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OR House Passes M110 Reform Package

SALEM, OR -- Following several hours of debate, Oregon's House passed a package of bills related to reforming the state's drug possession and treatment laws. All three pieces of legislation were approved with broad bipartisan support. 

Rep. Greg Smith (R-Umatilla) called House Bill 4002, "A delicate balance of mercy with justice." It creates a new Unclassified Misdemeanor for drug possession, which supporters say provides law enforcement with flexibility to get addicts into treatment instead of jail.

Many spoke on the House floor Thursday saying the bill is far from perfect. "I’m a yes vote on this bill today," said Rep. Bobby Levy (R-Echo), "But I recognize the major gaps that remain. And I mourn the premature and unnecessary loss of life as a result of the policies that remain in Oregon." And Rep. Cyrus Javadi (R-Astoria) issued a call to the Governor, "It’s incumbent upon us to hold the Governor accountable for the effective implementation and adjustments proposed in this bill. The stakes are too high and the consequences too severe for passive oversight."

Seven voted against HB 4002, three Republicans and four Democrats. Rep Travis Nelson (D-N. Portland) worries creating an unclassified misdemeanor and options for court-ordered treatment will disproportionately impact people of color, "I was also disappointed to hear that BIPOC stakeholders felt left out of the conversation in the final weeks of negotiation." Lawyer and State Rep. Jason Kropf (D-Bend) helped craft the bill and says there are safeguards, "We have built into this package, not only robust data collection - who’s being arrested, who’s being offered deflection, who’s being successful, who’s not successful? But we’ve also built into this package report-backs to the CJC - the Criminal Justice Commission - about what those programs look like."

Rep. Khanh Pham (D-SE Portland) also worries about racial equity and the expense of creating a new system, "Without enough public defenders, our judicial system is going to be under tremendous strain and will need a lot more funding for prosecutors, public defenders and probation officers."

Rep. Ed Diehl (R-Turner) said, "House Bill 4002-A, in my opinion, is now the most anti-crime, pro-law enforcement bill this legislature has sent to the House floor in years. It gives law enforcement many of the tools they’ve asked for to deal with this drug crisis. However, it also has serious flaws that will limit its effectiveness."

Following the bill's passage, Rep. Emerson Levy (D-Central OR) issued a statement saying, "The voters were clear when they passed Measure 110: getting people into recovery is the top priority. But, what we’ve experienced since the implementation of Measure 110 is unacceptable. HB 4002 is a comprehensive plan to address our state's drug and addiction problem and gives our law enforcement the tools they need to confiscate hard drugs and get people off the street and into recovery." 

Along with HB 4002, the House approved a companion spending bill, with two Republicans voting against it. HB 5204 funds related programs like youth education and drug prevention and workforce training for behavioral health providers. It also sends money to sobering and stabilization facilities around the state, including $1.5 million for Deschutes County’s stabilization center.

Also advancing to the Senate, a bill bolstering specialty treatment courts. "Ultimately, the barriers facing each drug court are unique and there are some constant themes," House Speaker Dan Rayfield (D-Corvallis) said Thursday, "And right now, at a time when the addiction crisis is at a high, we see some drug treatment courts starting to shut down: some in Benton County, some in Deschutes County." 

Rayfield explained, "House Bill 4001 sets up a process to build a model that best meets the needs of communities across the state, by establishing a task force. The task force will answer key questions, to make sure our work in this space leads to intended outcomes, giving communities the tools they need to maintain and grow their specialty courts. Specifically, the task force will examine our existing specialty treatment court funding structure, eligibility criteria and accountability mechanisms in place, so we can identify a consistent system across the state. " He says the bill would, "Ensure that we are providing high functioning, effective diversion opportunities for people who will benefit from them most. These programs are also proven to significantly reduce recidivism if done correctly."

Rep. Kevin Mannix (R-N. Salem) says it could also lead to other creative solutions, "The long and the short of it is, this opens up the door for a robust discussion about what we can do at the local level to enhance the courts, along with the specialty courts that we need in the state." HB 4001 unanimously passed the House.

All three bills are now in the Senate and would take effect if and when they’re signed by the Governor. 

 

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