ORS 181.850 SHOULD BE REPEALED!

READ THIS REPORT ON CRIMINAL ALIENS

INCARCERATED IN OREGON STATE PRISONS AS OF OCTOBER 1, 2009

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated October 1, 2009, there were 13,920 prisoners incarcerated in Oregon’s 14 prisons.[i]

Not included in DOC’s October 1st Inmate Population Profile was DOC information indicating there were 1,231 Foreign National (criminal alien) prisoners incarcerated by the State.[ii]

Criminal aliens made up approximately 8.84% of the DOC October 1st prison population.

In just one year, DOC has witnessed a significant increase in the number of criminal aliens incarcerated in its prison system.  Compare incarceration numbers from October 1st of 2008, 1,084 criminal aliens, and October 1st of 2009, 1,231 criminal aliens.

On October 1st of 2009, DOC incarcerated 147 criminal aliens more than it did on October 1st of 2008, a 13.56% increase.

Reviewing the crimes by number and type committed by the 1,231 criminal aliens currently incarcerated in Oregon’s State prisons, they include 4 arsons, 164 assaults, 40 burglaries, 38 driving offenses, 166 drugs, 6 forgeries, 158 homicides, 49 kidnappings, 56 others, 169 rapes, 89 robberies, 186 sex abuses, 72 sodomies, 24 thefts, 10 vehicle thefts.

All 1,231 criminal alien prisoners incarcerated in October by DOC had Immigration Customs Enforcement (ICE) detainers placed on them by ICE.

An ICE detainer on a criminal alien prisoner means in all likelihood that after he/she serves his/her time in prison, after appearance in Federal Immigration Court, he/she will be deported from the United States to his/her country of origin.

To understand the effect criminal aliens have on legal U.S. Citizens and documented Foreign National residents of Oregon, let us examine some population estimates and population percentages.

The State of Oregon’s estimated population is 3,745,555.[iii]

According to the 2005 PEW Hispanic Research Center research, the estimated number of undocumented Foreign Nationals (illegal aliens) living in Oregon is between 125,000—175,000.[iv]

Using PEW’s middle estimate, if 150,000 illegal aliens were included in Oregon’s estimated population of 3.75 million, they would makeup approximately 4.00% of the State’s population.

The percentage of legal U.S. citizens, documented Foreign Nationals, and illegal aliens DOC incarcerated on October 1, 2009 was approximately 0.37% of Oregon’s population.

Oregon’s prisons on October 1, 2009 incarcerated 12,689 prisoners who were legal U.S. citizens.

The incarceration rate by DOC of legal U.S. citizens in October was approximately 0.34% of the State’s population.

Using the middle number of 2005 PEW Hispanic Research Center population estimate of 150,000 illegal aliens living in Oregon, the incarceration rate by DOC of illegal aliens would be approximately 0.82% of their respective population group.

The estimated population number and incarceration rate for illegal aliens does not reflect monetary and the public safety costs criminal aliens pose to Oregon’s legal U.S. citizens and documented Foreign National taxpayers.

The cost to Oregon taxpayers to incarcerate an individual DOC prisoner is approximately $77.78 per day.[v]

Financially, the cost to Oregon taxpayers to incarcerate DOC’s 1,231 criminal alien prison population is approximately $95,747.18 per day, $670,230.26 per week, and $34,947,720.70 per year.

Even taking into account fiscal year 2008 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award (2008-AP-BX-0884) of $6,405,825.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2009, the cost to incarcerate criminal aliens to Oregon’s State government, Oregon taxpayers, will be at least $28,541,895.70.[vi]

None of these preceding cost estimates for DOC to incarcerate the 1,231 criminal aliens include the dollar amount for legal services, indigent defense, nor do they cover victim assistance.

In 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, January 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws.[vii]

The United States Federal Government’s top law enforcement agency, the USDOJ, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), prohibits Oregon Law Enforcement, Oregon’s State Police (OSP), County Sheriffs, and City Police departments, from asking immigration status of anyone residing in the State of Oregon. So Oregon Law Enforcement is dependent on ICE to disclose whether a person after his/her arrest and incarceration is a documented Foreign National or an illegal alien.[viii]

The next Oregon State Legislature legislative session should reintroduce, support and pass House Bill 3440 (HB 3440) that will rewrite ORS 181.850 to untie the hands of Oregon Law Enforcement, Oregon’s State Police, County Sheriffs, and City Police departments, and allow  them to help United States Federal Government Law Enforcement officials, Immigration Customs Enforcement, ICE, fight crime committed by criminal aliens who reside in our State.[ix]

The State of Oregon should no longer be classified by our United States Federal Government as having an official “state sanctuary statute” for criminal aliens, nor should our State be a sanctuary for criminal aliens to kill, rape, or maim legal United States Citizens and documented Foreign Nationals of our State.

The Oregon State Legislature should reintroduce, support and pass HB 3440 in the next Oregon legislative session.

Information compiled by David Olen Cross

and submitted to Oregon State legislators.