Housing Inmates Out-of-State

One proposed solution by Governor Schwarzenegger would ease overcrowding in California's prisons by placing inmates who are not U.S. citizens in public or privately-operated facilities in other states. If the proposal becomes law, the California Department of Corrections and Rehabilitation (CDCR) would be authorized to contract for up to 5,000 beds in out-of-state facilities. Under current law, the CDCR needs permission from inmates for an out-of-state placement. Typical reciprocal agreements between states usually result in "inmate-for-inmate" swaps. In this proposal, other jurisdictions or private operators would be paid for each inmate they house. It is anticipated the costs will be similar to housing an inmate in California.

The concept is the culmination of a six-month effort by the CDCR to establish a comprehensive approach to the growing obligation of housing non-resident United States inmates convicted of felonies. CDCR representatives have been meeting with officials from the Federal Immigration Customs Enforcement (ICE) and Federal Homeland Security agencies to ensure that any proposal is consistent with security demands and federal requirements.

CDCR is housing thousands of inmates for whom the U.S. ICE has placed a hold, a first step toward deporting these inmates when they have completed their sentences.

• Statewide CDCR has 15,800 inmates identified as ICE holds;
• Of those inmates, 60-70 percent are eligible for deportation;
• At a minimum, CDCR has approximately 9,500 inmates eligible for deportation - a number well above the 5,000 the Department is proposing to house at facilities outside of the State of California.

The ICE process is straightforward. An ICE hold is put on an inmate upon reception to CDCR when it is verified that he/she is not a naturalized citizen. When verification of citizenship cannot be made conclusively a potential hold is placed. Upon completion of the inmates California sentence, ICE takes custody of the inmate and transports him/her to a deportation center. If the inmate has been previously deported and/or been convicted of an aggravated felony and does not contest the proceeding and the inmate is from a country with a Prisoner Transfer Treaty he/she is deported without a hearing. About 60-70 percent of the ICE cases meet these criteria. If the inmate contests the deportation he/she is transferred to the deportation center until an administrative hearing is completed.

Requests for Information (RFI) were sent to more than 6,000 public/private entities and law enforcement agencies nationwide to gauge the extent of interest outside of California. Several private companies that operate facilities in other states have contacted the department about available bed space in states such as Michigan, Louisiana and Indiana. For more information on prison reform proposals visit the CDCR web site at www.cdcr.ca.gov