In 2021, Oregon stopped making it a crime to possess small amounts of drugs meant for personal use. It was called Measure 110, and the hope was that instead of getting arrested, people using drugs would get a $100 ticket or a health assessment that could lead to counseling.
But with the rise in fentanyl use and the pandemic, overdose deaths increased in the state, the system was overwhelmed and the resources for treatment were sorely lacking. On the street, people saw open drug use.
As of this month drugs in Oregon are now recriminalized, but there's a new emphasis on "deflection." It's an ultimatum for people caught with personal-use amounts of drugs: Get arrested or get matched with services, like detox.
"This work is part of our larger strategy to improve community health, well-being, and safety," said Jessica Vega Pederson, Multnomah County chair, during a Zoom call for reporters to explain how deflection works in Oregon's most populous county.
"We've already learned so much about this. We've learned that there are indeed community members who are eligible for deflection who otherwise would be arrested under the new law," she said.
Each county in the state has the option of setting up a system of deflection.
"The idea is to deflect those individuals before they get into the criminal justice system, connect them with the services that they need. And hopefully that would prevent them from having any more criminal justice system involvement in the future," said Ken Sanchagrin, executive director of the Oregon Criminal Justice Commission.
RELATED STORY | New study shows the rising prevalence of fentanyl pills
The commission gives out grants for counties to set up their own deflection program. From a state pot of money of about $20 million, counties choose how to carry out this new idea, paired with the new recriminalization laws.
"The legislature wrote the statutory portions of the grant program very, very broadly, and that was with an eye toward letting locals determine what their needs were and also to hopefully spur some innovation," said Sanchagrin.
The program is inspired by LEAD, or law enforcement assisted diversion — a model that's been around since 2011. It's already being used in dozens of cities and towns in 23 states.
Oregon's northern neighbor Washington was a source of inspiration for its deflection program. Seattle has had its own LEAD initiative for years and in 2021, Washington enacted one statewide that officials say has helped to reduce red tape to help people quickly.
"Having it not be tied to other funding streams, which might require certain steps to be taken prior to engaging with somebody, we're able to engage with somebody right away," said Tony Walton, a section manager for Washington's Division of Behavioral Health and Recovery.
However, the idea is so new in Oregon that the current system does not have all the pieces in place to fit the need — a problem officials in Multnomah County are well aware of.
For example, at the very start of the rollout, some people in Multnomah County who qualified for deflection couldn't start because there wasn't the personnel or space available.
"We know that the entire state is facing a shortage of treatment beds. The entire state is facing a shortage of public defenders, but we still have to respond to the law change," said Vega Pederson.
David Hertzberg is a professor who specializes in the history of drugs and drug policies. He says the idea of centering on the needs of drug users is a novel one in a country that has waged a "war on drugs" for decades.
"Whether that can last or not, it's actually hard to say because it's so new, and I find it pretty inspiring," said Hertzberg.
Hertzberg believes for this to be successful, it needs a buy-in from everyone involved, from those experiencing addiction, to police, to community members, which means giving it grace as it works out its problems.
"There is no solution that is perfect, and that we're really looking for the least-worst outcome. And one of the things that happens here is that you have a reformist policy come into play and things still aren't perfect. And then that becomes a reason to snap back," he said.
RELATED STORY | There's a new animal sedative being linked to overdoses across the country, officials say
