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Oregon’s Deflection Program Offers Treatment, Not Charges, to Low-Level Drug Offenders

by Tonya McPhearson
December 16, 2024
in Local News
Oregon’s Deflection Program Offers Treatment, Not Charges, to Low-Level Drug Offenders
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Astoria, OR – Oregon is pioneering a new approach to handling low-level drug possession, with nearly 220 individuals currently participating in an experimental deflection program aimed at offering treatment instead of criminal charges. Launched in September 2023, the program is part of a broader legislative push to shift the state’s response to drug addiction, focusing on rehabilitation rather than punishment.

Under the new system, individuals found with small amounts of drugs that would normally result in a misdemeanor charge are instead offered a chance to enroll in a treatment program. Those who opt in are connected with peer navigators—individuals with lived experience of addiction—who help assess their needs and guide them toward appropriate treatment services. If participants remain engaged in treatment, they avoid criminal charges. However, if they drop out or fail to comply, they may face legal consequences.

The deflection program, which was established through House Bill 4002, is seen as a significant experiment in the intersection of addiction treatment and criminal justice reform. As of now, the program is operating in 28 counties across Oregon, with varying levels of participation and success. Washington County, for example, has enrolled 29 individuals, while Lane County has 35 participants. In contrast, Malheur County, due to its small and geographically dispersed population, has enrolled just one person.

During a recent meeting of the Oregon Legislature’s Joint Committee on Addiction and Community Response, county officials and lawmakers discussed the early stages of the program and its potential impact. While there was widespread agreement that the initiative is promising, many acknowledged challenges related to funding and logistical hurdles.

“We decided, of course, to start small and think big,” said Danielle Farr, the deflection program coordinator for Washington County, reflecting on the county’s strategy to test the program with a manageable number of participants while leaving room for future expansion. “This is an experiment, and we are learning from one another.”

In Washington County, District Attorney Kevin Barton described the program as a “beautiful experiment” that strikes the right balance between public safety and public health. However, he noted that maintaining contact with participants who are resistant to treatment or who fail to appear for court hearings remains a challenge. In response, Washington County staff take proactive steps, including reaching out to individuals at their first court appearance to encourage them to engage with the deflection program before facing charges.

Lane County, which is larger and more urbanized than Malheur County, has a more robust deflection system, though its approach still varies depending on geography. For example, in Eugene, peer navigators may meet participants quickly, but in more rural areas like Florence, follow-ups may take longer due to the distance. Lane County District Attorney Chris Parosa emphasized that the program is tailored to individual needs, and while the goal is to help participants make progress in their recovery, success is measured by their efforts, not necessarily by whether they stop using drugs altogether.

“We’re looking for effort from our participants,” Parosa said, stressing that the program’s flexibility allows for a more compassionate and individualized approach to addiction treatment.

Despite the optimism surrounding the program, some areas of Oregon face significant obstacles. Malheur County, which borders Idaho and has a population of about 32,000, has struggled to identify and enroll participants. The county’s vast geography and small population make outreach difficult, and the region’s proximity to Idaho complicates matters further. Individuals from Idaho, even if they are caught with drugs in Oregon, are ineligible for the deflection program. Additionally, people with violent criminal histories or sex offenses are also excluded from the program, a precaution designed to ensure the safety of outreach workers.

District Attorney David Goldthorpe of Malheur County highlighted these limitations, noting that while the program is valuable, its impact has been less pronounced in rural areas. Malheur’s program currently has only one participant, underscoring the challenges smaller counties face in implementing such an initiative.

While the program’s early results are mixed, there is hope that it will pave the way for broader changes in Oregon’s approach to drug use and addiction. Lawmakers, including Rep. Jason Kropf, a co-chair of the Joint Committee on Addiction and Community Response, have expressed support for the deflection model but also emphasized the need for additional funding to ensure its success.

“We know there’s more work to be done,” Kropf said, pointing to the importance of sustaining and expanding the program as it evolves. “This is an opportunity to look at the larger picture of how we treat addiction in Oregon.”

As Oregon continues to refine its deflection programs and assess their effectiveness, the experiment could serve as a model for other states grappling with similar issues surrounding drug policy and criminal justice reform. For now, counties across Oregon are focused on learning from the early stages of the program and adjusting their approaches as they strive to improve public health outcomes while reducing the burden on the criminal justice system.

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