California’s Hidden Mass Incarceration Crisis: How CDCR is Holding Thousands Beyond Their Lawful Release Dates

California’s Hidden Mass Incarceration Crisis: How CDCR is Holding Thousands Beyond Their Lawful Release Dates

By (Devon T. White)
ThaWilsonBlock Magazine

California’s prison system is quietly carrying out one of the largest campaigns of unlawful incarceration in modern American history. Right now, thousands of people are being held beyond their lawful release dates by the California Department of Corrections and Rehabilitation (CDCR), in direct violation of state law and constitutional rights.

At the heart of this injustice is a fundamental misunderstanding—whether intentional or negligently perpetuated—about the difference between determinate terms and indeterminate terms in California sentencing law. This isn’t just confusing legal jargon; it determines whether a person is legally free or unlawfully imprisoned.

The Law is Clear

Under California law:

• The determinate term (DT) is the part of a sentence that represents physical custody. It’s the actual time someone is ordered to serve in prison.
• The indeterminate term (IT)—such as a life sentence with the possibility of parole—represents constructive custody, meaning parole supervision, not physical imprisonment.
• This distinction is explicitly set out in Penal Code 669, which separates the two components of a sentence and directs that the determinate term must be served first. Only after completing the DT does a person transition to the IT, which is essentially parole.

Further, Penal Code 3000(a)(1)-(b)(1) establishes what’s called the mandatory kickout release to parole supervision once the determinate term is complete. This means once the prison portion is done, a person must be released to serve the parole portion of their sentence.

Where CDCR and BPH Go Wrong

Despite these clear laws, CDCR continues to hold thousands past their DT under the misleading notion that they must face the Board of Parole Hearings (BPH) to be released. But here’s the problem:

• The BPH is only authorized to conduct hearings for parole revocation, sex offenders, mentally disordered offenders, or lifers already on parole.
• You cannot revoke parole for someone who’s never been released to parole supervision.
• This means that forcing people who’ve completed their DT to remain incarcerated under the pretext of a parole hearing is not just a bureaucratic mix-up—it’s a constitutional violation.

The Constitutional Crisis

Holding people in prison beyond their lawful term violates:

The 5th Amendment right against deprivation of liberty without due process,

The 8th Amendment prohibition on cruel and unusual punishment, and

The 14th Amendment guarantee of equal protection under the law.

Even more alarming, by misleading incarcerated individuals—especially so-called “lifers”—into believing the indeterminate term means more prison time rather than parole supervision, CDCR is effectively running a state-sanctioned criminal enterprise, deceiving the public and violating human rights on a mass scale.

Over 30,000 Lives in the Balance

There are currently over 30,000 people in California prisons under indeterminate sentences who have been led to believe that “life” means endless incarceration. In reality, once they’ve served their determinate term, the law requires they be released to parole. Instead, many remain locked up indefinitely—without lawful authority.

Why This Matters to All of Us

This is not just a crisis for those inside. It’s a betrayal of every Californian’s trust in a fair and constitutional system of justice. It’s also a staggering misuse of taxpayer dollars—money that could be funding schools, housing, and community health instead of illegally prolonging imprisonment.

The Call to Action

It’s time for lawmakers, advocates, journalists, and everyday citizens to demand transparency and accountability from CDCR. No one should be imprisoned a single day beyond what the law allows.

The stakes are nothing less than liberty itself.

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