Ben Botkin, Oregon Capital Chronicle
Democratic lawmakers announced Wednesday that they had reached a tentative agreement to create a misdemeanor which would allow defendants to avoid jail time for drug use and give them another chance to enroll in treatment programs.
House Bill 4002, which is the vehicle that lawmakers will use to combat the drug addiction and overdose crisis caused by fentanyl, will incorporate the charge. The purpose of the bill is to allow people who are found in possession of small amounts to get into treatment and recover instead.
In an interview with The Capital Chronicle, Senate Majority leader Kate Lieber (D-Beaverton), said: “You will see that, once all of this is settled, we have kept our promise, which was to provide a robust package for housing.” “We will also put together a robust package to address the addiction crisis. You’ll see that these two packages are aligned, robust and working.”
A misdemeanor that is not classified could result in a jail sentence of up to 30 or 180 days if the probation was revoked. They could be released from jail early if they enter inpatient or outpatient therapy.
Drug possession charges would be able to be expunged if the accused entered a diversionary program. Drug dealers who are convicted of delivering controlled substances within 30 feet from a park will face a harsher sentence.
This proposal would allow counties to create their own deflection program instead of making it mandatory for the entire state. This flexibility will help to garner support from the community, said Lieber. He is also co-chairman of the joint addictions committee, which is behind HB 4002.
The charge of misdemeanor would be effective on September 1, giving counties ample time to implement their programs and educate the public.
The bill includes additional measures to fight addiction. These include expanding treatment options, and increasing the time welfare is held from 48 to 72 hours. This is because fentanyl remains in a user’s system longer than other drugs.
In its original form, HB 4002 proposed a misdemeanor of class C, punishable by up to 30 jail days. Republicans and addiction treatment activists had widely criticized this for different reasons.
Republican lawmakers said that it did not go far enough, and they called for a misdemeanor of class A which could carry up to one year in prison. A coalition of Oregon law enforcement and city groups raised concerns over the ineffectiveness of such programs.
Treatment advocates have stated that the original misdemeanor level would be unfair for users, as it would recriminalize possessing. Democratic lawmakers have said that they tried to address these concerns by limiting jail time. This new misdemeanor will not have any fines or court costs, which is another important difference.
The proposal, in addition to creating the misdemeanor would also put money towards behavioral health workforce programs, recovery homes for people who are on the street, and residential programs and institutions. Funding would be available to counties for the creation of deflection programs. More than a dozen county have expressed a desire to start deflection programs.
Rep. Jason Kropf, D-Bend, co-chairman of the joint addictions committee said: “We will partner with these communities to provide funding, training and support to set up these programmes.”
The cost of the proposed proposal has not yet been determined by lawmakers.
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The reaction is mixed between Republicans and supporters
As the details of Wednesday’s events began to emerge, reactions varied.
Recovery advocates expressed their disappointment and warned it would reverse the progress made following Measure 110, a voter-approved law which decriminalized small amounts of drug possession and allocated a portion of cannabis revenue to addiction services and programs. The changes, warned advocates, would harm communities of colour disproportionately.
Oregonians for Safety and Recovery (a coalition including the ACLU of Oregon and Drug Policy Alliance) said in a press release that “time and time again the lived experience of people who will be most negatively affected by criminalization has been ignored.” “Time and again, evidence that recriminalization is a failure was ignored,” said Oregonians for Safety and Recovery, a coalition including the ACLU of Oregon, Drug Policy Alliance and Health Justice Recovery Alliance.
Rep. Kevin Mannix, R-Salem, said that he has not yet seen the proposal. Mannix, who is a member of the committee, has sponsored an alternative proposal which would create a misdemeanor that would require care and treatment tailored to their individual needs. He said that jail would be an option, but it would only be to encourage accountability and proper treatment.
Mannix stated that “My Democratic counterparts are trying very hard to avoid the word incarceration.” “I prefer to use the word accountability.”
He hopes that the flexibility of the bill will allow counties to develop innovative programs.
This article was originally published by Oregon Capital Chronicle.
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