Oregon drug possession arrests drop under new law that offers treatment instead of jail

Drug possession arrests in Oregon have fallen from a weekly average of 218 to 170 three months after Oregon recriminalized possession of small amounts of controlled substances and offered treatment programs instead of jail, according to data shared with lawmakers Wednesday.

There was an initial peak of 218 arrests per week after House Bill 4002 went into effect Sept. 1, repealing the Class E violations created by the voter-approved Measure 110 and introducing a new misdemeanor crime for possession, said Ken Sanchagrin, executive director of the Criminal Justice Commission.

But arrests have since fallen to a weekly average of about 180 in October and 170 in November, Sanchagrin told lawmakers.

The bill also allocated $20.7 million for counties to set up “deflection programs” and offer eligible Oregonians treatment before entering the criminal justice system.

Between Sept. 1 and Dec. 4, a total of 442 people were referred to deflection and 263 were enrolled.

“I’m really proud of what we did and I’m also really thankful that you all dug in,” Sen. Kate Lieber, D-Portland, told representatives of Lane, Washington and Malheur counties who talked about their deflection programs.

Lieber, now co-chair of the budget-writing Ways and Means Committee, will be part of fielding additional funding requests for the program.

“All of us in this room and who have participated in this, ultimately, we want to make Oregon safer and we want Oregonians to get the treatment they need when they need it,” Lieber added.

What Oregon’s dashboard tracking drug arrests shows

A dashboard maintained by the commission shows 1,648 cases have been filed for the new drug enforcement misdemeanor. Of those, 931 cases filed were standalone, meaning there were no other accompanying charges.

Another dashboard maintained by the Criminal Justice Commission shows 2,734 arrests for possession were made from Sept. 1 to Dec. 12. The number includes all possession arrests including commercial drug offenses.

Prior to the pandemic, there was an average of about 300 arrests a week for possession of controlled substance. After Measure 110 went into effect, there were about 50 arrests per week.

Status of county programs for people arrested with narcotics to avoid immediate jail time

Of Oregon’s 36 counties, 28 counties applied for Behavioral Health Deflection grants.

As of December, 19 deflection programs are operational and most have committed to using a Law Enforcement Assisted Diversion program similar to the program that Marion County has been operating since 2018.

Lane County was awarded $2 million for its new deflection program, which launched Oct. 18.

Lane County District Attorney Chris Parosa shared preliminary data with lawmakers that 65 people were deemed eligible for the county program and 25 people were offered deflection.

A total of 35 people were in deflection, more than offered because police had referred them even without charges filed, Parosa said.

Four people declined the program and 15 people were terminated from deflection. “The primary reasons are that they just weren’t ready for treatment at that point and they’re not willing to engage,” Parosa said.

He urged lawmakers to maintain funding for the deflection programs. If state funding dries up, the program will end, he warned.

“Having talked with many of my compatriots from around the state and district attorney offices, if we are going to have the expectation that they’re going to build up robust programs in their communities, they’ve gotta receive adequate funding as well,” Parosa said.

Baker, Crook, Gilliam, Grant, Harney, Hood River, Malheur, Morrow, Tillamook, Union and Wasco each received $150,000 and “are going to need more funding put into their system in order for them to stand up these programs,” he said. “We wouldn’t have even known where to start if that is what had been given to us.”

Sanchagrin said 216 people remained enrolled in deflection statewide and 70 did not complete their program largely because they did not engage as required.

A best practices report by the commission about deflection programs and including recommendations for funding of the Oregon Behavioral Health Deflection Program is expected in April.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo