“We must put a stake through the heart of decriminalization, because it is not compassionate for us to say that drugs are a personal choice. It’s okay if someone makes this choice.”
Ben Botkin, Oregon Capital Chronicle
Senate approval of the proposal by the Legislature to revamp the state’s response against the fentanyl overdose and addiction crisis has cleared a major obstacle.
The bipartisan vote was 21-8, a day after the House voted 51-7 in favor of the bill. This marked the end of the long legislative journey which began last fall. House Bill 4002 is now sent to the Governor. Tina Kotek (D)’s office to sign. The Governor’s Office had no immediate comments about the bill. It is a compromise reached between Republicans and Democrats, and it comes after widespread anger over Measure 110. This law was approved by voters and made Oregon the first in the country to decriminalize drug use.
The bill would reduce that by creating a new misdemeanor for drug possession. Its goal is to encourage people to enroll in treatment programs instead of going to jail. Only drug users who violate probation terms would be subject to jail time.
I cannot stress this enough: inaction is not an alternative, said Senate Majority leader Kate Lieber of Beaverton. She was also co-chairwoman of the joint committee on addiction that shepherded through the bill both chambers.
The passage of the bill disappointed drug advocates who had successfully pushed for decriminalization when voters passed Measure110 in 2020. The measure would maintain the marijuana revenue used for addiction programs and services in Measure 110. This has resulted in the distribution of over $276 million to treatment, mentoring, housing and harm reduction programs.
Democrats and Republicans came to an agreement with the help of police chiefs, district attorneys and sheriffs after law enforcement expressed concerns about a proposal that included a low-level offense. This bill would allow a person to spend up to six-months in jail if probation was revoked. In an earlier version of the bill, a low-level misdemeanor could result in a jail sentence up to 30days. In the earlier version, people could be released from prison early if they went to inpatient or outpatient therapy.
Senate Minority leader Tim Knopp (R-Bend) praised the bill for being a good compromise to stop people from taking their own lives while they wait for treatment.
Knopp stated that “We must put a stake into the heart of decriminalization, because it is not compassion to say: ‘Drugs can be a choice. It’s okay if you choose to do so’.” It’s not okay.”
Measure 110 introduced a $100 fine for anyone caught with small amounts of drugs. This could be avoided if a person obtained a health evaluation. The system did not work as suspects ignored the fines in favor of seeking treatment.
In no time, the police and public turned against Measure 110. By last year, a majority of people said they supported repealing Measure 110 in its entirety or in part. A group that is behind a ballot measure to repeal most of Measure 110 has released a statement saying they will drop their campaign if Kotek signs HB 4002.
A nonprofit in Oregon that advocates for incarcerated individuals has threatened to sue the state over a technicality, to try and prevent this proposal from becoming law. Civil rights activists, such as the ACLU of Oregon reacted strongly against the proposal. They said that Oregon would harm people of colour disproportionately.
The Senate’s opponents echoed this concern and said that the bill would alter the system if it did not have adequate treatment programs.
Michael Dembrow (D-Portland) said: “I am concerned that this could lead us on a dangerous path if things don’t turn out the way we hoped.”
In September, the penalties for drug possession will be implemented. Dembrow and Sen. Floyd Prozanski (D-Eugene) warned that with increased caseloads, the shortage of public defenders would only worsen.
Dembrow stated that “in its current form there are too many questions marks.”
Three Republican senators and five Democratic Senators voted against this measure.
The bill would give counties the option but not the mandate to create new state-funded deflection programmes that allow people to avoid criminal charges following an initial encounter between them and a police officer.
23 counties in Oregon have already announced their intention to implement the new programs. All Oregon counties will offer defendants the opportunity to enroll in treatment programs, and their records will be erased.
The bill provides approximately $30.5 million to counties and community mental programs that contract with counties for the provision of services to those addicted. The proposal includes an estimated $211,000,000 that lawmakers would like to spend on addiction-related programs, services and treatment.
This total includes more funding for programs like court programs, mental health clinics in the community, treatment programs, residential treatment facilities, and other services such as addiction medication provided by jails.
On Thursday, the Senate approved $211 million in funding via a separate bill House 5204 with a vote of 27-3. This bill, which was already approved by the House, will also be sent to Kotek.
This package includes approximately $85 million worth of “shovel-ready projects” across the entire state, from rural Oregon up to Portland.
This article was originally published by Oregon Capital Chronicle.
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