1,240 foreign nationals (criminal aliens) incarcerated in DOC prison system

Article subtitle: 
Oregon legislators must pass Legislation to help recoup the $34,660,710.00 incarceration costs
Article author: 
David Olen Cross
Article publisher: 
OFIR
Article date: 
Tuesday, September 4, 2012
Article category: 
Oregon Issues
Medium
Article Body: 

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated August 1, 2012 DOC indicated there were 14,215 prisoners incarcerated in DOC’s 14 prisons (See attachment).

Not included in DOC’s August 1st Inmate Population Profile was DOC data indicating there were 1,240 foreign nationals (criminal aliens) incarcerated in its prison system (See attachment).

All 1,240 criminal aliens incarcerated on August 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for identifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC August 1st prison population (See table).

 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Domestic Inmates

DOC Inmates W/ICE detainers

DOC % Inmates W/ICE detainers

August 1, 2008

13,595

12,518

1,077

7.92%

August 1, 2009

13,903

12,687

1,216

8.75%

August 1, 2010

14,054

12,809

1,245

8.86%

August 1, 2011

14,027

12,810

1,217

8.68%

August 1, 2012

14,215

12,975

1,240

8.72%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08rtf – 01 AUGUST 12.rtf and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

Comparing DOC criminal alien incarceration numbers from August 1, 2008 (1,077 criminal aliens) and August 1, 2012 (1,240 criminal aliens), the DOC prison system incarcerated 163 criminal aliens more than it did on August 1, 2008, a 15.13% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE detainers

DOC Inmates W/ICE detainers # Increase or (Decrease) from Previous Year

DOC Inmates W/ICE detainers % Increase or (Decrease) from Previous Year

August 1, 2008

1,077

————

————

August 1, 2009

1,216

139

12.91%

August 1, 2010

1,245

29

2.38%

August 1, 2011

1,217

(28)

(2.25%)

August 1, 2012

1,240

23

1.89%

Total

163

15.13%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08 – 01 AUGUST 12 and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

When comparing DOC domestic criminal incarceration numbers from August 1, 2008 (12,518 domestic criminals) and August 1, 2012 (12,975 domestic criminals), the DOC prison system incarcerated 457 domestic criminals more than it did on August 1, 2008, a 3.65%% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Domestic Inmates

DOC Domestic Inmates # Increase or (Decrease) from Previous Year

DOC Domestic Inmates % Increase or (Decrease) from Previous Year

August 1, 2008

12,518

————

————

August 1, 2009

12,687

169

1.35%

August 1, 2010

12,809

122

0.96%

August 1, 2011

12,810

1

0.01%

August 1, 2012

12,975

165

1.29%

Total

457

3.65%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08 – 01 AUGUST 12 and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

A review of the 1,240 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 0-Baker (0.00%), 14-Benton (1.13%), 86-Clackamas (6.93%), 8-Clatsop (0.64%), 1-Columbia (0.08%), 9-Coos (0.72%), 3-Crook (0.24%), 1-Curry (0.08%), 17-Deschutes (1.37%), 5-Douglas (0.40%), 1-Gilliam (0.08%), 1-Grant (0.08%), 3-Harney (0.24%), 6-Hood River (0.48%), 47-Jackson (3.79%), 13-Jefferson (1.05%), 11-Josephine (0.89%), 10-Klamath (0.81%), 0-Lake (0.00), 68-Lane (5.48%), 8-Lincoln (0.64%), 28-Linn (2.26%), 10-Malheur (0.81%), 279-Marion (22.50%), 7-Morrow (0.56%), 280-Multnomah (22.58%), 1-OOS (0.08%), 19-Polk (1.53%), 0-Sherman (0.00%), 3-Tillamook (0.24%), 23-Umatilla (1.85%), 2-Union (0.16), 0-Wallowa (0.00%), 4-Wasco (0.32%), 238-Washington (19.19%), 0-Wheeler (0.00%), and 34-Yamhill (2.74%).

No member of the Oregon State Legislature should forget the uncounted crime victims and their families, no matter what their immigration status, all victims of the 1,240 criminal aliens incarcerated in DOC prisons.

A review of the 1,240 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following: 4-arsons (0.32%), 131-assaults (10.56%), 25-burglaries (2.02%), 29-driving offenses (2.34%), 171-drugs (13.79%), 4-forgeries (0.32%), 154-homicides (12.42%), 50-kidnappings (4.03%), 69-others (5.56%), 178-rapes (14.35%), 81-robberies (6.53%), 230-sex abuses (18.55%), 95-sodomies (7.66%), 12-thefts (0.97%), and 7-vehicle thefts (0.56%).

Oregon State Legislators should not overlook the source of the preceding crimes, the country of origin of the 1,240 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,240 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 9-Canada (0.72%), 12-Cuba (0.97%), 17-El Salvador (1.37%), 32-Guatemala (2.58%), 12-Honduras (0.97%), 7-Laos (0.56%), 1,017-Mexico (82.02%), 89-others (7.18%), 6-Philippines (0.48% ), 8-Russia (0.64%), 13-Ukraine (1.05%), and 18-Vietnam (1.45%).

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

An individual prisoner in the DOC prison system costs approximately ($82.48) per day to incarcerate (See link).

http://www.oregon.gov/DOC/PUBAFF/docs/pdf/IB_53_quick_facts.pdf

The DOC’s incarceration cost for its 1,240 criminal alien prison population is approximately ($102,275.20) per day, ($715,926.40) per week, and ($37,330,448.00) per year.

Even taking into account fiscal year 2011 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award of $2,669,738.00 if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2012, the cost to incarcerate 1,240 criminal aliens to the DOC will be at least ($34,660,710.00) (See link).

http://www.ojp.usdoj.gov/BJA/grant/11SCAAPAwards.pdf

None of my preceding cost estimates for the DOC to incarcerate the 1,240 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.


An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, August 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.” Under ORS 181.850, Section (2), Oregon law enforcement may exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.leg.state.or.us/ors/181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, or maim Oregonians.

I ask the Oregon Legislature to please introduce, support, and pass legislation to fight foreign national crime in the next Oregon State Legislature legislative session.