Criminal Aliens in the Oregon Department of Corrections Prison System

Criminal Aliens in the Oregon Department of Corrections Prison System

September 30, 2013

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated September 1, 2013 DOC indicated there were 14,526 prisoners incarcerated in DOC’s 14 prisons.

Not included in DOC’s September 1st Inmate Population Profile was DOC data indicating there were 1,175 foreign nationals (criminal aliens) incarcerated in its prison system.

All 1,175 criminal aliens incarcerated on September 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 8.09% of the DOC September 1st prison population (See table).

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year DOC Total Inmates DOC Domestic Inmates DOC Inmates W/ICE detainers DOC % Inmates W/ICE detainers
September 1, 2008

13,558

12,477

1,081

7.79%

September 1, 2009

13,973

12,747

1,226

8.77%

September 1, 2010

14,046

12,814

1,232

8.77%

September 1, 2011

13,980

12,781

1,199

8.58%

September 1, 2012

14,196

12,956

1,240

8.73%

September 1, 2013

14,526

13,351

1,175

8.09%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 SEPTEMBER 08rtf – 01 SEPTEMBER 13.rtf and Inmate Population Profile 01 SEPTEMBER 08 – 01 SEPTEMBER 13.

Comparing DOC criminal alien incarceration numbers from September 1, 2008 (1,081 criminal aliens) and September 1, 2013 (1,175 criminal aliens), the DOC prison system incarcerated 94 criminal aliens more than it did on September 1, 2008, a 8.69% increase (See table).

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year DOC Total Inmates W/ICE detainers DOC Inmates W/ICE detainers # Increase or (Decrease) from Previous Year DOC Inmates W/ICE detainers % Increase or (Decrease) from Previous Year
September 1, 2008

1,081

————

————

September 1, 2009

1,226

145

13.41%

September 1, 2010

1,232

6

0.49%

September 1, 2011

1,199

(33)

(2.68%)

September 1, 2012

1,240

41

3.42%

September 1, 2013

1,175

(65)

(5.24%)

Total

94

8.69%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 SEPTEMBER 08rtf – 01 SEPTEMBER 13.rtf and Inmate Population Profile 01 SEPTEMBER 08 – 01 SEPTEMBER 13.

When comparing DOC domestic criminal incarceration numbers from September 1, 2008 (12,477 domestic criminals) and September 1, 2013 (13,351 domestic criminals), the DOC prison system incarcerated 874 domestic criminals more than it did on September 1, 2008, a 7.00% increase (See table).

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year DOC Total Domestic Inmates DOC Domestic Inmates # Increase or   (Decrease) from Previous Year DOC Domestic Inmates % Increase or   (Decrease) from Previous Year
September 1, 2008

12,477

————

————

September 1, 2009

12,747

270

2.16%

September 1, 2010

12,814

67

0.52%

September 1, 2011

12,781

(33)

(0.26%)

September 1, 2012

12,956

175

1.37%

September 1, 2013

13,351

395

3.05%

Total

874

7.00%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 SEPTEMBER 08rtf – 01 SEPTEMBER 13.rtf and Inmate Population Profile 01 SEPTEMBER 08 – 01 SEPTEMBER 13.

Bringing the preceding numbers together, from September 1st 2008 – 2013, the DOC prison population grew by 968 domestic and criminal alien prisoners; 9.71% of the overall growth was in criminal alien prisoners.

A review of the 1,175 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 0-Baker (0.00%), 17-Benton (1.47%), 81-Clackamas (6.89%), 5-Clatsop (0.42%), 3-Columbia (0.25%), 6-Coos (0.51%), 3-Crook (0.25%), 0-Curry (0.00%), 17-Deschutes (1.45%), 7-Douglas (0.59%), 1-Gilliam (0.08%), 0-Grant (0.00%), 0-Harney (0.00%), 6-Hood River (0.51%), 50-Jackson (4.25%), 10-Jefferson (0.85%), 7-Josephine (0.59%), 11-Klamath (0.94%), 0-Lake (0.00), 57-Lane (4.85%), 8-Lincoln (0.68%), 24-Linn (2.04%), 11-Malheur (0.94%), 283-Marion (24.08%), 5-Morrow (0.42%), 265-Multnomah (22.55%), 1-OOS (0.08%), 18-Polk (1.53%), 0-Sherman (0.00%), 5-Tillamook (0.42%), 18-Umatilla (1.53%), 5-Union (0.42), 0-Wallowa (0.00%), 3-Wasco (0.25%), 217-Washington (18.47%), 0-Wheeler (0.00%), and 31-Yamhill (2.64%).

No member of the Oregon State Legislature should forget the uncounted crime victims and their families, no matter what their immigration status, all victims of the 1,175 criminal aliens incarcerated in DOC prisons.

A review of the 1,175 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following: 3-arsons (0.25%), 125-assaults (10.64%), 22-burglaries (1.87%), 24-driving offenses (2.04%), 171-drugs (14.55%), 0-escape (0.00%), 3-forgeries (0.25%), 150-homicides (12.76%), 47-kidnappings (4.00%), 58-others (4.94%), 173-rapes (14.72%), 75-robberies (6.38%), 214-sex abuses (18.21%), 92-sodomies (7.83%), 12-thefts (1.02%), and 6-vehicle thefts (0.51%).

Oregon State Legislators should not overlook the source of the preceding crimes, the country of origin of the 1,175 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,175 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 7-Canada (0.59%), 8-Cuba (0.68%), 15-El Salvador (1.28%), 30-Guatemala (2.55%), 14-Honduras (1.19%), 8-Laos (0.68%), 962-Mexico (81.87%), 7-Philippines (0.59%), 86-others (7.32%), 8-Russia (0.68%), 14-Ukraine (1.19%), and 16-Vietnam (1.36%).

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 incarcerated in the DOC prison system costs the state approximately ($84.81) per day to incarcerate (See link).

http://www.oregon.gov/doc/GECO/docs/pdf/IB_53_quick_facts.pdf

The DOC’s incarceration cost for its 1,175 criminal alien prison population is approximately ($99,651.75) per day, ($697,562.25) per week, and ($36,372,888.75) per year.

Even taking into account fiscal year 2012 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award of $1,996,569.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2013, the cost to incarcerate 1,175 criminal aliens to the DOC will be at least ($34,376,319.75) (See link).

https://www.bja.gov/Funding/12SCAAPAwards.pdf

None of my preceding cost estimates for the DOC to incarcerate the 1,175 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.

An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, September 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.” Under ORS 181.850, Section (2), Oregon law enforcement may exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.leg.state.or.us/ors/181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, maim or abuse Oregonians.

Oregonians should contact their Oregon State Senator and Representative and ask them to reintroduce, support and pass legislation like HB 2803 (legislation offered during the 2011 session) during the next legislative session that would empower law enforcement to fight foreign national crime in the state.

docfnc

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