In 2013, the Oregon State Legislature passed the Justice Reinvestment Act (House Bill 3194) in response to a swelling prison population, aiming to lower prison costs, encouraging jurisdictions to invest in more effective programs and practices that reduce recidivism, and improve public safety. The Multnomah County Justice Reinvestment Program (MCJRP) was established shortly after HB 3194 was signed into law to reduce prison use by providing supervision and services for defendants who can be safely kept in the community.
On Tuesday, Aug. 17, representatives from the Multnomah County District Attorney’s Office, Department of Community Justice, Multnomah County Sheriff’s Office, Local Public Safety Coordinating Council and Metropolitan Public Defenders, as well as other organizations, provided an update on MCJRP to the Board of County Commissioners.
Like so many programs, MCJRP has been presented with a torrent of challenges during COVID-19, including closures and the increased economic vulnerability of MCJRP participants as a result of the pandemic. Still, program leaders have worked hard to adjust — providing services virtually, checking in with clients and prioritizing Black, Indigenous and other participants of color who are more likely to face higher barriers to success.
“We also want to avoid having a disparate impact on BIPOC populations, lead with race and prioritize BIPOC eligibility for the program.”
David Vanspeybroeck, chair of the Justice Reinvestment Steering Committee, summarized the program for the commissioners, sharing that MCJRP uses an informed sentencing and supervision model. Multnomah County’s program created a process where a comprehensive risk and needs assessment is completed before a defendant’s sentencing. At a judicial settlement conference, the defendant, their lawyer, the prosecuting attorney and the assessor meet together to discuss the best sentence. Enhanced supervision alongside treatment and services is used as an alternative to prison.
“We want to reduce recidivism. We want to protect public safety. We want to hold offenders accountable,” said Vanspeybroeck. “But we want to reduce the County’s use of Department of Corrections institutions because of the expense and lack of significant results.”
“We believe [this model] is cheaper and more effective at preventing recidivism.”
The Justice Reinvestment Steering Committee meets twice a month, at 7am Friday morning to make policy decisions and course corrections. An operations team and a data team supports the work.
Caroline Wong, deputy district attorney at the Multnomah County District Attorney’s Office shared that since July 1, 2014:
- Over 7,700 presumptive prison cases were eligible for the program.
- Of those, 65% were diverted and given a chance at probation with treatment and services through MCJRP.
On average, 104 cases per month were processed before the pandemic, compared to 35 cases per month during the pandemic, said Wong.
“The pandemic has had a substantial impact on the program with a decrease in cases submitted for prosecution alongside a decrease in case dispositions and settlement.
This means there are still a large number of cases that need to be adjudicated through the system,” she said.
“So despite less cases being eligible, we know through the use of data that we’ll be busier than ever serving this population once the courts fully open. But data analysis has allowed for preparation in the backlog of cases.
Jay Scroggin, assistant director with the County’s Department of Community Justice (DCJ) described the department’s role in implementing the program. The program relies on parole and probation services ahead of sentencing and post-sentence alongside department partners.
Throughout the pandemic, DCJ has worked closely with the Sheriff’s Office to add phone lines in the detention center and get the service done.
“A big thank you to the Sheriff, District Attorney and the court systems,” said Scroggin. “We were able to do our hearings virtually.”
Post supervision, the team invested in virtual intakes, remote court processes and phone cards. Clients were provided mobile devices. Check-ins with clients happened on front porches.
MCJRP staff also continued to celebrate milestone ceremonies with program participants and partners throughout the pandemic, Scoggin shared.
“We were still engaged in providing these services,’’ said Scroggin. “All of our providers still showed up for that. That was something during the pandemic that was wonderful to see continue on.”
Providers worked to prioritize direct services and a focus on the BIPOC populations.
For example, Pathfinders of Oregon, which provides justice system-impacted individuals and families the tools and support they need to be safe and thrive in their communities, said Scroggin, applied for grants to get Chromebooks. They provided Parenting Inside Out classes — class in Spanish; a caring dads program; a healing trauma for women program and building resilience for men. Staff also continued to provide culturally specific classes that focused on parenting, healing trauma and building resilience.
Grant Hartley, Multnomah County director for Metropolitan Public Defender. supervises the Defense Based Social Work (DBSW) Program. The first-of-its-kind program in Oregon consists of one social worker and two case managers and plays an important role supporting people in the MCJRP.
“They not only provide treatment referrals, release planning and support in the community, but they also provide the more intangible and often less-focused-on emotional support that attorneys with current case loads cannot always do.”
Nearly 76 percent of individuals who engaged in the DBSW program were released pretrial and were more able to engage in jobs and other stabilizing factors, while 85.9 percent of DBSW participants were referred to treatment services. Since August 2019, only one DBSW participant has been revoked from probation.
“The importance of this cannot be overstated,’’ said Hartley. “Pretrial detention has devastating effects on the outcome of a case and an individual’s ability to maintain employment and support their family.”
Speakers shared their intent to apply for grants through the state’s Criminal Justice Commission, which currently funds MCJRP. The program is seeking $6.6 million in the coming biennium.
The Local Public Safety Coordinating Council will apply to the commission on August 24, as well as for a competitive supplemental grant.
The program funding that MCJRP is seeking “is such a bargain for the impacts we’re talking about,” said Commissioner Sharon Meieran. “It’s exciting to hear about the work. I support the addition of two social workers who are so much of the heart of what we do.”
“I was in the Legislature when we passed the justice reform bill,’’ said Commissioner Jessica Vega Pederson. “A big reason for it was because prison costs were spiraling and we were very close to having to open a new prison, which nobody really wanted to do.
“So the hope was this program would allow us to, number one, save money but also think about who we’re putting into prison, why we’re putting them in prison and what might be needed for those people as an alternative.”
Watch the full board meeting here.