House OKs deporting some illegals in prison
By Dan Kane, staff writer
July 7, 2008

RALEIGH - Legislation that could free up as many as 250 prison beds annually by immediately deporting illegal immigrants serving time for some nonviolent felonies is awaiting Gov. Mike Easley’s signature.
Senate Majority Leader Tony Rand’s legislation cleared the House on tonight by a 103-2 vote. There was no debate on the legislation.

Lawmakers are looking at several ways to reduce demand and build more space for inmates.

Rand’s legislation would let prison officials release some illegal immigrants who have served at least half of their minimum sentences for nonviolent crimes to federal immigration officials who would deport them.

If the illegal immigrants returned to the U.S. and were caught, they would have to serve the remainder of their maximum sentence. Illegal immigrants convicted of violent felonies would not be eligible.

Parole and correction officials said the legislation would particularly help with illegal immigrants serving time for driving while impaired.

Those inmates can’t be released to substance-abuse treatment programs because they have been flagged for deportation. That designation prevents prison officials from placing those inmates in minimum-security prisons, which have most of the alcohol-treatment programs.

As a result, those inmates can end up getting no treatment and are left to serve the maximum of their sentences at greater cost to taxpayers.

The state’s prisons are full.

Last month, county jails were holding about 600 convicted felons who could not be sent to state prisons to serve their sentences because there was no space available.

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