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Plan seeks space in prisons

Immigrants could face deportation

- Staff Writer

Published: Wed, May. 28, 2008 12:30AM

Modified Wed, May. 28, 2008 02:15PM

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Senate Majority Leader Tony Rand has put forward another option to free up space in the state's overcrowded prison system: Release some nonviolent illegal immigrants to U.S. immigration officials for deportation.

Rand, a Fayetteville Democrat, estimates the move would save the prison system 100 to 150 beds a year. That translates into about $250,000 to $375,000 in savings a year.

Between that legislation and another Rand bill that appears likely to be approved -- allowing for the release of seriously disabled nonviolent inmates -- the state could free up space for about 300 inmates. That is in the range of a prison expansion project; a 252-bed, minimum-security addition that lawmakers authorized last year cost $13.2 million.

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The majority of illegal immigrants in North Carolina prisons would not be eligible for release under Rand's plan. Correction Department spokesman Keith Acree said there are about 1,800 inmates in state prisons who do not claim U.S. citizenship; U.S. immigration officials want to deport 1,400 of them.

Why they remain in state prisons has to do with a larger debate about punishment and public safety. Some have committed violent crimes; others have killed people through drunken driving. Allowing them to be deported to their home countries would raise serious public policy questions.

Rand said he decided his bill should only be focused on nonviolent felons who have served at least half of their minimum sentence. They would be ineligible if their crime involved fraud to obtain cash or items worth $100,000 or more, or if their actions led to another's death or serious injury.

The inmate would have to agree not to re-enter the United States. Those who did would have to serve the maximum of their sentences if they were caught.

The state parole commission would decide who is eligible for release to immigration agents.

Rand said many of those who could be eligible are those serving time for convictions for driving while impaired.

dan.kane@newsobserver.com or (919) 829-4861

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