Difference Between Determinate and Indeterminate Sentencing in California
In California, if you're convicted of a crime, state law generally provides clear sentencing guidelines. The judge usually imposes a sentence based on these guidelines, indicating the typical time served.
However, in cases involving serious offenses, sentencing can sometimes be "open-ended," with a mandatory minimum, leaving the parole board to determine your release date or if you should be released at all.
This distinction separates determinate sentencing from indeterminate sentencing.
Determinate sentencing involves giving a fixed jail time upon conviction, which parole boards or other agencies cannot alter. It provides less discretion for judges, but their role remains crucial since they determine the length of incarceration.
However, depending on the statute, the court may still have a crucial role in deciding the sentence. For many crimes, the judge might assign three different possible sentence lengths.
Key Takeaways
- In 1976, California transitioned from a largely indeterminate sentencing system to a determinate sentencing law (DSL).
- This significant legal shift aimed to create more predictable and consistent sentencing practices throughout the state.
- The change was driven by critiques of the previous system's perceived leniency and inconsistent sentencing, which were often viewed as subjective and influenced by unrelated factors.
- An indeterminate sentence specifies a range of years, like 25 years to life. While a minimum prison term is always set, the actual release date remains uncertain and may be decided by the parole board during periodic reviews.
- Parole boards conduct hearings to decide when a convicted individual can be considered for parole within their sentence range.
- Indeterminate sentencing is usually reserved for serious felony offenses that carry a term in state prison, rather than for lesser crimes. This highlights the gravity of the offenses that result in indeterminate sentencing.
- Indeterminate sentencing operates on the idea that state prisons can rehabilitate certain offenders, and the potential for early release motivates prisoners to behave well.
- California Penal Code Section 1170 governs felony sentencing in many criminal cases across California.
How Sentencing Works in California
If you plead guilty or are found guilty after a jury trial, the judge will determine a sentence. Both the prosecution and the defendant can request a sentencing hearing.
For misdemeanors, this hearing must occur at least 6 hours but no more than 5 days after a guilty or no-contest plea or a trial verdict. For felonies, the hearing must be scheduled within 20 days of the guilty plea or trial verdict.
This hearing enables the defense to advocate for a lighter sentence, while the district attorney usually opposes it or seeks tougher penalties.
Evidence rules are often relaxed during sentencing hearings, potentially allowing the prosecution to present evidence that wouldn't have been admissible at trial.
The judge is required to follow specific sentencing guidelines. Usually, misdemeanors result in indeterminate sentences of up to six months, while most felony offenses carry determinate sentences with three possible outcomes.
What does Determinate Sentencing Mean?
Determinate sentencing is a fixed scheme in which the court assigns a specific term of incarceration and a predetermined release date. The determinate sentencing law (DSL) sets clear minimum and maximum sentence limits for each offense.
The court then decides the precise length of the sentence within these bounds, taking into account the specifics of the case. Once sentenced, the length is fixed, and there is no parole board discretion for early release based solely on behavior or rehabilitation.
How Determinate Sentencing Works
Under California's DSL, the sentences for most crimes are determined by law. The statutes set minimum and maximum prison terms, limiting judges' discretion to choose the precise length of a sentence within these limits.
This approach aims to promote fairness and transparency by ensuring that punishments are consistent with the crime, thereby helping reduce sentencing disparities.
- Structured Sentences: Each crime category has an assigned sentencing range. Misdemeanors generally specify only a maximum sentence, allowing judges to select any duration up to that limit. For most felony charges, three sentence lengths are outlined (18 months, 2 years, or 3 years), and the judge determines the appropriate one based on the crime's severity and the defendant's criminal background.
- Enhancements: In certain cases, the main term may be increased due to specific aggravating factors, such as employing a firearm during the crime, as specified by law.
- Reductions: Likewise, mitigating circumstances may result in shorter sentences, though these are less frequent in the determinate system compared to the indeterminate system.
What Does Indeterminate Sentencing Mean?
Indeterminate sentencing permits a range of sentence lengths rather than a fixed period. For instance, a sentence might be stated as "15 years to life," indicating the individual must serve at least 15 years, but could remain in prison for life based on parole board decisions.
This sentencing type is typically applied for more severe crimes. It depends largely on parole board judgments and considers the inmate's rehabilitation progress and possible risk to society.
When is Indeterminate Sentencing Still Relevant?
Despite the overall move toward determinate sentencing, California still permits indeterminate sentences in certain cases.
These sentences often specify a minimum term, such as 25 years to life, with or without parole eligibility. Once the minimum sentence is completed, release largely depends on periodic parole board reviews.
Occasionally, a defendant might be released earlier, but usually only after serving 85 percent of their sentence. In California, indeterminate sentencing is typically used for the following cases:
- Violent Offenses: Indeterminate sentences are usually assigned for the most serious crimes, such as murder and certain sex offenses, where protecting public safety is a top priority.
- Third-Strike Offenses: Under California's "three strikes" law, anyone convicted of a third qualifying serious offense is automatically sentenced to an indeterminate term of 25 years to life.
Grasping the differences between determinate and indeterminate sentencing in California is essential for anyone involved in the criminal justice system.
Although most crimes now follow determinate sentencing, providing greater predictability and consistency, indeterminate sentencing remains relevant for serious offenses.
Hiring a skilled California criminal defense attorney is your best chance to negotiate for more lenient sentencing. Reach out to Cron, Israels & Stark for a case review.