Deflection

House Bill 4002, signed into law on April 1, 2024 creates a new misdemeanor violation for possession of illicit drugs, and at the same time creates an allowance for participating counties to establish a “deflection program.” Recognizing that many points of contact with people struggling with substance use occur during interactions with law enforcement, HB 4002 envisioned successful deflection programs as a collaboration between law enforcement and behavioral health professionals to ensure people who need access to substance use treatments can receive it It’s a new Oregon law that allows drug users who come in contact with the criminal justice system to “deflect” into treatment programs, instead of going straight into the criminal justice system. Counties in Oregon must coordinate with specific community partners as part of their program, including the district attorney, law enforcement, the community mental health program and others.

Measure 110 approved by the voters in 2020 allowed for uncontrolled and legal use of illicit drugs, with a goal of encouraging people struggling with substance use disorders to seek treatment. After several years of implementation, communities across Oregon did not feel that was working and called upon the state legislature to act by recriminalizing drug use. Measure 110 created limitations to what could be done, and House Bill 4002, passed in 2024, established a new misdemeanor crime for possession of certain drugs, as well as mechanism that allows counties to create a deflection program that helps people stay out of the criminal justice system and receive help.

Yes. Now, this misdemeanor is unique within the criminal justice system for three reasons. First, the program offers a possibility of a pre-booking deflection program, which if completed leads to no criminal charges being filed. Second, it offers a default to probation with mandatory addiction treatment, with no jail time nor fines. If probation is violated or waived, it could lead to up to 180 days of jail time. And finally, after any probation or jail time ends, criminal records are automatically expunged, either within 90 days or three years, depending on the sanctions. 

Law enforcement officers are encouraged, but not required, to refer a person to a deflection program in lieu of arrest for the new misdemeanor.  

A program navigator will attempt to contact them before their Community Court appearance date to offer deflection and, if the offer is accepted, to connect them to the appropriate resources and partners.  If the defendant has not been contacted, they will receive the deflection offer at their first appearance in Community Court. 

No. The deflection offer itself will be dependent upon the individual's circumstances and needs.  An individual participating in deflection will be monitored for compliance with the offer's requirements.

No. Clackamas County has developed criteria for those who will not be offered deflection, which is:

• Those on formal probation, post-prison supervision, parole or any type of similar Federal Supervision in the state of Oregon.
• Those experiencing homelessness who have been offered housing resources from outreach service partners in Clackamas County and who have rejected that housing opportunity.
• Those with convictions for distribution of controlled substances, manufacturing controlled substances or possession of controlled substances with substantial quantities or a violent felony crime, domestic violence, child abuse or sex crime within the past 10 years.
• Those with any other exceptional circumstance(s) identified by a partner of the deflection program.

Once.

The crime will be expunged from the person's criminal record in three years if a person fails to comply with deflection.

The Oregon Legislature issued just over $20 million to stand up deflection programs in the state. Clackamas County will receive an estimated $950,509 in the form of a grant from the Oregon Behavioral Health Deflection Grant Program, that funds the program through June 2025. Those funds will be used to hire staff who will coordinate services and manage a deflection program that fulfills the requirements of the statute. The legislature will need to approve additional dollars for these programs to continue.

Yes. Here they are:

• SB 1553 heightens criminal charges for possession of a controlled substance on public transit. These charges are not connected to the deflection programs or other community safety provisions of HB 4002.
• HB 4023 requires local governments to allow residential treatment facilities in certain areas without a zoning change or conditional use permit.
• HB 4120, creating grants for opioid treatment in correctional facilities, and the portion of SB 1594 relating to United We Heal grants did not pass as individual bills, but both were incorporated into HB 4002.

Clackamas County's Operations Management Group (OMG) oversees the program that is tailored to Clackamas County residents, while also enhancing public safety. This group includes leaders representing law enforcement, community corrections, the Clackamas County Behavioral Health Division, the Clackamas County Health, Housing and Human Services Department, the Clackamas County Community Court defense attorney, court staff, the county's Behavioral Health Resource Network partner(s) and the other outreach and treatment partners. The group meets periodically to review the program, and have access to all of the program's data. The group will help the Clackamas County District Attorney's Office manage the forward path of the program.