Determinate Sentencing and Administrative Discretion Over Time Served in Prison: A Case Study of Florida

Abstract

The national movement for determinate sentencing, which began in the late 1960s, is rooted in two related principles: that the sentence imposed in court should bear a reasonable resemblance to the sentence served and that postconviction administrators should have little or no discretion over the duration of incarceration. This case study examines the forces that drove policymakers in Florida, where determinate sentencing was enacted in 1983, to violate both principles. In 1993, the state's determinate sentencing structure was revamped to rectify these fundamental deficiencies, but recent amendments suggest that the demise of administrative early release may be short-lived.