Baker County signs onto Measure 110 diversion approach; Union County does not
By Joe Hathaway on Wednesday, February 28th, 2024 in More Top Stories Northeastern Oregon News
BAKER CITY — As lawmakers in Salem work on changes to Oregon’s controversial Measure 110, local counties have been asked to decide whether to commit to an approach that directs people into substance abuse treatment before they face conviction or jail.
The proposal is part of House Bill 4002 that’s moving through the short legislative session in a deal made between Democrats and Republicans. The bill makes minor drug possession a crime again and gives counties the choice whether to offer so-called deflection programs that attempt to move people into treatment.
The bill would increase addiction services and make it easier to convict drug dealers.
“Some of the changes we’re seeing is the possibility of up to 180 days in jail for offenders and a deflection program that’s more like diversion used to be in drug court. So, if you get caught with something, the officer and the District Attorney have discretion of whether you’re appropriate for the diversion program,” said Shane Alderson, County Chair of Baker County. “There’s supposed to be funding for in-jail treatment. And of course, to set up more detox beds and hopefully there’s money for the staff if you can find any staff to fill positions.”
Some of the changes to House Bill 4002 include, for example, someone arrested for possession of a small amount of fentanyl can choose to have the officer take them to a sobering center, bring them to a caseworker or find some other kind of treatment. If that person completes two meetings, their charges drop.
But if a person caught with small amounts of drugs refuses treatment, that individual would need to go through the normal criminal justice process, which leads them to probation.
If that person then violates probation once, they’re sentenced to 30 days in jail or 30 days of substance use disorder treatment. And if they somehow violate the prescribed sentence again, it increases to 180 days in jail with the option of early release into treatment.
“It’s a good enough compromise that we can go for it. I think these people that are so heavily addicted, the idea of 180 days scares them to death,” said Alderson. “If you are in a situation like that and you’re in jail and you make it however long and your psychosis starts to subside, then it’s like you could get out of here if you get in this treatment program. If you successfully complete this treatment program, it can be expunged off your record and you can try to get back into the workforce.”
It also proposes stiffer penalties for drug dealing near homeless shelters, parks and treatment facilities.
“So if you were on the sidewalk at Geiser Pullman or in front of Baker High and you’re handing a fentanyl pill off to somebody else, it’s a felony,” said Alderson.
So far, 23 of Oregon’s 36 counties have signaled they’d offer that option for treatment. Alderson says Baker County signed up.
He says Baker County has the infrastructure, including New Directions Northwest and the support from the Court, to set up a deflection program. If the bill is passed, funds from the measure would be allotted to counties to set up those programs, though how much each county receives is yet to be determined.
“I’m pretty confident that we can get it up and running again,” said Alderson. “This is going to be an opportunity to actually do treatment. And if you fail treatment, you’re going to jail.”
Union County, on the other hand, says it’s choosing not to sign on. Commissioner Donna Beverage sent this statement to Elkhorn Media.
This effort is attempting to achieve a worthwhile end result, but if we sign we are agreeing to develop and implement programs immediately once we get the funding, but not knowing how much that funding would be. We are concerned that we would be committing to a diversion program that may cost more than we receive. It may work for other Counties that already have facilities, but Union County does not. We do not have services available at this time and don’t want to get Union County into an unfunded mandate.
HB4002 is expected to be voted on by the House sometime this week.
