Oregon’s Drug Decriminalization Experiment Concludes: Portland Prepares for New Misdemeanor Law and Drug Deflection Programs

Portland Faces New Drug Law as Decriminalization Experiment Comes to an End

PORTLAND, Ore. — Oregonians are on the verge of a significant change this Sunday, as the state’s experiment with drug decriminalization officially comes to an end. Starting this weekend, there will be a new misdemeanor charge for individuals caught using or possessing hard drugs. This shift is part of a partial rollback of Measure 110, which was previously aimed at reducing penalties for drug offenses.

New Drug Deflection Programs Introduced

With this new law comes the introduction of drug deflection programs that are designed to offer individuals the chance to avoid jail time if they are willing to accept treatment. The deflection programs will be available at the county level. Multnomah, Washington, and Clackamas counties are preparing to launch their deflection programs to coincide with this Sunday’s changes. This means that the option for treatment is available immediately across the Portland metropolitan area.

Key Details of the Programs

While the deflection programs share some basic rules, like disqualifying individuals who are already on probation or have a history of violent felony convictions, the specifics of how each county will implement these programs differ.

Multnomah County Plan

In Multnomah County, when someone is caught with hard drugs, police will handcuff the individual while they check for outstanding warrants. If they find none, the individual may be offered deflection. A dedicated deflection center is in the works, but won’t be ready in time for the new law. Therefore, during the initial weeks, a “mobile outreach” strategy will be used. This approach involves support staff meeting police at the scene to help connect individuals to treatment.

The police will remain with the individual in handcuffs until a specialist arrives, which officials hope will be within 30 minutes. If the person accepts deflection, they will have 30 days to begin their treatment. However, if they are caught again during this 30-day period, they will go straight to jail.

Portland Fire & Rescue will also play a critical role in this strategy, particularly during the outreach phase. Their Community Health Assess and Treat (CHAT) overdose response team will be dispatched to help overdose victims and persuade them to accept treatment.

Due to staffing limitations, Multnomah County will only offer deflection from 8 a.m. to 8 p.m. on weekdays initially. Anyone arrested outside of these hours will either be cited or taken to jail without the option for deflection. Mayor Ted Wheeler expressed concerns about this plan, indicating that if the full drug deflection program isn’t quickly implemented, the police will take a firmer approach to arresting drug offenders.

Washington County Strategy

Washington County, on the other hand, has built its deflection program primarily around a mobile outreach strategy. District Attorney Kevin Barton likens their approach to existing diversion programs that divert people away from courts. The Washington County program allows officers to either issue a misdemeanor citation or offer deflection. If the individual opts for deflection, officers will call a peer support specialist to meet them in the field.

Similar to Multnomah County’s approach, the Washington County program will last six months, with individuals being eligible for this option only once a year. Anyone who is caught with hard drugs a second time within that year will be referred to the court system.

Clackamas County’s Unique Approach

Clackamas County is adapting its existing community court program to fit the new drug deflection model. Offenders caught in possession of drugs will get a court date but, if found eligible for deflection, will not be charged with a crime. Program staff will reach out before the court date to connect them with treatment resources. If they fail to respond, resources will be provided at their court appearance.

For individuals who do not meet the eligibility criteria or do not succeed in the deflection program, there’s still a chance to pursue a “conditional discharge” through community court. This will require them to meet specific requirements for a duration of at least 120 days before their case goes to the regular circuit court.

Misdemeanor Charge and Community Impact

As the deadline approaches, various communities in the Portland area are gearing up for the effects of this new misdemeanor charge. The balance between law enforcement and the opportunity for treatment has opened up discussions about the best ways to address drug addiction and public health.

The upcoming weeks will shed light on how effective these new deflection programs will be in helping those struggling with drug use and ensuring safety within the community. The hope is to create a system that benefits both the individuals affected and the broader community.