Northeast Oregon counties take different approaches to diversion | Local news

The day was barely half over when a police officer offered the program for the first time to a person who was in possession of a relatively small amount of an illegal drug.

The person suspected of having methamphetamine and fentanyl accepted the offer, said Gabe Maldonado of the Baker County Sheriff's Office.

Maldonado coordinates the county's diversion program.

He said Deputy Sheriff Bo Hansen's Sept. 1 offer was the first documented by Maldonado.

The incident report in the police report does not include the person's name or any other details.

Individuals who accept the diversion offer and subsequently complete the recommended treatment program are not charged with a crime and the incident is not noted on their record.

Created under the auspices of Oregon State Bill 4002, which was passed by the Oregon Legislature in February and signed by Governor Tina Kotek, these programs offer individuals accused of possessing relatively small amounts of certain drugs a chance to avoid criminal charges if they complete addiction treatment.

Persons who are accused of other crimes in addition to drug possession or who are on probation are not entitled to dismissal.

The new law repeals the core of Ballot Proposition 110, which Oregon voters passed in November 2020. That proposal decriminalized possession of small amounts of drugs, including fentanyl, methamphetamine, cocaine and heroin, and made possession a misdemeanor.

(A majority of voters in Baker County opposed the measure, 62.3% to 37.7%).

If a police officer finds an illegal drug on a person and the amount is below the legal limit and there is no other potential crime (such as drug trafficking) involved, the officer may offer the person the opportunity to participate in the diversion program.

The limits are less than one gram of heroin or fentanyl (or five or fewer “user units,” such as pills), less than two grams of methamphetamine or cocaine, less than 40 user units of LSD, and less than 12 grams of psilocybin.

Maldonado said in the Sept. 1 incident, Hansen stopped the person for a traffic violation. Hansen had reasonable suspicion to request a consensual search, which found both drugs and drug paraphernalia, Maldonado said.

When the person accepted the diversion offer, Hansen provided them with a form that resembles a traffic ticket. The form requires the person to come to New Directions Northwest in Baker City within three business days for a treatment evaluation.

New Directions staff will recommend a treatment program for you.

If the person does not show up at New Directions at the time Hansen specified on the form or does not complete treatment, Hansen's original report will be forwarded to the district attorney's office, who may file charges.

(This would also happen if the person refuses the police officer's offer to participate in the diversion program.)

Possession of small amounts of drugs is an unclassified misdemeanor punishable by a possible sentence of 180 days in jail.

If the person completes treatment, no charges will be filed and the case will be closed, Maldonado said.

District Attorney Greg Baxter expressed hope that the diversion program will encourage people to complete addiction treatment who otherwise would not.

Referring to the first person who was offered a diversion, he said he hoped the person “makes the most of it and that it is a positive outcome.”

“There is definitely a fentanyl problem in our county,” Maldonado said. “This gives people a chance to improve their lives.”

When Union County officials reviewed other counties' drug defense programs, they found that many of them did not seem suitable for a variety of reasons, including large geographic areas and limited resources.

“Each of the 36 counties in the state of Oregon is very different in terms of resources and ability to provide the services needed for a diversion program,” said La Grande Police Chief Gary Bell.

Union County does not have a rehab center, detoxification facility, or residential drug treatment facility, so Union County takes a different approach, a program that District Attorney Kelsie McDaniel calls “sentencing parole.”

McDaniel said Union County's prosecution respite program will help people who began using drugs after Measure 110 was passed in 2020.

Union County's program has strict criteria for who qualifies for a suspension of prosecution, and McDaniel does not expect a large number of people to participate in the program.

There have been a few drug possession charges since the law came into effect on September 1, she said, and as of September 9, none of the defendants had been eligible for a stay of prosecution.

To be eligible for a stay of prosecution, the defendant must reside in Union County, have no other charges pending against him, and have no outstanding arrest warrants.

In addition, defendants must not be on probation, supervision, or conditional release; they must not have a criminal history involving the distribution, manufacture, or possession of large quantities of controlled substances; and they must not have a history of violent crimes, child abuse, or sex offenses within the past ten years.

When an officer charges someone with possession of a controlled substance, a copy of the charge is forwarded to the district attorney's office. If the person charged is eligible for the program, they meet with defense attorney Logan Joseph. McDaniel said she wants to provide legal counsel to individuals to make sure they know their rights and understand the options available to them.

If the person chooses the prosecution suspension program, they will undergo an assessment to determine their level of care and needs so a treatment plan can be created. McDaniel said if a defendant successfully completes the treatment plan, the possession charge will be expunged.

Morrow County District Attorney Justin Nelson said his county is not yet clear on how to handle the new state law that allows counties to establish Umatilla County programs. However, Umatilla County is preparing to implement its program by Oct. 1.

According to the Oregon Behavioral Health Deflection Grant Program application update, Umatilla County received $349,706 from the Oregon Criminal Justice Commission and Morrow County received $149,998 to build its programs.

Mark Royal is the former director of Umatilla County Community Corrections and now the county's diversion program coordinator. He works with Community Counseling Solutions and law enforcement to develop the diversion plan.

Royal said when an officer issues a person a summons for possession of a controlled substance, that person will be notified along with a peer navigator/mentor and a case manager to discuss the program's policies with the person.

“Then the person makes a decision whether or not to participate,” Royal said. “And then they are admitted to a treatment facility, which is indicated by a screening assessment.”

Royal said that after a summons, a person typically has six weeks to appear in court.

According to the Umatilla County Deflection Protocols packet, to successfully complete the program, a person must have demonstrated participation in a recommended substance use disorder or other recommended treatment for 120 consecutive days. The program measures this using treatment provider feedback, treatment records, urinalysis, and more.

A person will be removed from the program if he or she is accused of other crimes, fails to appear at a court hearing, or does not adequately participate in the program.

Royal said that as a result of the subpoena, court dates would be held in Pendleton rather than Hermiston until further changes are made.

Grant County's diversion program will take effect in December, said Thad Labhart, clinical director of Community Counseling Solutions, which runs the program in consultation with county officials.

Labhart said the program is “pretty typical” of the approach most Oregon districts take.

People charged with possession of small amounts of drugs can avoid charges through diversion as long as they meet the conditions of the program. In most cases, this means they cannot have any charges pending other than simple drug possession, cannot already be on probation, and cannot have any convictions for sex crimes or violent offenses.

Individuals eligible for diversion must also complete the program developed by their CCS counselor to avoid prosecution and a possible criminal record.

“If they follow this course of treatment continuously for at least four months, this charge essentially goes away,” Labhart said.

“If they don't do that when they get out, their court date will be postponed and they will be brought before a judge on the original charge.”

Labhart said Grant County received $150,000 in seed funding from the state to get its diversion program up and running and may be eligible for more funding in the future.

CCS plans to hire a part-time peer navigator who will contact people who choose diversion and schedule an initial appointment with a substance use disorder counselor who will conduct a formal assessment and design an individualized treatment program.

The navigator may also screen diversion candidates to determine whether they are eligible for job placement, housing assistance, food assistance, and other services that may help them successfully treat their drug addiction.

In addition, Labhart said, CCS is creating two regional offices to support local diversion programs in the counties where the company operates.