Updated “Emergency Jail Releases” Criteria Underscores Current Challenges with Reduced Jail Beds and Needed Staffing, Compounded by Policy Shifts

During Thursday’s Board Meeting the Commission approved updates to the jail capacity management plan which sets the “emergency jail release” criteria for adults in custody based on risk.

During Thursday’s Board Meeting the Commission approved updates to the jail capacity management plan, as required by state statute, which sets the “emergency jail release” criteria for adults in custody based on risk in the event of an emergency jail release.

“Emergency releases are a failure of our system and compromise community safety,” Commissioner Brim-Edwards stated. “Evidence and data presented at other points in our deliberations, including failures to appear for felonies and misdemeanors, is creating a very inefficient cycle of individuals being booked repeatedly. This presentation and plan was put together thoughtfully, but I hope that we don’t ever have to utilize it. There is a clear need to provide ongoing funding for staffing and funded jail capacity through the Sheriff’s office to ensure we have adequate jail capacity so emergency releases aren’t required.”

A jail population emergency exists when Multnomah County jails fill up 95% of funded capacity and results in the need for emergency jail releases of certain adults in the system who meet set criteria. If there aren’t enough individuals who meet the criteria or if all eligible individuals have been released and the jails remain at 95% then booking criteria may be limited. Commissioner Brim-Edwards underscored that this is not an acceptable outcome, as it undermines community safety.

The Commission receives a yellow alert when jail capacity reaches 90%. A yellow alert has been issued 5 times since the beginning of 2025. When 90% of jail capacity is reached, operational adjustments and mitigation strategies with partner agencies are explored and a review is conducted of release-eligible adults in custody.

The Sheriff’s office presentation highlighted the need for continued added resources to staff and fund jail beds to maintain community safety. Recently updated pre-trial policies to address failures to appear through the Presiding Judges Orders, the public defender shortage, increased percentage of adults in custody with high-level charges and an increase in average length of stay, have compounded the need for funded jail beds and staffing.

A recent Oregonian article highlighted of the high percentage of individuals failing to appear for court appearances and the impact that has on the system:

“Presiding Judge Judith H. Matarazzo said the changes aim to stop a revolving door of people who are released soon after their arrests and never return to court. ‘After four or five times, how much are we going to play that game?’ she said. (read full story)

In fiscal year 2025 Commissioner Brim-Edwards championed adding resources to provide more staff to jails. Of the over $900,000 funding request for ongoing resources, $450,000, were added and in one-time funds by the Commission in fiscal year 2025. Additional one-time resources were infused in November to the tune of more than $950,000.

To learn more about the jail capacity management plan and to watch the Commission conversation, please visit this website.

Last reviewed March 13, 2025