Section 462.5 Of Chapter 2. Burglary From California Penal Code >> Title 13. >> Part 1. >> Chapter 2.
462.5
. (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
custodial institution burglary. In any case in which a person is
convicted of a misdemeanor custodial institution burglary, such
person shall be confined in the county jail for not less than 90 days
nor more than one year except in unusual cases where the interests
of justice would best be served by the granting of probation.
(b) As used in this section, "custodial institution burglary"
shall mean a violation of Section 459 on the grounds of any jail or
correctional institution with the intent to steal items to use or
convert for use as weapons, escape tools, or intoxicating drugs.
(c) If the court grants probation under subdivision (a), it shall
specify the reason or reasons for such order on the court record.
(d) Any person convicted of custodial institution burglary shall
serve his or her sentence, including enhancements, consecutive to any
other sentence in effect or pending. The felony sentence shall be
calculated under Section 1170.1.