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Pros And Cons Of Indeterminate Sentencing

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The United States had a sentencing and release procedure from 1920 to 1973 for rehabilitating offenders; both, the State and federal government used indeterminate sentencing, authorized discretionary release by the parole board, and supervised release after prison, but by 2002, sixteen States and federal government had abandoned discretionary release by the parole board, which made it hard for offenders to be released and the prison system to become overpopulated. This meant that offenders had to complete ninety-percent of their sentence before they could be eligible for parole (Clear, Reisig, and Cole, 2016). Because of this, there are five release mechanisms that both, State and federal government must use before an offender can be released; …show more content…

Secondly, mandatory release is when an offender has served his/her required amount of time minus good behavior. The offender can be release without the decision of the parole board, but must serve the rest of their time on supervised parole. Third, probation release is when the judge sentences an inmate to a short time in prison, also known as “The shock”, and then release the offender back into society under supervision. Fourth, other conditional release is a release used by many States to go around mandatory release, which places offenders back into the community by granting the offender a leave of absence by using home supervision, halfway houses, emergency release, and other programs that would help the offender to be released from prison. Finally, expiration release is when an inmate have maxed out his/her time in prison and cannot be return to prison to serve additional time for the crime he/she were already serving or have any kind of supervision (Clear, Reisig, and Cole, …show more content…

The parole board carefully examine and review the offender entire criminal behavior, both prior to prison and while in prison, social background, and risk to the community before they made an informed decision to release the offender, this ensure that the offender is not a threat to society and can become a law-abiding citizen of the community. According to the California Department of Corrections, (2003), “Offenders who are being considered for release must agree to the following: the offender must obey all parole agent instructions, must report to the parole officer immediately upon release, and later as instructed by the parole officer, must follow all laws, and cannot carry weapons.” But, in addition to these rules, offenders who have a mental illness must attend an outpatient therapy facility that is designated through the parole outpatient program regimen; alcohol and drug abuser must not use drugs or alcohol and must be tested periodically; and sex offenders must stay away from certain individual or location as order by the Board of Prison Terms (California State Library, 2003). Therefore, with the supervision from parole officers, regular

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This started in the early 1930s, and ended around the 1960s. This is when the research really occurred because nothing seemed to be working and around 1970s, the government abolished or attempted to abolish parole. Under conditional release of parole, there are two different types, discretionary release, and mandatory release. The discretionary release is based on the paroling authority’s assessment of the offender’s eligibility. Mandatory release is an early release after a time period specified by law.

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Parole boards in the United States vary from state to state, but in most states, the parole board is selected by the governor with the legislation confirming. The board’s term is between four-six years and five - seven members with terms that allow for renewal. A main responsibility for the board is, “managing parole release processes and making decisions to terminate parole supervision”(Bohm & Haley, 2012, p. 450). The board grants on basis of two types of parole release discretionary and mandatory. The difference in the two paroles are discretionary allows the board to decide to deny or grant the parole, whereas mandatory requires the board to grant parole at a specific time.

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if an ex-offender has no job, s/he has no way to pay supervision fees, which then gets the parolee sent back to prison for parole violation. If a parolee cannot satisfy a parole officer that s/he has a stable address, the parolee can (and generally WILL) be violated and sent back to prison. A parolee can be violated for simply being in the presence of another ex-offender. This limits some families from helping one family member, because the family already let another ex-offender come home. It also limits employment prospects; parolees could technically be violated for working together or for working for an employer who also happens to be an ex-offender.

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Indeterminate sentences are imposed with the individual criminal in mind. A minimum and maximum sentence such as 3-5 years are given by a judge. After the minimum sentence is served, the length of incarceration may vary based on the prisoner’s level of cooperation with the correctional agency. Early parole may be granted for good behavior. Determinate sentences are a fixed term of incarceration.

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In order to discuss indeterminate versus determinate sentencing, we must first define them. Indeterminate sentencing is a form of “criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences” (Schmalleger, 2015). An example of an indeterminate sentence would be a term of imprisonment of 1-10 years meaning an offender can serve no less than one year and no more than ten. The sentence is not determined. Determinate sentencing is another form of criminal punishment in which an offender is given a fixed term of imprisonment (Schmalleger, 2015).

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A few other States have abolished parole board release for certain violent or felony offenders (Alaska, New York, Tennessee, and Virginia) or for certain crimes against a person (Louisiana). California still allows discretionary release by a parole board only for offenders with indeterminate life sentences. In general, States still have the right to restrict the possibility of parole board release based on the offender’s criminal history or their circumstances of the offense that they did. While discretionary release from prison by a parole board has been eliminated by some States, post-release supervision still exists and is generally referred to as community or supervised release. Parole boards, in various forms, have the responsibility to set conditions of release for offenders under conditional or supervised release, the authority to return an offender to prison for violating the conditions of parole or supervised release, and the power to grant parole for medical reasons.

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