Beginning Sept. 1, 2024, carrying a small amount of illegal drugs (possession) in Oregon will be a misdemeanor that can send a person to jail. Under the old law, possession of small amounts of drugs was typically a violation, meaning a person could be fined, but not go to jail. After Sept. 1, if a person is charged with possession, it could mean probation or jail time.
Deflection is a program under the new law to help people get services for substance use disorders, instead of going to jail. Starting Sept.1, instead of taking someone to jail for possession, a police officer can offer deflection to someone who is eligible.
How the County is preparing
Beginning Sept. 1, and until the center opens its doors, the County will offer deflection services through mobile outreach. The Health Department will deploy behavioral health providers and professional peer specialists to respond to law enforcement in the field. They will conduct referrals, arrange and connect the eligible person to services.
At the same time, the County is working to open a new Coordinated Care Pathway Center in Southeast Portland that will connect community members who have substance use disorders to needs screening and services. The center is scheduled to open in mid- to late October 2024. This new pathway will provide deflection services, which connect eligible community members to coordinated, appropriate, and evidence-based services and treatment as an alternative to legal system involvement.
Why this matters
People are far more likely to recover, heal and thrive when they have access to evidence-based services and care. The introduction of fentanyl and other highly addictive substances to our community has led to a much more visible public health crisis. It has also contributed to a chronic shortage of treatment options and higher rates of overdose deaths. Increases in often co-occurring issues, such as homelessness, mental illness and economic insecurity, have compounded the issue, leaving far too many people to suffer, often in the public eye. It is distressing and frustrating for our entire community. Involvement in the legal system also \has detrimental, long-term health and societal effects on families and community health and well-being.
The Coordinated Care Pathway Center is a much-needed resource that will strengthen the system of support for people with substance use disorders. The Center will connect community members to compassionate, evidence-based services rather than leaving them to suffer on our streets or in the legal system. A stronger system of support will lead to increased access to peer support and treatment, and improve public health outcomes. The Center will also help to address concerns about public safety, livability, and overall community health and well-being.
What is deflection?
A law passed by the Oregon Legislature in April 2024 established a new misdemeanor penalty, a minor offense under the law, for unlawful possession of small amounts of controlled substances. Beginning Sept. 1, 2024, possession of small amounts of illegal drugs will result in a new misdemeanor crime of unlawful possession. If an officer determines an individual meets the community deflection criteria, and if the person chooses deflection, the person can participate in a deflection program that connects them to substance use disorder treatment and other services as an alternative to legal system involvement.
To be eligible, community members who are not committing any other crimes, do not have warrants or holds, and have not failed deflection within the prior 30 days can be referred by law enforcement to participate in a deflection program. Participants must seek treatment identified by a peer specialist within 30 days.
Who will provide deflection services?
On Sept. 1 and 2, peer deflection teams will respond from 4-D Recovery. Starting Sept. 3, teams from 4-D, as well as peers from Volunteers of America and the County’s PATH (Promoting Access to Hope) team will provide mobile services.
On Sept. 4, Tuerk House is planned to begin coordinating peers from those three providers.
Tuerk House, a nationally recognized nonprofit that has been providing addiction treatment and recovery services for more than 50 years, will manage and operate the Pathway Center when it opens in collaboration with the County. Tuerk House offers a full range of care to families and communities at every stage in their recovery journey, including crisis stabilization and short-term sobering services for people under the influence of drugs and/or alcohol. Tuerk House was selected in a competitive solicitation process in June 2024. After a transparent and independent review, they emerged as a top choice.
At the Pathway Center, Tuerk House will:
- Perform intake services
- Conduct screenings
- Ensure access to peer support
- Coordinate transportation and basic needs such as food, showers, and laundry services post-intake
Tuerk House will also be responsible for successfully managing and operating the Center in partnership with the County. They will:
- Oversee building safety and security
- Coordinate with off-site security partners responsible for patrolling the surrounding areas
- Ensure appropriate staffing levels
- Develop regulatory-compliant policies and procedures
- Maintain medical records
- Share program completion information with law enforcement partners
- Serve as a link to the surrounding community
The Center will also have protocols to accommodate individuals with language barriers or disabilities and will coordinate with the County Department of Community Justice for those on supervision.
Who will be dropped off there?
Law enforcement officers in the field will make a determination of the following:
- The person is suspected of unlawful possession of a small amount of a controlled substance and could be arrested for misdemeanor possession of a controlled substance with no additional charges, warrants or holds.
- The person does not obviously require immediate medical attention based upon current Law Enforcement protocol, is not experiencing a mental health crisis, is able to respond to verbal prompts, is 18 years of age or older.
- The person is willing to initiate the deflection process in lieu of arrest.
Officers will then search the individual and remove any weapons, sharps, drugs, etc. and offer deflection.
Officers will call the Deflection Dispatch and relay the person’s name, date of birth, state ID number (if available), where the individual is located, their probation/parole/post prison supervision status if applicable, and any concerning behavior the officer either observed or knows about the person.
The dispatcher will contact the peer deflection team and determine availability. If peer deflection is available, the team will call the officer and provide an arrival time. . If the peer deflection team is not available, dispatch will call the officer back and relay that message. The officer will then determine their next actions based upon their agency protocols.
Who has been involved in crafting these policies?
A team of expert partners continue to develop what will eventually become a final deflection plan. Partners actively driving this shared work include law enforcement agencies such as the Portland Police Bureau, the Gresham Police Department and the Multnomah County Sheriff’s Office; the City of Portland; the District Attorney’s Office, including DA-elect Nathan Vasquez; Multnomah County Circuit Court Presiding Judge Judith Matarazzo; and public defense and healthcare providers.
How can we be updated on this work?
Until the center opens its doors, scheduled for mid- to late October, the County will offer deflection services through mobile outreach. The Health Department will deploy behavioral health providers and professional peer specialists to respond to law enforcement in the field. They will conduct referrals, arrange and connect the eligible person to services. While this will meet many needs of people eligible for deflection, it is a stopgap that will not fully replicate the range of services and connections possible through the facility Tuerk House and the County will operate.
While we work on the finishing touches of our deflection center, we will prioritize meeting people where they are. Using a centralized phone number for intake and dispatching a deflection team, we will track deflection from this central point. This will include a peer connection to reach people in the field, assess what they need, and help them get to their next destination: a dedicated shelter bed set aside for deflection, a connection to recovery housing or detox. This field-based team will also transport clients to these services. This includes field-based deflection specific to Gresham as well.
