Utah's judges can offer range in sentencing years

Utah falls under Bill O'Reilly's consternation because of indeterminate sentencing, which allows judges to prescribe a range of years for which an offender is incarcerated.

For a third-degree felony, a convict will be sentenced to zero to five years in prison. A second-degree felony will land someone in prison for one to 15 years, and a first-degree felony will warrant a five-years-to-life sentence.

The state's Board of Pardons and Parole has the ability to review inmates' progress and compare inmates to determine how long someone actually spends in prison.

Indeterminate sentencing is especially effective for sex offenders, said board member Curt Garner, because offenders have no way of knowing how long they will spend in prison.

"They have to earn (parole)," Garner said.

Inmates who progress faster and can get into treatment programs generally will be seen in a favorable light by the board.