A study of determinate and indeterminate sentencing
The decision regarding release and subsequent supervision is not made by a parole board, but by judges and the peculiarities of the determinate sentencing structure by which they are bound. Prison officials generally like indeterminate sentencing because the prospect of earlier release gives prisoners an incentive to behave while incarcerated.
The principle behind indeterminate sentences is the hope that prison will rehabilitate some offenders, and that different people respond very differently to punishment. More room for judicial or parole board discretion is being let back into the sentencing systems of many states, especially for drug crimes, where rehabilitation is seen as a reasonable and attainable outcome for many convicted offenders.
The Department of Correction is collecting data to determine the effect of this proposal on the inmate population. Nor can a pure determinate sentencing system be found.
Determinate sentencing laws tend to differ in their treatment of sentencing structure, firearm use, repeat offenders, sentencing authority, sentence review, parole decisionmaking and review, and 'good time.
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