Utah avoids longer prison terms

Nationally, one in 11 inmates is serving life term

Published: Monday, May 17 2004 12:00 a.m. MDT

Utah has not been part of a national movement toward longer prison sentences, officials say.

A recent report by the Sentencing Project found that one of every 11 inmates in the United States is serving a life sentence, an 83 percent increase over the past decade.

It said the longer sentences are a result of sweeping changes in state sentencing laws, with many states enacting tougher minimum-mandatory sentencing laws that eliminate discretionary justice in the courts and prisons.

In Utah, people convicted of first-degree felonies are sentenced to five years to life in prison, and the state Board of Pardons and Parole determines how long they actually serve.

It's called indeterminate sentencing, said John Green, the board's administrative coordinator. "We think it's an outstanding system, and we believe it's the best system in the country. Other states are astounded at what Utah does."

One in every four Utah inmates has been convicted of a first-degree felony, which means Utah has more potential lifers than any other state.

However, those convicted of first-degree felonies only serve an average of about eight years in prison, said Jack Ford, Department of Corrections spokesman.

"The indeterminate sentencing allows a parole board to look at each case on a case-by-case basis," Green said. "Every burglary is different, every rape is different, every murder is different. What happens is, in indeterminate sentencing, generally the 'bad of the bad' do longer than the national average. The people that are not necessarily in that category . . . might do the same or less."

The Sentencing Project report suggests sentencing policies should include a range of perspectives, including "the varied goals of sentencing in such cases, the harm to and needs of victims, public safety objectives, and the impact on costs and management of corrections facilities."

Utah's system incorporates all of those, Green said.

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