Calif. changes parole rule for illegal immigrants

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

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