What Are Some Other Considerations Regarding Determinate Sentencing?
Eligibility: Currently, roughly one-third of the states employ a determinate sentencing system. Some states employ hybrid systems that use aspects of both. Hybrid systems are common when a state adopts a determinate sentencing system, but still have inmates in their state prisons with old convictions imposed under a prior indeterminate sentencing system.
Or, they may have inmates who were sentenced to life in prison with the possibility of parole or early release. These sentences must be respected and enforced as required when they were imposed.
State Variations: The laws of determinate sentencing in the states that employ these systems vary in several ways. There are differences in the length of sentences for specific crimes, the availability and calculation of good time credits, and eligibility for parole or early release programs.
Some states may have stricter sentencing guidelines than others. It would be helpful to consult a criminal defense lawyer to learn about the law in the state in which a person is charged with a crime in order to understand the sentencing laws in that state.
Determinate sentencing eligibility depends on the law of the state in which a defendant is convicted and the specific crime of which they are convicted. Usually, more serious offenses are subject to determinate sentencing. State and federal laws specify the criteria for determinate sentencing based on the severity and nature of the crime.
A person who has been charged with a crime should consult with a criminal defense lawyer about the potential punishment for the crime with which they have been charged.
The Importance of Hiring a Lawyer: When a person is charged with a crime, they may not think immediately about the fact that if they are convicted, they will have a sentencing hearing. However, a sentencing hearing is a critically important step in a criminal case. A defendant is likely to get a better result from a sentencing hearing, if they have the help of a criminal defense attorney who understands what happens at a sentencing hearing and can make their client’s best case.
Risks/Penalties: A determinate sentence can have the same long-term consequences as an indeterminate sentence. These include difficulty finding employment or housing due because the defendant has a criminal record. It may also affect eligibility for certain government benefits or professional licenses.
The specific effect depends on the nature of the offense and the laws of the state in which the defendant has been convicted of a crime or crimes. Expungement or sealing of records may be options in some cases to mitigate these consequences.
Costs/Fees: There are fees and costs associated with going through a criminal proceeding that leads to determinate sentencing. Of course, there are fees and costs associated with a criminal proceeding that leads to an indeterminate sentence also.
These can include court filing fees, attorney’s fees if you hire a lawyer, and possibly paying restitution to a victim if the defendant caused their victim to suffer an economic loss. The specific costs vary depending on the state and the court in which the case is fought. The complexity of the case can also affect the costs and fees. Indigent defendants may be eligible for waivers of costs and fees or assistance with paying these costs.
Which States Have Determinate Sentencing Laws?
Many states in the U.S. have determinate sentencing laws, but the specifics can vary widely from state to state. Some states use a combination of determinate and indeterminate sentencing.
Thirteen states have adopted determinate sentencing laws. They are as follows:
- Alaska
- Arizona
- California
- Colorado
- Illinois
- Indiana
- Maine
- Minnesota
- New Jersey
- New Mexico
- North Carolina
- Pennsylvania, and
- Tennessee
California has adopted a hybrid system that combines determinate and indeterminate sentences depending on the types of offenses.
It is important to note that federal law uses a version of determinate sentencing through the Federal Sentencing Guidelines, although judges are given a degree of discretion.
Do I Have to Complete the Entire Sentence?
Process/Steps: When a defendant has been found guilty of a criminal offense, they must then attend a sentencing hearing in which the judge imposes their sentence. Generally before the hearing, the prosecution prepares a pre-sentencing report. In the federal criminal legal system, a probation officer prepares the pre-sentencing report. The report is given to the sentencing judgeThe judge consults the federal sentencing guidelines and considers the information in the pre-sentencing report in order to decide on the appropriate sentence for the defendant.
At the hearing, the prosecution and defense present the arguments. The judge may impose the sentence immediately after the arguments have been made or they may render their decision at a subsequent hearing. Again, the judge’s determination of a fixed sentence is based on statutory guidelines and mitigating or aggravating factors. The defendant has the right to be present and to have legal representation at their sentencing hearing.
Evidence/Documents: Both parties can submit evidence to support their arguments at a sentencing hearing. Among the items of evidence that might be offered are pre-sentencing reports, victim impact statements, defendants’ criminal records, evidence relating to the facts of the crimes committed and evidence related to mitigating or aggravating factors. These documents help the judge determine an appropriate sentence within the statutory guidelines that apply. The defense may present evidence of rehabilitation efforts or other factors that could influence the sentence as allowed by the sentencing guidelines that apply.
Generally, determinate sentences involve a fixed prison term, but some jurisdictions allow for parole eligibility after a portion of the sentence is served. The specific timeline for parole eligibility varies by state and depends on the specific laws in place. In contrast, indeterminate sentences often have a wider range of potential release dates determined by a parole board.
Generally, under a determinate sentence, the defendant will serve the exact length of time that the judge orders. However, the actual time served may be less than the sentence length due to credits for good behavior, also known as “good time” credits. Additionally, determinate sentences can sometimes be reduced through sentence modification or commutation.
Timelines: Usually, determinate sentences involve fixed prison terms, however some states allow a defendant sentenced to a fixed term to seek parole after only a portion of the sentence is served. The specific timeline for parole eligibility varies by state and depends on the specific laws in place in the state where the defendant is serving their sentence. In contrast, indeterminate sentences often have more potential release dates that are determined by a parole board.
