New Marion County program aims to keep drug users out of jail by making possession a criminal offense again

Marion County authorities are introducing a new court program to help drug users who commit minor property crimes compensate their victims and begin recovery.

RESTORE Court opens Sept. 1, when a state law goes into effect that makes it illegal to possess drugs in quantities consumed. The acronym stands for RESTitution & Treatment On Route to Expungement.

The district is thus responding to the demand of state parliamentarians to direct drug addicts into therapy rather than sending them to prison.

Earlier this year, lawmakers passed a bill that repeals Measure 110, the drug decriminalization law passed by voters in 2020. The new law encourages, but does not require, counties to create diversion programs aimed at keeping drug users out of the criminal justice system.

Marion County has operated a law enforcement diversion program, LEAD, for six years that allows people to avoid prosecution for minor offenses if they work with a navigator to address the underlying reasons for their law-breaking behavior — often homelessness or addiction. The program's navigators are recovery mentors or alcohol and drug counselors who typically have personal experience with addiction recovery.

This program, run by the sheriff's office, has proven successful in getting people into housing and jobs and getting them to use drugs less. But it is not open to people who owe restitution to victims because there is no way outside the legal system to force people to pay restitution.

RESTORE Court is an effort to expand options for people in Marion County who use drugs and commit property crimes.

“I want to set the pace,” Sheriff Nick Hunter said during a presentation Friday at KeizerFEST announcing the launch of the new court program.

The Oregon Criminal Justice Commission has allocated $20.7 million for county and tribal government diversion programs through a behavioral health programs grant. As of July, 28 counties have applied to implement diversion programs.

Marion County will receive nearly $1.3 million next year to fund RESTORE Court and the existing LEAD program. The majority of that money will go toward staff, including an assistant district attorney and a LEAD program navigator, as well as work crew supplies and training, the motion states.

READ IT: Marion County Diversion Program Application

RESTORE Court is for people who owe restitution for drug possession and minor property crimes such as mail theft or vandalism. To complete the program, people must complete addiction treatment and perform community service. The money earned from their community service is used to pay off their restitution claims.

In exchange for completing the program, RESTORE Court will expunge charges. Those who do not successfully complete the program will be referred to traditional prosecution.

Marion County District Court Judges Lindsay Partridge and Jodie Bureta will preside over the court, which is a joint project of the Sheriff's Office, the Marion County District Attorney's Office and the county's Health and Human Services Department.

Hunter said the success of the LEAD program has reunited families and given people housing and jobs, and he hopes to build on that.

“I don’t need to know what didn’t work yesterday, I need to know what will work today,” Hunter said at KeizerFEST.

Initially, RESTORE Court will accommodate about 40 people, said Brendan Murphy, Marion County's assistant district attorney. The program's capacity will likely increase over time as resources and demand grow, he said.

Contact reporter Madeleine Moore: [email protected].

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