August 5, 2024
Discover Oregon's new drug deflection program launching on September 1, which shifts from Measure 110's decriminalization to a rehabilitative approach, diverting offenders to supportive services rather than jail.
On September 1, Oregon will see a significant shift in its approach to drug possession. With the reversal of Measure 110, which had decriminalized the possession of small amounts of hard drugs, the state is introducing a new deflection program aimed at addressing drug-related offenses in a more rehabilitative manner. This blog will provide an overview of what the new deflection program entails and the important details you need to know.
House Bill 4002, passed earlier this year, marks the end of Measure 110's decriminalization of drugs like fentanyl, methamphetamine, and cocaine. Starting September 1, possession of these substances will once again be illegal. However, the new legislation maintains a focus on treatment by incorporating deflection programs, which aim to divert offenders away from jail and into supportive services.
Deflection is a pre-booking diversion program designed to connect individuals caught with drugs to services rather than subjecting them to the traditional criminal justice process. In Multnomah County, for instance, the deflection program involves police officers either transporting individuals to a drop-off center or calling in peer workers to connect with them on-site. Once this connection is made, the individual is considered "deflected" and diverted from the criminal justice system.
The deflection program is intended to be voluntary, offering an alternative to arrest. However, in practice, this may involve initial custody measures, such as handcuffing and searching, before offering the deflection option.
For the deflection program to be effective, the connection between the individual and support services is crucial. This connection could include screenings and access to treatment, recovery support, housing, and case management services. There is currently no limit to how often an individual can choose deflection over arrest.
Only people possessing a small amount of drugs will be eligible for deflection. To be considered for the program, individuals must meet the following criteria:
To successfully complete the deflection process, individuals will need to go through several steps:
1. Screening: Offenders will receive an initial screening to determine their specific needs.
2. Referral to Services: Based on the screening results, individuals will be referred to appropriate services, such as drug treatment, recovery support, housing assistance, or case management.
3. Engagement with Services: Within 30 days of the initial deflection, the individual must engage with the referred services to continue benefiting from the program.
This structured approach aims to ensure that individuals not only avoid immediate incarceration but also receive the support necessary to address their substance use issues.
Despite its rehabilitative intentions, the deflection program has faced criticism. Critics argue that without meaningful consequences for those who repeatedly opt for deflection without engaging in treatment, the program could become ineffective.
Some counties, like Washington and Clackamas, plan to impose limits on the number of deflection opportunities per year, adding a layer of accountability that is currently missing in Multnomah County's plan.
A major challenge facing the deflection program is the shortage of treatment resources. Grant Hartley, director of Metropolitan Public Defenders, emphasized that many high-acuity users cycle through available resources, creating a bottleneck. The lack of detox beds and other critical services means that individuals might miss their chance for deflection due to resource unavailability.
This resource constraint is a key reason for allowing unlimited deflections. The program aims to build connections and relationships over time, so when individuals are ready for treatment, they know where to turn. This phased approach may change as more resources become available.
Oregon's new drug deflection program aims to strike a balance between enforcement and support, offering a pathway to treatment rather than jail. However, the program faces significant challenges, including resource constraints and criticisms about accountability. As the program rolls out, it will require ongoing community and governmental support to address these issues and improve its effectiveness.
At Another Chance, our doors are always open to individuals seeking help with addiction. We are committed to providing immediate support and connecting people to the resources they need to turn their lives around. If you or someone you know is struggling with addiction, reach out to us today.
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