COUNTY GOVERNMENT, PUBLIC SAFETY

New Marion County program aims to keep drug users out of jail as possession is criminalized again

Marion County officials are launching a new court program to help drug users who commit low-level property crimes pay back their victims and begin recovery.

RESTORE Court will launch Sept. 1, when a state law re-criminalizing possession of user quantities of drugs takes effect. The acronym stands for REStitution & Treatment On Route to Expungement.

It’s the county’s answer to a call from state legislators to steer drug users toward treatment, not jail.

Legislators earlier this year passed a bill rolling back Measure 110, the 2020 voter-approved drug decriminalization law. The new law encourages, but does not require, counties to create deflection programs, which are designed to divert drug users away from the criminal justice system.

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

That program, operated by the sheriff’s office, has shown success in getting people housed, employed and using drugs less frequently. But it’s not open to people who owe restitution to victims, because there’s no way outside the legal system to require people to pay restitution.

RESTORE Court is an effort to expand the options available to people in Marion County who are using drugs and committing property crimes.

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

Oregon’s Criminal Justice Commission allocated $20.7 million for county and tribal government deflection programs through a behavioral health program grant. As of July, 28 counties have applied to start deflection programs.

Marion County will receive close to $1.3 million to fund RESTORE Court and the existing LEAD program for the next year. Most of that money will pay for employees, including a dedicated deputy district attorney and a LEAD program navigator, as well as supplies for work crews and training, according to the application.

READ IT: Marion County’s deflection program application

RESTORE Court will be for people owing restitution due to drug possession and low-level property crimes like mail theft or vandalism. To complete the program, people must complete addiction treatment and do community service. The money earned through their service work will go towards paying off their restitution.

In return for completing the program, RESTORE Court will expunge people’s charges. Those who don’t complete the program successfully will be referred for traditional prosecution.

Marion County Circuit Court judges Lindsay Partridge and Jodie Bureta will oversee the court, which is a joint effort of the sheriff’s office, Marion County’s District Attorney’s Office and county Health and Human Services Department.

Hunter said through the LEAD program’s success, he’s seen families reunite and people housed and employed. 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.

At its start, RESTORE Court will have space for about 40 people, Marion County Deputy District Attorney Brendan Murphy said. Program capacity will likely increase with time as resources and demand grow, he said.

Contact reporter Madeleine Moore: [email protected].

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Madeleine Moore is working as a reporter at Salem Reporter through the University of Oregon’s Charles Snowden internship program. She came to Salem after graduating from the University of Oregon in June 2024 with a bachelor’s degree in journalism.