A bill modifying components of Oregon’s controversial Measure 110 calls for recriminalizing drug possession and investing more money into new treatment programs. House Bill 4002 passed the Oregon House on Feb. 29 and the Oregon Senate on March 1.
HB 4002 aims to help Oregon’s drug crisis by changing the policies around drug use, drug prevention and access to treatment laid out by 2020’s Measure 110.
On Sept. 29, lawmakers announced the creation of the Joint Interim Committee on Addiction and Community Safety Response to serve as a legislative hub determining steps to address Oregon’s drug crisis.
Key components of HB 4002, beyond what Measure 110 laid out, include further expansion of drug treatment and behavioral health facilities, increasing access to medication-assisted treatment and intervening on public drug use while connecting Oregonians to treatment via deflection programs.
The bill creates a new unclassified misdemeanor, resulting in an arrest or citation for possession of a controlled substance. Those who are arrested or receive a drug-related citation will receive a direct referral for treatment.
If they are successful in completing their treatment, their case is dismissed. Those who are unsucessful in following through with treatment could be convicted and placed on probation. An individual will only recieve jail time if they violate their probation and refuse treatment.
According to Rep. Jason Kropf (D-OR54), a representative for Bend and the co-chair of the joint committee, this would create an immediate connection between individuals and treatment options.
Kropf told the Source Weekly that Measure 110 was helpful in expanding treatment centers and access to recovery, but challenging when it came to intervening with drug use.
The idea with HB 4002 is to introduce, connect and push people into treatment as an alternative to going to court and jail, being mindful of the impacts of going through the criminal justice system. “We want treatment and recovery when it comes to this charge, not jail time,” said Kropf.
“I heard folks say over and over again that this bill was good for Oregonians and I could ask myself, how could this be if the racial impact study says that it will deepen racial disparities for Black people who call this place home?” -Joy Alise Davis of Imagine Black
This will be done through the bill’s creation of deflection programs, a collaborative program between law enforcement and behavioral health systems that helps connect individuals with substance use disorders and/or behavioral health disorders with community-based treatment.
In counties that intend to create deflection programs, law enforcement refer or divert an individual to these programs, in lieu of an arrest or prosecution in a drug-related charge. HB 4002 allows, but does not require, counties to create their respective deflection programs.
According to Kropf, 23 counties, including Deschutes County and Crook County, have signed on. District Attorney Steve Gunnels showed his support in a letter of committment. “Once developed, funded and stood up, our law enforcement partners commit to divert individuals who are facing a PCS-U charge based off objective evidence-based national standards,” read the letter.
The bill’s reversal of the drug policy set forth by 2020’s Measure 110 has sparked debate from numerous individuals and groups, including Joy Alise Davis, the executive director of Oregon nonprofit Imagine Black, who worries about the predicted impacts of this bill.
“We know that this bill would undoubtedly be added to a long list of bills passed in Oregon that historically signals to the world that Oregon doesn’t care about folks in crisis,” said Davis. A racial and ethnic impact report from the Oregon Criminal Justice Commission predicts that the bill would directly impact Black and African American individuals.
According to Davis, research shows that Black Oregonians are prosecuted for possession at double the rates of white Oregonians, even though usage rates are comparable. “It’s going to further deepen the disparities we already have around over-criminalization in the state,” Davis told the Source Weekly.
A component of HB 4002 intends to monitor law enforcement interactions for racial and other demographic disparities. “I am committed to tackling racial disparities that exist in this charge, if we see that, and in other charges that we have,” said Kropf. “There are ongoing conversations that we’re having and work that needs to be done to mitigate the disparities in the criminal justice system.”
According to Kropf, this will occur through increased oversight and data collection. Task forces and oversight committees that come along with this bill will keep track of anyone who has contact with law enforcement or who goes to a deflection program.
“I think those who are struggling with addiction, they need support. They need the help,” said Davis. “When I was listening in on the Senate hearing last week, I heard folks say over and over again that this bill was good for Oregonians and I could ask myself, how could this be if the racial impact study says that it will deepen racial disparities for Black people who call this place home?”
The other part of this proposal is the funding bill, HB 5204, which will invest over $200 million in behavioral health treatment, medication treatment, addiction prevention programs, deflection-to-treatment programs and court programs.
Many of these investments will go toward shovel-ready projects, or projects that can be built up in the next 12 months, said Kropf.
“This package builds on the work the legislature has been doing over the last several years to make treatment more available and address the gaps in our public safety system,” said Sen. Elizabeth Steiner, co-chair of the Joint Committee on Ways and Means.
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This article appears in Source Weekly March 7, 2024.
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Jason Kropf and Emerson Levy were wrong to champion and vote for this bill. It will result in more people of color going to jail and there is no guarantee that treatment will be funded enough to result in recovery. Not voting for Jason; not giving any more money to Emerson. They caved. –Michael Funke
People move to Oregon for a lot of reasons. Many escaping California. Many seeking water. And yes, many seeking a great place that allows people to live in tents and has an abundant supply of drugs with little enforcement. Do better, State of Oregon. We lead the nation in Fentanyl deaths! Nations best place to do drugs. We did it!