NCJ Number
108426
Date Published
1984
Length
52 pages
Annotation
This study examines the costs and benefits of recent California sentencing laws for burglary and recommends legislation to improve the cost effectiveness of sentencing decisions for burglary.
Abstract
The sentencing law enacted in 1980 to create a presumption against probation for residential burglars (SB 1236) has resulted in a 79.4-percent increase in the number of persons committed to California State prisons between 1980 and 1982. The law (SB 200) which redefines the scope of first-degree burglary to include daytime residential burglaries has produced longer prison sentences for offenders formerly convicted as second-degree burglars. Both of these laws have increased the operating and capital costs for burglary sentences, while they have affected only a small part of the crime problem due to the low arrest rate for burglars. Also, the granting or denial of probation to burglars has been haphazard, with some minor offenders being sent to prison while some habitual burglars have received probation. Legislation should establish guidelines for courts to use in deciding on whether to grant probation to persons convicted of burglary. To promote uniformity in burglary sentencing law and ensure that the most dangerous burglars are imprisoned, an ongoing review process should be established in the Board of Prison Terms. 19 tables and 17 footnotes.