Polk County criminal justice leaders on Sunday are launching a new program giving people cited for drug possession the option to complete treatment to avoid prosecution.
The program comes as an Oregon law re-criminalizing drug possession takes effect. Many counties in Oregon are standing up so-called “deflection” programs intended to keep people using illicit drugs out of the criminal justice system and encourage recovery.
Officials from community corrections, law enforcement, behavioral health and the district attorney’s office collaborated on the Polk County program.
When drugs are re-criminalized on Sunday, Polk County law enforcement will issue a citation to someone they believe has committed the crime of drug possession only. The citation will have information about the deflection program and contact information for its coordinator.
The person then has seven days to get in contact with the coordinator. Once contacted, the coordinator will refer the person to a steering committee made up of officials from corrections, law enforcement, the district attorney’s office and behavioral health.
To complete the program, participants need to complete the addiction treatment recommended by the steering committee.
If contact is not made within seven days after the citation, the case will go to the district attorney’s office, where prosecutors will decide whether to file charges for possession.
Jodi Merritt, the county’s community corrections director, said that officials don’t want to criminalize addiction, but have to uphold the re-criminalization of drug possession. House Bill 4002 made a new misdemeanor for possession of user quantities of drugs. Those who violate the law will generally receive probation. Oregon voters previously decriminalized drug possession through a 2020 ballot measure.
District Attorney Aaron Felton said he expects not every drug user in the county will enter deflection. Some could be placed on probation or supervision, or serve jail time if they face additional, more serious charges.
“If drugs are part of the thing that’s fueling their criminal activity, we want them to have the opportunity to get clean,” Felton said.
The county is working on how to hold drug users’ accountable for other criminal charges while prioritizing recovery.
“Polk County folks are really very generous with giving people a second chance,” Felton said. But county officials and community members want to prioritize accountability, especially for drug dealers.
Felton said that due to Polk County’s relatively small size, law enforcement officers have a closer connection to the people in need of health services. Felton recalled that in conversations with law enforcement, police and sheriff’s office officials wanted to remain personally engaged with the public while enforcing deflection.
“We’ve really had to understand what each community is facing,” Merritt said. While planning the program, county officials met with law enforcement to understand how to practically meet community needs in smaller communities outside of Salem, like Independence, Dallas and Grand Ronde.
Felton said that deflection should impact people in need of recovery support, but also law enforcement. Since deflection is new to Polk County, it is important for the program to build credibility with law enforcement.
Because of population and budget size, the program starting Sunday is a small version of what other counties, like Marion County, are doing.
Merritt, who handled the county’s application for funding, said Polk County will spend about $239,000 on the first year of the new program, paid by state grants. The money will pay for two program employees, training materials, housing services and equipment.
“We lack in resources in comparison to Marion County,” Merritt said.
Marion County officials have had a deflection-like program, Law Enforcement Assisted Diversion, in place for six years. The county is expanding that program and adding a new effort, called RESTORE Court, which is focused on keeping drug users who commit low level property crimes out of jail.
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.
