Thread: California changes parole rule for illegal aliens

California changes parole rule for illegal aliens

By DON THOMPSON, The Associated Press 1:49 p.m. March 2, 2009

SACRAMENTO — California will no longer keep illegal immigrants on parole after they serve their sentences and are deported, leaving it to the federal government to prosecute those who sneak back across the border.
The parole policy change announced Monday will save the state an estimated $10 million annually and reduce the crowded prisons' population by about 1,000 inmates.

About 1,600 deported parolees were caught back in California in 2007, according to the most recent statistics available. Previously, they'd be sent back to state prison for four to eight months for violating their parole.

Under the new policy, the suspects will be turned directly over to federal immigration authorities. They will not be on parole, and therefore could not have their parole revoked and sent back to state prison.
California Corrections Secretary Matthew Cate sent a letter to U.S. Homeland Security Secretary Janet Napolitano on Friday informing her of the change.

Cate urged the federal government to charge the ex-convicts with a federal crime that could carry a 10-year federal prison sentence instead of relying on the state to incarcerate the offenders for brief stints.
"Such punishment, not short parole violation terms, is appropriate for these offenders," Cate said in his letter.

Napolitano had not responded by Monday, Cate said. Homeland Security officials did not immediately respond to an Associated Press inquiry Monday.

The state can act without waiting for federal permission.
The federal government reimburses California only about 11 cents for every dollar it spends imprisoning illegal immigrants in state prisons, Cate said.

The policy change also will help trim the number of inmates slightly, as the nation's largest state prison system awaits a federal court order that it reduce its prison population by between 36,200 and 57,000 inmates to ease crowding.

About 20,000 deportable criminals are serving time in California prisons at an annual cost to the state of $970 million. About 12,000 are on parole. They are not actively supervised by parole agents because they have been deported, but under the old policy they could be charged with parole violations if they were caught back in California.

"Far too often, rather than being prosecuted for the federal felony crime ... they are being revoked on parole," Cate said Monday. "We can no longer afford the old policy."
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On the Net:
California Department of Corrections and Rehabilitation Division of Adult Parole:
http://www.cdcr.ca.gov/Parole/index.html

http://www3.signonsandiego.com/stories/ ... ndex=60846

well of course let them loose, right? This is good. It's time the Federal Govt stepped up.

California may have to cut prison population by 40 percent

- CNN.com Federal judges tentatively ruled on Monday that California must reduce the number of inmates in its overcrowded prison system by up to 40 percent to stop a ...
www.cnn.com/2009/CRIME/02/10/california.prisons/ - 72k - Cached - Similar pages

California Ordered To Reduce Prison Population : NPRFeb 16, 2009 ...

The state of California houses more than 150000 prisoners — the largest prison population in the United States.
www.npr.org/templates/story/story.php?s ... t=1&f=1003 - Similar pages

Cate urged the federal government to charge the ex-convicts with a federal crime that could carry a 10-year federal prison sentence instead of relying on the state to incarcerate the offenders for brief stints.
"Such punishment, not short parole violation terms, is appropriate for these offenders," Cate said in his letter.

I'm wondering how Napolitano is going to respond to this?

I might not have a problem with this if the state had a hard line against illegals to begin with. We know they don't.

In addition, there is no guarantee the Federal gov is going to prosecute each one of these illegal, ex-convicts with a federal crime that could carry a 10-year federal prison sentence for felony re-entry after deportation.

If the state is not going to lock them up for a parol violation, then it will be up to the Fed gov to run the ball. We know how that goes!

Originally Posted by NoBueno

I might not have a problem with this if the state had a hard line against illegals to begin with. We know they don't.

Anti (Mexican) Immigrant Sentiment Greater in Calif. Than TX
http://www.alipac.us/ftopict-148126.html

Originally Posted by JohnDoe2

Originally Posted by NoBueno

I might not have a problem with this if the state had a hard line against illegals to begin with. We know they don't.

