California’s criminal justice system primarily uses a fixed-term model known as determinate sentencing. However, for certain serious and violent crimes, the state still applies an alternative method: indeterminate sentencing. This type of sentence includes a range, such as “15 years to life,” meaning the individual must serve at least the minimum term before becoming eligible for parole. Whether the person is released after that minimum depends on a discretionary review by the parole board.
Understanding how indeterminate sentencing functions in California is critical for legal professionals, defendants, families, and anyone interested in criminal justice reform.
What Is Indeterminate Sentencing?
Indeterminate sentencing involves a sentence range—such as “15 years to life”—rather than a fixed term. The key characteristics of this model include:
A minimum term the offender must serve.
Eligibility for parole after the minimum term, but no guarantee of release.
Parole board review, which determines if and when the offender can be released.
In contrast, determinate sentencing specifies a fixed prison term (e.g., five years), after which the person is typically released without the need for a parole hearing.
Crimes That Carry Indeterminate Sentences
Not all crimes in California qualify for indeterminate sentencing. It is generally reserved for severe felonies, including:
First-degree murder
Second-degree murder
Some sex offenses
Kidnapping under aggravated circumstances
Third-strike offenses under California’s Three Strikes Law
For example, someone convicted of first-degree murder may receive a sentence of 25 years to life. Similarly, an individual with two prior serious felony convictions who commits another qualifying felony may receive a 25-years-to-life sentence under the Three Strikes Law.
How Sentencing Works in These Cases
When someone is convicted of a crime that falls under the indeterminate sentencing category, the court imposes a sentence with a minimum and a maximum term.
Example:
Crime: First-degree murder
Sentence: 25 years to life
The individual must serve at least the 25 years before becoming eligible for parole. However, release is not automatic at that point.
Parole Suitability Hearings
Once an inmate completes their minimum sentence, they become eligible for a parole suitability hearing. These hearings are conducted by the California Board of Parole Hearings (BPH), which reviews:
The original offense and its severity
The inmate’s behavior in prison
Participation in rehabilitation programs
Psychological evaluations
Evidence of remorse or insight into the offense
The risk of reoffending if released
If the board determines the inmate poses no unreasonable risk to public safety, they may be granted parole. If not, the parole is denied, and a new hearing is scheduled several years later.
What Happens If Parole Is Granted?
When parole is granted, a release date is scheduled. The individual will then be supervised under parole conditions for a specified period, typically three to five years.
However, in murder cases, the Governor has the authority to review the parole decision and may reverse it under certain circumstances.
What Happens If Parole Is Denied?
If the parole board denies parole, the inmate remains incarcerated. The next hearing may be scheduled anywhere from 3 to 15 years later, depending on the specifics of the case and the risk assessment.
This means that even after serving the minimum term, some individuals may spend many additional years in prison if they are not deemed ready for release.
Proposition 57 and Recent Reforms
Proposition 57, passed by California voters in 2016, introduced significant reforms aimed at expanding parole opportunities for non-violent offenders. It allowed individuals convicted of nonviolent crimes and serving indeterminate sentences—particularly third-strikers—to be considered for parole earlier than before, based on their primary offense and credits earned through rehabilitation programs.
These reforms apply primarily to nonviolent offenders but do not extend to serious violent crimes like murder.
Indeterminate vs. Determinate Sentencing: A Comparison
| Feature | Determinate Sentencing | Indeterminate Sentencing |
|---|---|---|
| Sentence Type | Fixed term (e.g., 5 years) | Range (e.g., 15 years to life) |
| Parole Eligibility | Often no parole board review | Requires parole board review |
| Offense Type | Most nonviolent or low-level crimes | Serious or violent crimes |
| Flexibility | Less flexible | More discretion at release |
| Rehabilitation Incentive | Moderate | Strong |
| Public Safety Control | Predictable release | Evaluated case-by-case |
Encourages Rehabilitation: Inmates have a clear incentive to participate in education, vocational training, and self-help programs.
Allows Flexibility: The parole board can tailor decisions to individual circumstances rather than applying a one-size-fits-all sentence.
Protects Public Safety: If an inmate is still considered dangerous, the parole board can deny release.
Criticisms of Indeterminate Sentencing
Uncertainty: Offenders and their families face uncertainty about actual release dates.
Inconsistent Decisions: Parole board decisions may vary widely from case to case, leading to perceived unfairness.
Psychological Impact: Long periods of incarceration without a definite release date can negatively affect mental health.
Resource Intensive: Requires regular hearings and evaluations, placing demands on correctional and legal systems.
The Role of Sentence Enhancements and Credits
Some laws add time to an indeterminate sentence based on specific circumstances. For example:
Use of a firearm during a crime
Gang affiliation
Prior serious felony convictions
Additionally, good behavior and participation in prison programs can earn inmates credits, which may shorten the time required before a parole hearing. However, such credits do not eliminate the need to attend a suitability hearing.
Conclusion
Indeterminate sentencing in California remains an essential component of the state’s approach to handling serious crimes. While it offers flexibility and promotes rehabilitation, it also introduces challenges around fairness, predictability, and mental well-being.
Individuals serving indeterminate sentences may eventually earn release, but only after careful review by the parole board. Understanding the process—from sentencing to parole eligibility—is crucial for anyone impacted by California’s criminal justice system.
As sentencing laws and parole eligibility requirements continue to evolve through legislation and voter initiatives, keeping up with changes is vital for attorneys, advocates, and families alike.
