Multnomah County Sheriff agrees, for now, to detain people under Portland's camping policy

In return, Multnomah County Sheriff Nicole Morrisey O'Donnell has agreed to jail people accused of violating Portland's anti-camping rules – at least until mid-December.

Morrisey O'Donnell and Mayor Ted Wheeler issued a joint statement Tuesday announcing that the sheriff's office has agreed to send the individuals to the county jail for the next 120 days for this violation. Morrisey O'Donnell will analyze the process during that time period to “determine if this approach is effective and sustainable,” the statement said.

“It's also an opportunity to identify any gaps in service,” Morrisey O'Donnell said in an interview with OPB following the announcement. “We want to make sure we're providing someone with the best path forward.”

That decision came after Morrisey O'Donnell announced in late July that she would not allow the jail to be used to punish people who violate the city's new policy limiting the places where homeless people can camp outside. Under the ordinance, people who violate the policy and refuse to accept shelter face arrest or fines.

“Arrests and jail time are not a constructive solution to address the housing crisis,” Morrisey O'Donnell said at the time. She also said the city had not taken the proper steps to ensure the county jail had the capacity and staff to arrest people who violate city ordinances — which is highly unusual. Under state law, Multnomah County is not required to arrest or jail people for violating city ordinances, only for felonies or misdemeanors.

The sheriff's announcement came as a surprise to Wheeler, who introduced the camping ordinance in May of this year. He said he has met with Morrisey O'Donnell several times about the new rule and does not believe he needs to take any further action. Morrisey O'Donnell, for her part, said she had had “little to no communication” with the city beforehand about how the rule would be enforced.

Despite their differences, both politicians promised to reach some kind of compromise in the coming weeks.

The resulting agreement gives police permission, at least for the next 120 days, to drop off and register people who violate the camping ordinance at the Multnomah County Jail.

The registration process involves collecting a suspect's personal information as well as taking their fingerprints and mugshot, effectively creating a record of their arrest in the county's criminal justice system. The county then decides whether the arrested person can be released pending their trial date, based on their potential threat to the public. People accused of violating the city's camping rules are not scheduled to go to jail.

Morrisey O'Donnell said she understands that the threat of jail time can motivate homeless people to make a change.

“I recognize that there may be an environment where a person has clarity,” she said. “It may be more successful to remove a person from a particular situation where we can offer additional intervention opportunities.”

The agreement between the sheriff and the mayor goes beyond a mere 120-day trial run.

City ordinance requires the city to offer shelter to people who violate those ordinances before threatening arrest. The sheriff's office has made sure there is another way to connect those arrested with services. Now, people arrested will be offered shelter and other services even after they are taken to the county jail. If they express interest in those services, the mayor's office says they are “willing to drop charges” at that time.

“This solution is consistent with our shared goal of ending homelessness in Portland in a compassionate and effective manner,” Wheeler said in an emailed statement to OPB. “Arrest and registration impose liability on the few people who refuse to comply with the law despite repeated education and referral to resources for help.”

On July 26, the city began enforcing the new camping rules. Since then, police have issued citations, which can result in a fine, to six people accused of violating the ordinance.

The 120-day evaluation period ends in mid-December, just weeks before a new city council and mayor take office in Portland – and a new district attorney takes office. Wheeler is not seeking re-election. Morrisey O'Donnell's term as sheriff ends in 2026.