Here are some examples of the ways in which a defendant’s sentence can be reduced:
Good Behavior Credits
Imagine a defendant receives a determinate sentence of 10 years. The state where they are incarcerated allows inmates to earn “good time” credits, reducing their sentence length for good behavior and participation in certain programs. If the defendant consistently exhibits good behavior and earns these credits, they could potentially be released before the 10 years have passed.
Sentence Modification
In another scenario, a defendant might be serving a determinate sentence of 15 years. However, new evidence comes to light that might have altered the original sentence. The defendant’s attorney could petition the court for a sentence modification, potentially reducing the sentence length.
Commutation
Consider a defendant who receives a 20-year determinate sentence. If the governor or president (depending on whether it’s a state or federal case) decides that the sentence was overly harsh, they have the power to commute, or reduce, the sentence.
For example, if a defendant was given a 20-year sentence for a non-violent drug offense, a governor committed to criminal justice reform might decide to commute the sentence to 10 years.
Parole Eligibility
In some jurisdictions, inmates serving determinate sentences may become eligible for parole before their sentence ends. For instance, a person with a 10-year determinate sentence might become eligible for parole after serving half of the sentence, depending on the laws of the jurisdiction.
Educational Programs
Some prisons offer sentence reduction in exchange for participation in educational or vocational programs. For example, an inmate serving a 10-year determinate sentence might have their sentence reduced by a year if they obtain a GED or complete a certain number of vocational training hours.
Early Release for Overcrowding
In some extreme cases, jurisdictions dealing with severe prison overcrowding might release inmates serving determinate sentences early. For instance, an inmate with a 5-year sentence might be released after 3 years if the prison needs to free up space.
Is Determinate the Same as a Consecutive Sentence?
No, determinate sentencing and consecutive sentencing are not the same thing. Determinate refers to the length of a sentence being definite and not subject to review by a parole board. Consecutive sentencing refers to the way multiple sentences are served when a defendant has been convicted of more than one crime. If sentences are served consecutively, it means one sentence begins immediately after the other ends. This is in contrast to concurrent sentencing, where all sentences are served at the same time.
Let’s consider examples that illustrate the difference,
Determinate Sentence
John is convicted of burglary. The judge, following state guidelines, sentences John to a determinate sentence of 5 years. This means John will serve exactly 5 years, subject to any reductions like “good time” credits. There’s no parole review here; the length of the sentence is definite from the start.
Consecutive Sentence
Now let’s consider a situation where John is convicted of two crimes: burglary and assault. For each crime, he is given a determinate sentence of 5 years. The judge orders these sentences to be served consecutively. This means John will first serve the 5-year sentence for burglary. Only after completing this sentence will he begin serving the 5-year sentence for assault. In total, John will serve 10 years under the consecutive sentences.
By contrast, if the judge had ordered the sentences to be served concurrently, John would serve both 5-year sentences at the same time, meaning he would be out in 5 years total.
Work Release Programs
In some states, prisoners serving determinate sentences can participate in work release programs. These programs allow prisoners to work at an off-site location during the day and return to the prison at night.
Not only does this provide the prisoner with valuable job training, but it can also lead to a reduction in their sentence. For instance, a prisoner serving a 7-year sentence may have their sentence reduced by a day for every day they participate in the program. Over time, this can significantly shorten their time behind bars.
Substance Abuse Treatment
Many prisons offer sentence reductions to prisoners who successfully complete substance abuse treatment programs. For instance, a prisoner serving a 10-year determinate sentence for a drug-related crime might have their sentence reduced by a year or more upon completion of an approved treatment program. This not only provides an incentive for prisoners to address their substance abuse issues but also reduces the overall prison population.
Restorative Justice Programs
Some jurisdictions offer restorative justice programs, which allow victims and offenders to come together in a controlled, supportive environment to discuss the crime and its impact. If a prisoner serving a determinate sentence participates in such a program and meets certain criteria, they may be eligible for a sentence reduction. For instance, a prisoner serving a 15-year sentence for burglary may have their sentence reduced by two years upon successful completion of a restorative justice program.
Elderly and Medical Release
Some jurisdictions provide early release options for elderly or seriously ill prisoners. For instance, a prisoner serving a 20-year determinate sentence may be released after serving half of their sentence if they are over a certain age or suffering from a severe, debilitating illness. This not only helps address the issue of prison overcrowding, but also the ethical concerns of keeping elderly or seriously ill individuals behind bars.
Presidential or Gubernatorial Pardons
In some rare cases, a prisoner serving a determinate sentence might have their sentence commuted or even be granted a full pardon by the President (in federal cases) or Governor (in state cases). For example, a prisoner serving a 25-year sentence for a non-violent offense could have their sentence commuted to time served if the executive believes that the original sentence was too harsh.
Again, these examples are simplistic. Actual sentencing can be influenced by a multitude of factors and can be more complex.
Should I Talk with an Attorney about Determinate Sentencing?
Absolutely. If you’re facing criminal charges, it’s crucial to have a skilled attorney on your side who understands the complexities of the criminal justice system, including determinate sentencing.
An experienced criminal defense lawyer can explain the potential sentences you may be facing and can work to present the best possible defense on your behalf. LegalMatch can help you find the right attorney for your case – begin your search on LegalMatch today.
