This entry contains information applicable to United States law only. The behavior of a repeat or habitual criminal. A measurement of the rate at which offenders commit other crimes, either by arrest or conviction baselines, after being released from incarceration.
Both state and federal laws have been enacted in an attempt to reduce the number of repeat or habitual offenses. For example, Washington's habitual criminal statute imposes a minimum sentence of ten years imprisonment for persons convicted of a second felony, third misdemeanor, or third petit larceny. Furthermore, in the event that a person is convicted of a third felony, fifth misdemeanor, or a fifth petit larceny, the statute imposes a life sentence (Wash. Rev. Code § 9.92.090 [1996]).
Another state that has enacted a recidivism statute is California. California's recidivism statute, more commonly known as the three-strikes law, increases sentencing when the recidivist commits additional crimes. If convicted of a second felony, the criminal's sentence doubles the sentence of the first-time felon, and if convicted of a third violent crime or serious felony, the person will be sentenced to triple the sentence of a first-time felon, or twenty-five years imprisonment, whichever is greater (Cal. Penal Code § 667 [West 1996]).
Congress also responded to the recidivism rates in the United States by enacting the Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. No. 103-322, 108 Stat. 1796). This act mandates life imprisonment for the commission of a serious violent felony, or a combination of two or more serious felonies or drug offenses.
There are many ideas on how to solve the problem of recidivism. Some of these include requiring literacy programs in penal institutions, electronic monitoring of home confinement, greater use of halfway houses, and "boot camp" programs consisting of military marching, discipline, physical training, work, classes, and drug and alcohol treatment for young, first-time offenders.