Anti (Mexican) Immigrant Sentiment Greater in Calif. Than TX
http://www.alipac.us/ftopict-148126.html

Yea...I read that bogus study JD! I do not give that study much validity since their conclusions are based upon a disparity in earnings, which could be based on any number of factors.

Your welcome to believe it though....

Cost of locking up people too high - Pew study

By Lisa Lambert, Reuters 1:12 p.m. March 2, 2009
WASHINGTON, D.C. —

One in every 31 U.S. adults is in the corrections system, which includes jail, prison, probation and supervision, more than double the rate of a quarter century ago, according to a report released Monday by the Pew Center on the States.

The study, which said the current rate compares to one in 77 in 1982, concluded that with declining resources, more emphasis should be put on community supervision, not jail or prison.

“Violent and career criminals need to be locked up, and for a long time. But our research shows that prisons are housing too many people who can be managed safely and held accountable in the community at far lower cost,â€

State to stop imprisoning some illegal-immigration repeat offenders
Federal government should deal with those with prior convictions who unlawfully return to the U.S. after being deported, because California prisons are crowded, state corrections chief says.
By Michael Rothfeld
March 3, 2009
Reporting from Sacramento -- California corrections officials say the state will no longer spend the estimated $10 million a year it costs to lock up undocumented immigrants with prior convictions who reenter the country illegally after being deported.

The stance refers to immigrants who had committed crimes in California and finished serving their terms.


In the past, the state kept them on parole after deportation and incarcerated them for four to eight months for violating their parole by reentering the country illegally. But California is facing an order from a panel of federal judges to reduce the population of its overcrowded prisons.

In a letter to U.S. Department of Homeland Security Secretary Janet Napolitano on Friday and in a news conference Monday, California corrections chief Matt Cate said the federal government should prosecute illegal immigrants who return to the country after deportation because that is a crime under federal law.

Now, when illegal immigrants are released from state prison and given to federal authorities for deportation, they will automatically be discharged from parole.

"Those short prison stints are not punishment enough for these repeat offenders, yet they cost California millions every year to recycle them through our parole process, exacerbating the crowded positions in our prisons," Cate, secretary of the state Department of Corrections and Rehabilitation, said in his letter to Napolitano. "California can no longer afford this practice."

Michael Keegan, a spokesman for the Department of Homeland Security, said the agency had received the letter and was reviewing it.

"We . . . will be responding to the state of California through the proper channels as soon as we're done analyzing the information," he said.

Out of 12,000 undocumented immigrants released to federal authorities for deportation in 2007, nearly 1,600 returned illegally and were sent to prison, which cost the state up to $10 million a year, corrections officials said. Under federal law, they could have been prosecuted and given sentences for up to 20 years for returning to the country illegally, Keegan said.

"In far too many cases, when the federal government did not prosecute, the only recourse was a four- to eight-month parole revocation term," Cate told reporters.

Cate said the immigrants use up resources when they are admitted to state prison because they undergo medical and mental health reviews, but their terms are so short there is no time for rehabilitation.

The state has always had the option of dealing with illegal immigrants by turning them over to the federal Immigration and Customs Enforcement agency to be deported, even if federal prosecutors decline to file charges. State officials, however, preferred sending repeat offenders to prison so they would receive some punishment, said Seth Unger, a spokesman for the state corrections department.

The situation has changed now that three federal judges have said they intend to order the state to reduce its prison population by nearly 60,000 inmates. And Gov. Arnold Schwarzenegger last month cut $400 million from the state prisons’ budget.

michael.rothfeld@latimes.com

http://www.latimes.com/news/local/la-me ... 5145.story

California to halt some illegal immigrant imprisonment

By Andy Furillo , afurillo@sacbee.

last updated: March 03, 2009 07:14:25 AM

California will no longer impose short-stay prison terms on paroled and deported illegal immigrants who return to the state and get caught.

Instead, the undocumented offenders will be subject to lengthier federal terms under the new parole policy for illegal immigrants that was announced Monday by state prison officials.

"When they return across the border, we are finding that far too often, rather than being prosecuted for the federal felony crime of returning as a felon, they are being instead revoked on parole for a short term," state corrections chief Matthew Cate said.

