Effective Sentence: How the Indeterminate Sentence Incentivizes Rehabilitation

• In Event: Poster Session 1

Abstract

In 2023, California passed AB 1104 setting forth rehabilitation as the purpose of incarceration. However, relatively little research has been conducted on how best to incentivize incarcerated people to pursue rehabilitation. The purpose of the study was to determine the effect of sentence type (indeterminate or determinate) on prisoners’ pursuit of rehabilitation. This study utilized a mixed methods design (in depth interviews and self-administered questionnaires). The results of this study indicate that an indeterminate sentence creates an incentive for prisoners to engage in rehabilitative efforts. Conversely, determinately sentenced individuals were less likely to pursue rehabilitation and more likely to receive disciplinary write-ups. Ultimately, the findings suggest that the most effective sentence at incentivizing rehabilitation is an indeterminate sentence, with a reasonable opportunity for parole. Indeterminate sentences for all will encourage prisoners to engage in rehabilitation early in their sentence, while providing an opportunity for early release. At the same time, indeterminate sentences will give the state a mechanism to insure non-rehabilitated prisoners are not released.

Author

• Babak Azadgilani, University of California, Irvine