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Jailing illegal immigrants grows costly for county

Federal reimbursements not keeping pace with expenses

By Angelica Martinez, amartinez@VenturaCountyStar.com
June 12, 2005

Ventura County is losing nearly $3.5 million in reimbursement fees for jailing undocumented immigrant criminals -- and the county isn't alone. Hundreds of California jails are bearing these costs.

A recent audit conducted by the U.S. Government Accountability Office shows that less money is being reimbursed to local governments for jailing convicted immigrants because there are more agencies seeking reimbursement and less money available in congressional appropriations.

The federal Bureau of Prisons estimated the cost to incarcerate criminal undocumented immigrants in state prisons and local jails increased from about $950 million in 2001 to about $1.2 billion in 2004 -- a 26 percent increase. Meanwhile, federal reimbursements declined from $550 million in 2001 to $280 million in 2004, in large part because of a reduction in congressional appropriations, according to the audit.

Ventura County received about $1.3 million in 2001, the last year for which figures are available, said Kathryn E. Kemp, chief deputy of the detention services. That's a drastic difference from what sheriff's officials anticipate will be the county's reimbursement next year -- about $342,000, only 9 percent of the $3.8 million requested for housing 1,118 inmates, Kemp said.

"We are getting a paltry percent reimbursed. It is the county's policy to get full cost reimbursement. But, in this case, there's not a whole lot we can do," said Frank Chow, the analyst in the county executive office for public safety programs. "This year, the funds are a lot lower than what it used to be, but the costs are higher. It's reflected in our budget, but the Sheriff's Department absorbs these costs."

The county also is limited in getting reimbursements based on the type of crime and length of sentences of undocumented immigrants.

The inmates have to be convicted of a felony or two misdemeanors and jailed a minimum of four days to be counted for reimbursement, according to the State Criminal Alien Assistance Program. The 1994 Crime Act authorized $1.8 billion over six years to assist with costs of incarcerating criminal undocumented immigrants in state facilities. In 1996, local governments became eligible for reimbursement.

Ventura County sheriff's deputies estimate it costs about $81 a day to house such inmates. That's the formula they use when submitting their reimbursement requests.

"That's what we ask for, but that's not always what we get," Kemp said.

The large costs and small reimbursements have had a ripple effect on overcrowding and staffing issues in the jail. Those problems have led to the closure of two county jail facilities.

"Over the last two years, the department's lost over 100 sworn positions. About half of those were in detention services," Kemp said.

The county also shut down its jail in Ojai that housed women awaiting sentencing and offered programs to those already serving their sentences.

Right now, the Ventura County Main Jail is at its full capacity of 1,600, and inmates are being released early for lack of space.

"We've been doing accelerated releases almost every weekend with some regularity," Kemp said. "If an inmate is doing a 30-day sentence, they get five days kicked off, automatically."

Despite the grim numbers, Sheriff Bob Brooks said things could be worse.

"In our estimation, this is a federal responsibility. The federal government is the only resource for our funding," Brooks said. "And, since 2001, there has been a movement to have those funds wiped out. I understand that we have a war to prosecute, but from a local perspective, we still have some needs."

Brooks said he felt lucky that Rep. Elton Gallegly, R-Simi Valley, has fought to keep funds the department still gets.

"If we lost that, it would be devastating to provide the basic services," he said.

Gallegly said providing funding for the Sheriff's Department is important, but "is a Band-Aid and is not addressing the problem."

Criminal undocumented immigrants who have been convicted of misdemeanors could be those released early because of overcrowding, and they are not being deported, Gallegly said.

"There's a much bigger problem than having the money. This is a federal problem. It is the federal government's responsibility to eliminate the unchecked flow that is staying here in this country, not just the ones that are coming here every day," he said.

The assistance program reimbursed 752 local governments for jailing about 138,000 undocumented criminals in 2002, according to the audit. A year later, the program reimbursed 698 agencies for about 147,000 of those inmates. Authorities say the number of agencies seeking reimbursements fluctuates every year, but the number of inmates has steadily increased as the funds have declined.

The program started with $500 million appropriated for reimbursements in 1997. The figures rose the next three years to $585 million. Then the money started to decline, first to $565 million in 2002, then to $250 million the following year. There is $300 million set aside for 2005.

Local representatives said they're aware of the budget constraints and are fighting for more money.

"(The assistance program) which reimburses states and local governments for the costs of incarcerating criminal aliens is vital to California," Rep. Lois Capps, D-Santa Barbara, said in a written statement released by her office. She said she recently signed a bipartisan letter with other California congressional members seeking more funding in next year's budget.

"Local governments are asked to do more to protect our homeland," she said, "and Congress needs to give them the tools necessary to do this."

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