Leading Democratic lawmakers are finalizing proposed changes to Measure 110 that would make minor drug possession a crime again and give the accused multiple chances to avoid jail time.
The proposals, which include options to seek substance abuse treatment before arrest and again before conviction, are expected to come with a price tag of between $180 million to $235 million, according to a source who requested anonymity due to the ongoing nature of discussions.
The package is expected to draw bipartisan support and could be voted out of committee next week after a public hearing, the source said.
Under the latest proposal, changes to Oregon’s drug possession statute would not take effect until Sept. 1.
The proposal would create a new type of misdemeanor that comes with potential jail time but only after multiple failed attempts to get the person to enter treatment.
It would also createa so-called deflection approach to give the accused the chance to get help immediately before they face arrest.
Deflection programs would not be mandated; Senate Majority Leader Kate Lieber, D-Beaverton, said leaders of more than a dozen counties say they will implement such programs, which will come with millions in state funding. She said the participating counties cover about 80% of the state’s population.
Lawmakers decided to make the programs optional for counties after pushback from local governments and law enforcement.
Under the proposal, if a person were to satisfy treatment requirements, the case would be expunged. If not, police would submit the case to prosecutors, who would treat it similarly to diversion offered for first-time impaired drivers. The person would be placed on probation and treatment would be required.
If they are successful, the charge would be expunged. If not, judges may impose jail time.
Lieber called the approach a “treatment first” model, saying it strikes a balance between what’s being sought by decriminalization advocates and those calling for harsher criminal penalties for drug possession.
“We knew that when we came into this session that inaction was not an option,” she said. “Right now we have five people dying every day in Oregon from overdoses. … Quite frankly we are trying to solve our crisis. We think this is the best path to do so.”
Rep. Kevin Mannix, R-Salem, said he hasn’t seen the latest proposal and isn’t sure he’ll support it. Mannix sits on the Joint Committee on Addiction and Community Safety Response, the panel addressing criticisms of Measure 110.
“I’m going to avoid making any definitive final statement until I see how it’s being blended into an overall solution,” he said.
