NCJ Number
98207
Date Published
1985
Length
37 pages
Annotation
This study examines the impact of Chapter 42, Statutes of 1980, which prohibits probation for persons convicted of residential burglary, on the crime rate and sentencing in California.
Abstract
Uniform Crime Report (UCR) and National Crime Survey (NCS) burglary data for California were examined for the years 1981 and 1982, following the passage of Chapter 42 and prior to the implementation of two additional statutes increasing the penalties for burglary. Both data sets show a decline in residential burglary rates for the years studied. However, UCR data show a decline beginning in 1981, while NCS data show a decline beginning in 1977. Similar declines were found for other States during this period, although few others have increased penalties. Since enactment, superior courts have sentenced burglars to prison with greater frequency and have granted probation with a jail term with less frequency. To a lesser extent, municipal courts have begun to impose jail terms as a condition of probation with greater frequency and straight probation with less frequency. Because of the decline in burglary rates in other States and other factors which may underly such declines, the decreasing rate found in California cannot be attributed solely to Chapter 42. It has resulted, however, in more prison sentences for convicted burglars. By taking these offenders off the street, it is almost certain the Chapter 42 has had some impact on burglary rates.