Cate said the cash-strapped state can no longer afford the old policy.

"We need our partners in the federal government to stand beside us and to send a message that if you are a felon deported from California, and you return, you will be prosecuted to the fullest extent of the law," he said.

Under the new policy, the prison system will still make room for the returnees if they come back to California and commit a new crime, Cate said.

But if they're detained only for their immigration status, Cate said, the state instead will turn the undocumented parolees' cases over to the federal government. He said the prison term for illegal re-entry into the United States ranges up to 10 years.

Now the undocumented offenders are subject only to four- to eight-month state parole violations.

According to Department of Corrections and Rehabilitation figures, an estimated 12,000 illegal immigrant parolees were deported in 2007 after serving their terms. About 1,600 of them then returned to California and were sent back to prison on the short-term parole violations.

The policy change announced Monday is expected to cut California's average daily prison population by 1,000 inmates, prison officials said.

Department spokesman Oscar Hidalgo said the reduction will save the state as much as $23 million in prison costs.

Monday's announcement came as the prison agency grapples with a directive from Gov. Arnold Schwarzenegger to slash $400 million from the corrections budget.

It also comes amid a decades-long dispute between the state and the federal government over who should pay how much to house illegal immigrants imprisoned in California. Cate said the state spent $970 million last year and got $110 million back from the federal government.

Last week, Cate sent a letter to federal Homeland Security Secretary Janet Napolitano outlining California's change in direction. Michael Keegan, a spokesman for the federal agency, said homeland security officials are reviewing the letter and that "we'll be responding through the proper government channels."

Assemblyman Jim Nielsen, R-Gerber, met Monday's announcement with derision.

"The feds are not going to take responsibility," Nielsen said. "This does nothing to force the issue whatsoever."

Julia Mass, a spokeswoman for the American Civil Liberties Union's Immigrants' Rights Project in San Francisco, called the decision by the state agency "great."

"It's better that the state not be involved in that process," Mass said. "We hope the federal government is also careful with taxpayers' money and exercises good judgment about when it's necessary to impose long prison sentences."

* Comments


Posted by: DelawareBob 2009-03-03 21:50:19

Rated: 0 by 0 users.

ILLEGAL ALIENS

I just have to ask when California is going to pass a State Illegal Immigration Law like so many other States are doing? You have what, 3 million ILLEGAL ALIENS there? It's costing you $19 BILLION a year to keep them?...not to mention what they send out of the State. Does this help your economy?

It's no wonder your State is bamkrupt. WAKE UP! Get a State law and free your State of the ILLEGAL ALIENS.
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Posted by: jessie71355 2009-03-03 20:07:40

Rated: 0 by 2 users.

listen wayne. Im all for protecting our border. But u know as well as i do that its not in the best interest of any government to fully stop anything illegal. I hate drugs. Especially when our country is being poisoned by other nationals.Law enforcement needs these criminals because it creates jobs! Its a industry within its self. Judges,lawyers, court clerks, officers,etc... Sorry for being so blunt but its the truth.
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Posted by: jessie71355 2009-03-03 19:43:40

Rated: -1 by 3 users.

the truth hurts doesnt it
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Posted by: THENEWWAYNE2009 2009-03-03 18:59:01

Rated: 2 by 4 users.

JESSIE

Your very blunt with your comment, and youknow people will take what you stated as fact so you are part of the bigot problem we have here on the bee.


jessie: answer this. out of the 45 million mexican/hispanics in the united states, how many do you represent, considering in my veiw you just slammed every hispanic in the united states? and then just gave every bigot and racist fuel for the fire. nice going maybe you and lloydchristmas can get together and exchange idea's.
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Posted by: jessie71355 2009-03-03 17:10:45

Rated: -2 by 4 users.

nobody is going to do anything about this issue. America needs drugs. Mexico needs guns. America needs cheaper labor. Mexico needs the Dollars that illegals make. thats the way the world works.

http://www.modbee.com/breakingnews/story/617423.html