Deportation of inmates approved

CARSON CITY -- The state Pardons Board voted Wednesday to release early 45 non-U.S. citizen prisoners who will be deported by the end of next week by the federal government.

The illegal immigrants are the first prisoners the Pardons Board has released early to relieve overcrowding conditions in state prisons. An estimated 1,065 of the state's 13,000 inmates are in the country illegally.

The Pardons Board intends to hold monthly hearings to evaluate releasing nonviolent inmates who are in the country illegally before they are eligible for parole. The release would be to the custody of U.S. Immigration and Customs Enforcement for deportation. All of the 45 ordered released Wednesday were eligible for parole before July 27.

The criminal and prison records of the each of these inmates were examined by the Parole Board and prison system before their names were presented to the Pardons Board for approval.

At the request of Gov. Jim Gibbons, the Pardons Board voted 9-0 Wednesday to give inmates only one opportunity for an early release for deportation. He and other members of the Pardons Board were concerned that inmates deported to Mexico and other countries might re-enter the United States quickly and commit new crimes.

"My goal is never to see them back here again," said Gibbons, chairman of the Pardons Board. "One strike and you are out."

While 34 of the inmates won quick unanimous approval for early release and deportation, the board decided to release 11 others on a narrow 5-4 vote.

Justices Michael Douglas and Nancy Saitta were concerned that these inmates might try to return quickly to Nevada.

Saitta said two have children in the state, while Douglas added that two others had records of previous violent crimes. Others, he said, had a history of re-entering the United States after previous deportations.

"Based on their history, they probably will re-enter again," Douglas said.

Attorney General Catherine Cortez Masto expressed similar concerns, noting that some of the inmates were convicted for trafficking in drugs, including methamphetamine.

"They will come back here," she said. "I did not think they should get a break."

Even before the board's action, the state has been deporting 50 to 60 illegal residents each month because their prison terms had expired or they had won parole.

The idea of releasing non-citizen inmates early to deport them was devised by Justice James Hardesty.

Hardesty emphasized after the hearing that the state isn't about to release violent criminals who are beginning their prison terms.

He said he favors earlier releases of nonviolent criminals who are close to expiring their prison terms or nearing parole eligibility.

Of the 1,065 non-U.S. citizens in Nevada prisons, 470 are serving felony terms for nonviolent crimes. Releasing all of them would save the state about $9 million a year.

The state Legislature is looking at ways to relieve prison overcrowding and reduce spending. Gibbons has requested a $300 million prison construction program in his two-year budget request to the Legislature.

Estimates indicate that the state will need to spend $1.9 billion on prison construction over the next decade. The number of inmates is expected to increase by 8,766 over that time.

Hardesty said most states are looking at ways to release non-citizens early to relieve prison overcrowding and cut inmate costs. He added that there are 179,000 non-citizens in prisons in California alone.

"The action we took here today is unique, in having a Pardons Board take action," he added.

Hardesty agreed that there are risks in releasing inmates early, and he emphasized that the federal government must take action to stop the flow of non-citizens into the country.