehabilitate, knowing that good-time credits can only shave off a small percentage of their sentence. They point out that determinate sentencing rules out leniency and flexibility that the overburdened correctional system needs.

Frequently Asked Questions on Determinate and Indeterminate Sentencing

Below are answers to commonly asked questions on sentencing systems.

Which System Is More Effective? Determinate or Indeterminate?

Both systems have strengths. Determinate sentencing offers greater certainty and fairness by minimizing discretionary disparities, while indeterminate sentencing accommodates rehabilitation and individualized outcomes. Hybrid approaches combining both elements are increasingly common.

Which States Use Determinate Sentencing?

States such as Arizona, California, Illinois, Indiana, and Minnesota primarily implement determinate sentencing frameworks. Nonetheless, most states maintain limited indeterminate provisions, particularly for life sentences with the possibility of parole.

Can Determinate Sentences Be Reduced?

Yes. While parole generally does not apply, reductions may occur through good-time credits, earned-time programs, compassionate release, or statutory resentencing under reform measures. Each state implements these credits differently.

How Does Parole Work Under Indeterminate Sentencing?

After an offender serves the minimum term, the parole board reviews their case. The board assesses factors such as rehabilitation progress, behavior, risk to public safety, and victim input before deciding on release.