Multnomah County’s Local Public Safety Coordinating Council (LPSCC) executive committee heard updates on Feb. 14 about work underway in Salem as the Oregon State Legislature convenes for its 2022 short session.
The special session — lasting just 35 days — began on Feb. 1 and will run through March 8. It launched as many new legislators took office and as the state is still following COVID-19 protocols. But floor sessions are still occurring in-person, noted Jeston Black, director of Multnomah County Government Relations. Black joined Stacy Cowan, manager of the City of Portland’s Government Relations, to walk LPSCC committee members through some of the notable bills and priorities for each body of government.
The State’s new revenue forecast is “booming,” having gained an additional $800 million since the 2021 legislative session closed on June 26, 2021, which Black described as “a significant amount of money.”
“It also triggers a kicker for this year, next year and in 2024,” Black continued. “How funds will be used remains a key question... They’re largely thinking of this as one-time money and not looking to expand a ton of programs with roll-out costs.”
“There are plenty of challenges, but there are also opportunities that exist,” added Cowan.
Bills under consideration during the legislative session
House Bill 4045: Allows the Oregon Health Authority to provide grants to organizations and hospitals for community violence and intervention measures to alleviate risk factors that can lead to violence.
When a person who has been impacted by violence ends up in a metro-area Legacy Health hospital, members of Healing Hurt People, an intervention program, meet with them to address trauma and provide a range of support. OHA grants could help this effective program spread to other areas.
“They’ve found great success in having some when someone intervenes right away,” said Black.
“This bill gives the Oregon Health Authority additional resources to expand the program in the metro area and statewide, so this will be violence prevention at the hospital level.”
House Bill 4105A: Allows non-sworn officers to review photo radar.
This bill would allow qualified individuals, in addition to law enforcement, to review violations and signed citations initiated by fixed photo radar, red light cameras and dual function cameras, Cowan said, and is a priority for the City of Portland.
“It gives jurisdictions the flexibility to expand the enforcement piece,’’ said Cowan. “For Portland, our goal is to increase the use of fixed photo radar to address trends we are seeing in rising traffic deaths.”
House Bill 4131: A technical fix to HB2928 from 2021, clarifying legislative intent on devices used for crowd control.
House Bill 2928 from the 2021 session regulates devices and tools used by law enforcement, such as kinetic impact projectiles and CS gas. The goal of the technical fix introduced through HB4131 is to add clarity in the state statute to more closely resemble the agreement made in negotiations with the Legislature last session, said Cowan.
The City of Portland drafted the bill in coordination with the League of Oregon Cities, the Oregon Association of Chiefs of Police and the Oregon State Sheriff’s Association. It also incorporates feedback from the American Civil Liberties Union.
In short, the bill:
- creates a definition of crowd control;
- creates a separate rule for hand-held pepper spray and tear gas;
- expressly states that impact munitions and handheld pepper spray cannot be used indiscriminately;
- clarifies that in circumstances constituting a riot, law enforcement agencies may use chemical incapacitants only to terminate or prevent furtherance of the riot;
- tailors the definition of sound device so it doesn’t prohibit the use of police sirens to respond to an emergency;
- replaces the term “medical help” with “emergency medical services” to provide additional clarity in terms of legislative intent.
Senate Bill 1510: Limits reasons to initiate traffic stops; requires certain and continuing training for parole and probation officers; directs $10 million to Transforming Justice Initiative; and rule making.
The County has been following this bill to track its impact on parole and probation and supervision, Black said. Erika Preuitt, director of Multnomah County’s Department of Community Justice, participated in the workgroup that prepared the bill for consideration.
The bill also changes how police conduct traffic stops and searches, which makes SB1510 of particular interest to the City, said Cowan. The bill would require police officers to inform a driver they stop of their right to refuse consent to search. If the officer successfully obtains consent, they are required to get a written, video or audio recording of the stopped driver giving their consent to the search.
