A determinate sentence, or a fixed-term sentence, is a court order ordering the offender to serve a specific amount of time in prison or a jail facility. Determinate sentences are typically part of a criminal sentence for a misdemeanor or a felony, and the assigned amount of time is based on the guidelines of the court.
How Do Determinate Sentences Work?
In the United States, determinate sentences are the most common type of sentences handed out by courts, and they are usually assigned for offenses considered to be non-violent. Determinate sentences require the offender to serve the entire specified time period in full, without the possibility of parole, early release, or good behavior reductions. In many cases, an offender may be eligible for time credits if they participate in certain programming or community service.
Example of a Determinate Sentence
As an example, an individual arrested for possession of a controlled substance may be sentenced to one year in prison, with a determinate sentence. This means the offender will serve the full year in prison, with no possibility of parole or early release. In comparison, an offender who is convicted of a violent crime may be sentenced to an indeterminate sentence, which can have a minimum and maximum number of years the offender must serve in prison, with the possibility of parole or early release if they meet certain criteria.