Oregon lawmakers near vote on HB 4002 amendments, criminal penalties for drug possession

Oregon lawmakers have scheduled a work session today to vote on changes to House Bill 4002, the measure that would reintroduce criminal penalties for possession of small amounts of illicit drugs.

A public hearing on the bill held Monday evening ended up lasting more than four hours, with dozens of individuals testifying. Hundreds more submitted testimony online.

A 137-page amendment was made public on Friday, updating the bill to penalize drug possession as an entirely new misdemeanor with penalties of up to 180 days in jail — more than the 30 days Democrats initially proposed.

Republicans and some law enforcement groups had called for penalties of up to a year.

Instead, the amendment encourages law enforcement and district attorneys to refer people to deflection programs or divert punishments but does not require deflection or diversion.

Current Class E violations, established under Measure 110, would become unclassified drug enforcement misdemeanors as of Sept. 1. A defendant would first face 18 months of probation. Probation violations would result in 30 days of jail. If probation is revoked, a defendant could be released to treatment or face a 180-day sentence.

Someone facing a drug enforcement misdemeanor could also request a 180-day sentence directly.

Unchanged by the amendment were the definition of drug delivery charges, an enhancement for dealers selling near treatment facilities, homeless shelters, and public parks, and an expansion of welfare holds from 48 hours to 72 hours.

Marion County a state leader with diversion program

Counties were asked to submit letters of commitment to establish the optional pre-arraignment treatment pathways. So far, 23 of 36 counties have submitted those letters: Baker, Benton, Clackamas, Clatsop, Columbia, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jackson, Josephine, Klamath, Lane, Malheur, Marion, Morrow, Multnomah, Umatilla, Wasco, and Washington.

According to a spokesperson for the Senate Majority office, the policy had been structured so additional counties could sign on at any time.

Law enforcement officers, including Marion County Sheriff Nick Hunter, testified Monday in support of the proposed amendment.

In its letter of commitment, Marion County said it has been a "leader in this state" as the first to run a "robust Law Enforcement Assisted Diversion program" for the past seven years. It was a program Hunter said on Monday he was the most proud of.

"We are more than happy to take this program and share it with the rest of the state," Hunter said.

The Oregon State Sheriffs' Association also signaled its support for the changes, calling the amendment a "true partnership" between Republicans and Democrats to address the addiction epidemic in the state.

"This proposed bill will do excellent work in our communities. It will provide the public safety our constituents expect and will make a significant difference in the addiction crisis in our State," said Hood River County Sheriff Matt English, a board member for the association.

Opponents worried about staffing, racial disparities

However, criticism remained strong amongst Measure 110 advocates, criminal defense lawyers, and criminal justice advocates.

Several members of the ACLU of Oregon testified, urging lawmakers to vote no on HB4002. Director Sandy Chung said moving the bill forward would be a step backward.

"There's some magical thinking happening here that somehow going back to the way things were before Measure 110 is going to take us back to the 2019 addiction crisis, but I want to remind you that it was bad in 2019, and it is still bad today," said Haven Whelock of Outside In, a healthcare nonprofit in Portland.

Jennifer Nash, the chair of the Oregon Public Defense Commission, said the state's criminal justice system was not equipped to handle the increased caseload expected with the new misdemeanor. There are over 2,700 Oregonians charged with a crime eligible for public defenders but without representation.

Nearly 39 full-time public defenders would need to be hired to provide representation for the additional cases the commission believes would result under this bill, Nash said.

Opponents also pointed to the Racial & Ethnic Impact Statement written by the Oregon Criminal Justice Commission and submitted Monday, estimating HB4002 would lead to racial disparities for Black Oregonians.

"The Commission predicts there will be 2,257 additional convictions across all racial/ethnic groups, 103 of which will be for Black/African American individuals. To reach parity with whites given Census population differences in Oregon, there would need to be no more than 74 convictions for Black/African American individuals," estimated the CJC.

Senate Majority Leader and co-chair of the committee, Kate Lieber, D-Portland, acknowledged concerns but said lawmakers needed to act and that the goal was treatment, not jail.

"We know that we have to take action. We've got five Oregonians overdosing and dying every day. We have a goal to get people into treatment and recovery and not jail. and we agree that the current system, the way that it is set up, is not working. And we need to give providers and law enforcement the tools that they need to keep people safe and save lives. And we have heard from Oregonians across the state and we've incorporated their feedback in this plan," Lieber said.

The work session to discuss and potentially send the bill to the House floor was scheduled for 5 p.m. today.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo

This article originally appeared on Salem Statesman Journal: Key vote set on Oregon's HB 4002 after intense public hearing