2012 Oregon Commission on Public Safety (Criminal Aliens)

2012 Oregon Commission on Public Safety (Criminal Aliens)

December 3, 2012

Oregon Commission on Public Safety
885 Summer Street NE
Salem, OR 97301

Honorable Commission on Public Safety Members:

After I read “The Pew Center on the States, Oregon Corrections Costs July 23, 2012”, apparently done for and presented to the Public Safety Commission, I found the report lacked important information on where Oregon Department of Corrections (DOC) prison population growth had occurred over the last half-a-decade and where the prison population was growing at the greatest rate so I did some research into DOC prison system.

According to the DOC Inmate Population Profile dated October 1, 2012 DOC indicated there were 14,234 prisoners incarcerated in DOC’s 14 prisons.

Not included in DOC’s October 1st Inmate Population Profile was DOC data indicating there were 1,242 foreign nationals (criminal aliens) incarcerated in its prison system.

All 1,242 criminal aliens incarcerated on October 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for indentifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC October 1st prison population.

Comparing DOC criminal alien incarceration numbers from October 1, 2007 (985 criminal aliens) and October 1, 2012 (1,242 criminal aliens), the DOC prison system incarcerated 257 criminal aliens more than it did on October 1, 2007, a 26.09% increase.

When comparing DOC domestic criminal incarceration numbers from October 1, 2007 (12,568 domestic criminals) and October 1, 2012 (12,992 domestic criminals), the DOC prison system incarcerated 424 domestic criminals more than it did on October 1, 2007, a 3.37% increase.

Bringing the preceding numbers together, from October 1st 2007 – 2012, the DOC prison population grew by 681 domestic and criminal alien prisoners; 37.74% of the overall growth was in criminal alien prisoners.

A review of the 1,242 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 0-Baker (0.00%), 14-Benton (1.13%), 91-Clackamas (7.33%), 7-Clatsop (0.56%), 2-Columbia (0.16%), 8-Coos (0.64%), 3-Crook (0.24%), 0-Curry (0.00%), 19-Deschutes (1.53%), 5-Douglas (0.40%), 1-Gilliam (0.08%), 0-Grant (0.00%), 2-Harney (0.16%), 7-Hood River (0.56%), 50-Jackson (4.02%), 12-Jefferson (0.97%), 7-Josephine (0.56%), 11-Klamath (0.88%), 0-Lake (0.00), 67-Lane (5.39%), 8-Lincoln (0.64%), 29-Linn (2.33%), 11-Malheur (0.88%), 282-Marion (22.70%), 7-Morrow (0.56%), 286-Multnomah (23.03%), 1-OOS (0.08%), 19-Polk (1.53%), 0-Sherman (0.00%), 3-Tillamook (0.24%), 21-Umatilla (1.69%), 2-Union (0.16), 0-Wallowa (0.00%), 4-Wasco (0.32%), 229-Washington (18.44%), 0-Wheeler (0.00%), and 34-Yamhill (2.74%).

No Commission on Public Safety Member should forget the uncounted crime victims and their families, no matter what their immigration status, all victims of the 1,242 criminal aliens incarcerated in DOC prisons.

A review of the 1,242 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following: 4-arsons (0.32%), 129-assaults (10.39%), 28-burglaries (2.25%), 28-driving offenses (2.25%), 175-drugs (14.09%), 1-escape (0.08%), 4-forgeries (0.32%), 153-homicides (12.32%), 50-kidnappings (4.02%), 71-others (5.72%), 175-rapes (14.09%), 79-robberies (6.36%), 233-sex abuses (18.76%), 93-sodomies (7.49%), 12-thefts (0.97%), and 7-vehicle thefts (0.56%).

Commission on Public Safety Members should not overlook at the source of the preceding crimes, the country of origin of the 1,242 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,242 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 8-Canada (0.64%), 11-Cuba (0.88%), 17-El Salvador (1.37%), 31-Guatemala (2.49%), 12-Honduras (0.97%), 8-Laos (0.64%), 1,018-Mexico (81.96%), 99-others (7.97%), 6-Russia (0.48%), 14-Ukraine (1.13%), and 18-Vietnam (1.45%).

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

An individual prisoner in the DOC prison system costs approximately ($84.81) per day to incarcerate.

The DOC’s incarceration cost for its 1,242 criminal alien prison population is approximately ($105,334.02) per day, ($737,338.14) per week, and ($38,446,917.30) per year.

Even taking into account fiscal year 2011 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award of $2,669,738.00 if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2012, the cost to incarcerate 1,242 criminal aliens to the DOC will be at least ($35,777,179.30).

None of my preceding cost estimates for the DOC to incarcerate the 1,242 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.

Commission on Public Safety Members, I recommend the Commission members review where DOC prison population growth has occurred over the last half-a-decade, domestic versus criminal alien prisoners, and discuss at a future commission meeting how to mitigate the increasing cost of incarceration of criminal aliens in the DOC prison system.

Respectfully,

David Olen Cross

CC: Justice Paul DeMuniz, Chair
Rep. Chris Garrett
Rep. Andy Olson
Sen. Floyd Prozanski
Sen. Jackie Winters
Hon. John Collins, Yamhill County
Sheriff Jason Myers, Marion County
Dir. Scott Taylor, Multnomah County
Dir. Colette S. Peters, DOC
DA John Foote, Clackamas County
Larry Matasar, Attorney
Dick Withnell

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