The Multnomah County Board of Commissioners approved an amended Jail Capacity Management Plan on Thursday, Nov. 14.
The updated plan — renamed the Emergency Population Release plan — changes the scoring mechanisms and criteria for “force releases” of inmates that occur when the jail population in the County grows to an urgent threshold.
The new criteria for releasing inmates exclude any inmate facing Measure 11 and/or domestic violence charges. The plan also aims to prevent the unintentional release of inmates enrolled in rehabilitative treatment programs or whose substance-use recovery may be disrupted by an emergency release. The revisions close potential gaps in the previous capacity management plan, which Multnomah County Sheriff Mike Reese said came too close to releasing people charged or convicted of serious crimes who should not otherwise be released.
“That was one of the precipitating reasons for revising the jail capacity management plan,” Reese told the board. “We had individuals with high scores who were being released from custody or potentially being released. We acted quickly to prevent that and then came back before the board today for a revision.”
The Board approved the changes two days after a Nov. 12 briefing where the Multnomah County Sheriff’s Office provided updates on the County’s two adult jails, in downtown and Northeast Portland.
Currently, Multnomah County funds 1,192 jail beds — down from 1,251 last year. The board reduced the number due to budget constraints and a strong desire to create alternatives to jail for low-level offenders and those struggling with substance use disorders and mental illness.
“I was interested to read the recent Corrections Grand Jury report,” said Chair Deborah Kafoury, noting the report “highlighted options that are focusing on diversion, treatment, and housing for people who are cycling through our jails with severe and persistent mental illness, and options that are focused on substance abuse treatment.”
Alternatives to incarceration, including diversion programs like the county’s Law Enforcement Assisted Diversion program, have helped ease overcrowding. But the jails continue to operate near full capacity. Fewer beds, increased rates of personal and property crimes, and rising arrests have all squeezed jail capacity, Reese said.
“When we get into population emergencies, it is incredibly difficult on our staff and our Records Division to have to prepare for it,” Reese said. “And frankly, it’s hard on the adults in our custody. It puts them in housing situations that are not ideal and can hurt their recovery and our efforts of breaking the cycle of recidivism.”
When 90 percent of jail beds are occupied, the Sheriff's Office issues a “yellow alert.” The office issues a “red alert” when the jails are above 95 percent capacity. Since July 2017, there have been 323 yellow alerts and 56 red alerts. To prevent overcrowding, 232 adults in custody have been force released during that time frame.
The previous management plan directed the Sheriff’s Office to develop a priority list of adults eligible for release when the jails become overcrowded. Whenever adults in custody are released because of crowding, the Sheriff’s Office works to ensure that it releases inmates who pose the lowest possible risk to the community.
The Sheriff’s Office considers several number of factors, including an inmate’s risk of harming themselves or others, their history of violence, and their behavior while incarcerated.
Inmates whose history includes sex crimes, crimes relating to children, risk to a known victim, danger to the community, and multiple charges for driving under the influence of intoxicants (DUII) are among the last to be considered. Thursday’s revisions go further — excluding Measure 11 and domestic violence charges, while also reducing the likelihood that inmates charged with unauthorized use of a motor vehicle would be force released.
The Sheriff's Office is also working with the County’s Pretrial Services Program to increase the likelihood that defendants who are released early actually make it back for upcoming court appearances.
“It needed to be revised,” said Commissioner Lori Stegmann, who also serves as co-chair of the County’s Jail-Use Committee. “It’s incredibly important that we re-calibrate and look. I do believe that the Sheriff’s Office and the Board are doing the best that we can with what we’ve got.”
Commissioners pressed for innovative and cost-effective solutions while acknowledging the stress that emergency releases place on corrections staff and people in custody.
Commissioner Sharon Meieran noted the complexity of the jail population and the multiple public safety partners who use the County facility, including the U.S. Marshals service, which uses 10 percent of County beds.
“I am concerned that as we face population emergencies, we have this signature, somewhat unpredictable population that averages around 10 percent or more of our jail capacity at any time,” Meieran said. “That not only impacts our capacity in terms of the jail beds, but it also places disproportionate strain on the staff who are working in the jails because of the complex needs of many of these inmates.”
“For me it reinforces spending our limited resources in the most productive and cost-effective ways,” Chair Kafoury said.
“The best way to avoid these population emergencies is to continue to work with our local, state and federal partners to direct resources to these programs and interventions,” she added. “I really appreciate your work, Sheriff, to expand the mental health diversion at the front end of the jail and to create more warm hand offs.
“In the end, I believe that it’s these innovative approaches that will eventually turn the tide on our emergency population releases.”