Prison Release: Degrees of Indeterminacy Project

The Prison Release: Degrees of Indeterminacy Project examines the use of prison-release discretion and how the use of that discretion affects prison population size. 

The rise of mass incarceration in the U.S. was driven by a combination of growth in prison admissions and increases in the length of time served. Despite the importance of time served, little research has been done to understand how key "back-end" decisions points influence prison sentence length. This project is the first to conduct a review of the discretionary powers that affect prison sentence length post-sentencing — both in statute and in practice — by analyzing parole eligibility and release formulas, good time allowances, mandatory-release ceilings, and other forms of “time-served authority” that engage after judicial sentencing. The research will span all 50 states to develop comparative measures of the “degree of indeterminacy” in each system. From a policy perspective, this will identify available administrative levers for reform. Each state has the potential to expand or reduce its prison population size through changes in parole-release decision-making. Additionally, this project partners with the Colorado Board of Parole and the Colorado Department of Corrections to closely investigate how its prison-release decision-making affects prison term lengths. The goals of the project are to highlight the role “back-end” decisions play in determining prison population size, provide a comparative assessment of prison release frameworks across the U.S., and to offer states information on how to better control and reduce their prison populations.