SB1510 also “prevents an officer from initiating a traffic stop solely based on traffic violations, such as a headlight, taillight or brake light, or registration out of compliance,” Cowan said. “Those could be cited as secondary offenses, but not one that a traffic stop could be initiated for.”
Senate Bill 1511: Addresses non-unanimous jury convictions and fees for discovery.
Senate Bill 1512: Restricts consideration of criminal convictions to deny, suspend, or revoke an occupational or professional license unless substantially related to the duties of the occupation.
“This is an attempt to… ensure that folks don’t have unnecessary barriers to access school and work,” said Cowan.
Senate Bill 1522: Requires credits earned to transfer from youth detention.
For many years, the State has underfunded educational services provided at the Donald E. Long Detention Center, said Black. Last year’s legislative session brought in more one-time money that has helped the Center improve and expand their education programs.
Senate Bill 1522 is “more of a cleanup on credits for youth who are in detention as they earn credits towards their diploma — making sure those credits actually transfer to their home district or whichever district they go in next,” Black said.
Black shared that long-term work on how education services at juvenile detention facilities are funded will continue. The current funding formula is based more on a traditional school model rather than the unique form of educational services provided at a detention center.
“The bill also clarifies that money received from the Oregon Department of Education can be used for services that support youth who are transitioning out of detention and back into the community,” said Deena Corso, director of Multnomah County’s Juvenile Services Division. “Presently, Department of Education funds can’t be used for these transition services.”
Senate Bill 1568: Establishment of medical early release committee and additional paths to early medical release from the Department of Corrections.
SB1568 establishes an advisory committee to review where people are along the medical early release process, and then make recommendations to the Department of Corrections (DOC) and others, said Black. While this work currently takes place in DOC, the bill transfers the task of reviewing applications and making recommendations to an independent committee composed largely of physicians.
The committee would release individuals to the 36 Oregon counties, but there are pieces that affect the courts and the ability to order psychiatric evaluations, said Jay Scroggin, Adult Services Division Director for Multnomah County’s Department of Community Justice.
House Bill 4008: Authorizes the Commission on Statewide Law Enforcement Standards of Conduct and Discipline to hire an executive director and support staff.
House Bill 4056: Adjusts marijuana tax for inflation.
Measure 110 capped marijuana tax revenues at $15 million a year, but didn’t account for inflation over time. This bill, Black said, adds in a Cost of Living Adjustment every year so that the State doesn’t lose more marijuana revenue moving forward.
House Bill 4147: Allows persons convicted of felony to register to vote, update voter registration and vote in elections while incarcerated.
House Bill 4004: Requires OHA to distribute grants to behavioral health providers
As our community faces a shortage in behavioral health professionals, this bill requires the Oregon Health Authority to distribute grants to behavioral health providers that can be used to increase staff compensation, offer workforce retention bonuses and bolster recruitment, said Cowan.
“The Legislature wanted… to shore up, or attempt to shore up, the behavioral health workforce,” said Cowan, to ensure that the substantial investments they had made in behavioral health last session could be fully realized.
House Bill 4081: Requires pharmacists who dispense opioid prescription to offer a prescription for naloxone, or similar drug, and information about naloxone under specified circumstances. Creates exceptions to requirements to offer prescriptions for naloxone or similar drugs.
House Bill 4098: Creates a state board to dispense opioid settlement funds.
“This comes out of the opioid settlement that the State and many counties and the City of Portland filed against Purdue and other pharmaceutical companies for selling opioids,'' said Black.
Oregon is slated to receive $360 million over the next 18 years from the settlement — the State is scheduled to receive 45% of that money, while local governments will receive the remaining 55%.
“HB4098 creates a task force for the State’s portion of that money with equal representation from local government, the State and three impartial participants to participate,” Black said.
American Rescue Plan Funds (ARPA)
Currently, there is a request for the State to spend the remaining 3 to 5 percent of federal ARPA funds to support community violence prevention programs, said Black.
Most of the money would be distributed to community-based organizations. “But it will be opened to counties that fund community violence programs,” Black said, as well as violence prevention programs run by public health agencies.
Find a full recording of the meeting here.