NCJ Number
42540
Date Published
1974
Length
59 pages
Annotation
THE PURPOSE OF THIS REPORT IS TO SURVEY THE UTILIZATION AND IMPACT OF SECTION 1203.03 OF THE CALIFORNIA PENAL CODE SINCE ITS ENACTMENT INTO LAW IN 1957.
Abstract
THE SECTION OF THE PENAL CODE UNDER CONSIDERATION AUTHORIZES THE CRIMINAL COURTS TO SEND, PRIOR TO SENTENCING, AN INDIVIDUAL CONVICTED OF AN OFFENSE PUNISHABLE BY IMPRISONMENT TO A RECEPTION-GUIDANCE CENTER FOR A PERIOD OF UP TO 90 DAYS. DURING THIS TIME, THE STAFF OF THE DEPARMENT IS TO PREPARE FOR THE COURT AN EVALUATION OF THE PERSON, INCLUDING A RECOMMENDATION FOR AN APPROPRIATE SENTENCE, OR OTHER ALTERNATIVE. THE FINDINGS OF THE STUDY NOTE A GROWTH IN THE UTILIZATION OF THE PROGRAM BEYOND NORMAL INCREASES IN POPULATION OR IN THE NUMBER OF FELONY CONVICTIONS. IN TERMS OF THE COURTS' ACCEPTANCE OF DIAGNOSTIC RECOMMENDATIONS, IT WAS FOUND THAT THE COURTS' ACCEPTANCE OF RECOMMENDATIONS FOR COMMUNITY DISPOSITIONS HAS BEEN SUBSTANTIALLY GREATER THAN THAT OF RECOMMENDATIONS FOR PRISON. DISPARITIES IN SENTENCING PRACTICES AMONG THE COURTS, HOWEVER, CONTINUES TO BE VERY STRIKING. THERE IS NO EVIDENCE OF THE PROGRAM'S IMPACT IN THIS AREA. THE NUMBER OF LONG-TERM COMMITMENTS TO THE DEPARTMENT OF CORRECTIONS IS CONSIDERED TO HAVE BEEN REDUCED BECAUSE OF THE POSSIBILITIES FOR DIVERSION AVAILABLE THROUGH SECTION 1203.03, RESULTING IN A CONSIDERABLE MONETARY SAVINGS BOTH IN COST FOR MAINTENANCE AND NEW CONSTRUCTION....RCB