Today: April 25, 2007 at 18:25:14 PDT

Nevada's illegal-immigrant convicts deported, most to Mexico
By BRENDAN RILEY
Associated Press Writer

CARSON CITY, Nev. (AP) - Forty-five Nevada inmates, all illegal immigrants, got sentence-reducing pardons Wednesday in an aggressive effort to ease prison overcrowding by turning them over to federal authorities for deportation, mainly to Mexico.

The state Pardons Board, chaired by Gov. Jim Gibbons, took the action as part of a move that could see about 300 convicts doing time mainly for nonviolent offense being deported over the next few months.

The inmates are among nearly 1,100 known illegal immigrants in Nevada prisons, just under 10 percent of all inmates in the prisons.

"My goal is never seeing them back here again," Gibbons said in supporting the pardons that will result in the 45 convicts being turned over to the federal Immigration and Customs Enforcement agency for the deportations, expected within two weeks.

There was no opposition to the plan expressed during the Pardons Board hearing, although a federal public defender and an American Civil Liberties Union of Nevada representative had said previously that limited due-process rights that exist in such cases should be preserved.

Justice Jim Hardesty, who worked with prison and ICE officials to develop the plan, said Wednesday the right to a deportation hearing isn't changed. He added that in the case of Nevada's inmate deportees, they're either ineligible because of their crimes or have waived such hearings.

"We're not alone as a government, not alone in looking at ways to remove illegal immigrants from our prisons and jails," added Hardesty, one of seven state Supreme Court justices who serve on the Pardons Board along with the governor and state attorney general.

"Different approaches are being considered," Hardesty said in describing how various states deal with the issue of illegals in their prisons. "This is the most efficient for us."

While some Pardons Board members questioned whether 11 of the 45 convicts pardoned Wednesday had records that warranted further review, proponents said those being released for deportation aren't serving time for violent or sex offenses and most are first-time offenders imprisoned for property or drug crimes. The vote to pardon the 11 was 5-4, while the vote to pardon the rest was unanimous.

"This will absolutely increase the safety of our institutions," state Prisons Director Howard Skolnik said after the Pardons Board meeting, noting that there are about 13,000 inmates in Nevada prisons - about 1,200 more than the budgeted number.

While the plan has been described as a way to save millions of dollars, Skolnik said the savings might not be that much. He said Nevada prisons will remain full because more people are sentenced to prison than are released.

"What this is really going to do is help us in the management of our prisons, reducing the pressures internally," he said.

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