Oregon recriminalized drug possession on September 1—overturning the voter-approved Measure 110, which decriminalized simple possession of all drugs from early 2021. Counties across the state are responding to this rollback in different ways, but an example of the most common model is in Multnomah County, home to the city of Portland. It has adopted a “deflection” strategy to replace decriminalization, and some early numbers show that’s underway.
Under Measure 110, instead of being arrested and charged for drug possession, you would be given a phone number to call for a substance use disorder assessment, and a ticket with a fine. If you called and got assessed over the phone, the fine would be waived, whether or not you decided to pursue treatment.
Now that you can once again be criminally charged (with a misdemeanor) for drug possession, Multnomah County instead gives you the option of “deflection”—a 30-day window to seek substance-use treatment and other services offered. If you cooperate, you won’t be charged. If you don’t, you forfeit the chance to be deflected again for the next 30 days, and may be re-arrested and charged.
“The criteria is very narrow to meet deflection: no other charges, no warrants, no violent behavior, medically stable,” Portland Police Chief Bob Day told PBS.
The coercive nature of such systems is deeply controversial, with experts pointing out that involuntary treatment is unhelpful and often harmful. Most people who use drugs don’t have substance use disorders. But referrals under this program include medical and housing support services, and some local harm reductionists say it’s better than just sending everyone to jail.
According to data from Multnomah County, as reported by local outlet KATU News, 71 people were assessed as eligible for deflection in September, though that number is expected to increase. The Portland Police Bureau estimated that about 40 percent of people stopped for drug possession are eligible.
The county reports that people have received 136 referrals to treatment, detox, medical and mental health care and housing support, among other resources (a person may receive multiple referrals). Police are calling a handful of social service providers who work with the individual who was stopped.
“It’s concerning that only 40 percent of people being stopped qualify for deflection.”
Tera Hurst is the executive director of the Health Justice Recovery Alliance (HJRA). She worked to implement Measure 110 in Oregon, and her involvement in statewide harm reduction policy continues amid recriminalization.
“Any time somebody who is stopped for possession can be deflected into a trauma-informed and peer-supported space to try and get connected to care, is better than [nothing],” Hurst told Filter of Multnomah County’s approach. “We know the harms of full criminalization.”
However, “it’s concerning that only 40 percent of people being stopped qualify for deflection,” she continued. “[We should] be finding ways to help people connect with care and not have such rigid and strict qualifications.”
Hurst believes Multnomah County has sought to adhere to the spirit of Measure 110 by seeking to promote alternatives to incarceration in the context of state recriminalization, though she cautioned that it’s too early to know how it will play out.
That’s partly because planned infrastructure isn’t yet in place. Later in October, the county is due to open a “deflection center” where police will take people who are using or in possession of drugs to receive an assessment. After that, the county also plans to open a “sobering center,” where people would be taken when found by police under the influence.
Hurst’s organization previously worked with the Portland police on a pilot program involving peer outreach workers. When police stopped someone with drugs, they would ask if that person wanted help from peer workers, and call a service provider. That provider would then send someone over and once they arrived, the police officer would leave, ending the police involvement. HJRA helped design the program but was not directly involved.
“We did create a pilot program that really was a deflection model where police would call an outreach worker,” Hurst said, “and they would come within 10 minutes to work with that person, and the police would walk away. It was based on a peer model that maintains trust and relations with the peer they work with above all.”
Outreach workers “deflecting” people from jail have to monitor how the person is complying. And if that person fails to follow through, the outreach worker has to report it.
That pilot has become a full-time program. But the new deflection strategy in Portland changes it, because now, a person stopped for drug possession has to complete and follow certain steps to avoid a criminal charge.
It means that the outreach workers “deflecting” people from jail have to monitor how the person is complying. And if that person fails to follow through, the outreach worker has to report it.
Hurst said her organization chose not to be involved in the deflection program for this reason.
Peer workers normally “won’t report on someone who doesn’t show up, because that ruins and harms the relationship they are building,” she said. “With this new model, I believe there are fewer organizations willing to participate because it harms the fidelity of the peer relationship. They’re being asked to report back and essentially tell on their clients, and that’s not how you build these relationships.”
Issues seen in Multnomah County will be replicated across much of Oregon. The state’s Criminal Justice Commission reported that as of September 1, 28 of Oregon’s 36 counties had plans to create a deflection program and had applied for related grant funding, according to PBS. The state commission is set to hand out over $20 million over the next year to support counties launching their programs.
Hurst emphasized that despite the rollback of decriminalization, lawmakers did not touch the funding for treatment, health and social services which expanded thanks to Measure 110—including naloxone distribution, housing and employment support, and much else. In just its first year, Measure 110 resulted in over $300 million being awarded to community-based health and service providers working with people who use drugs and other vulnerable groups.
Correction October 9: The original version of this article stated that Health Justice Recovery Alliance was directly involved in operating the peer outreach program with Portland police, which it was not. The article has been corrected to reflect this.
Photograph by Eric Rider via Flickr/Creative Commons 2.0
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