PORTLAND, Ore. — After enforcement of Portland's new prohibited camping ordinance hit a very public snag this week when the county sheriff said she will not book violators in jail, Mayor Ted Wheeler directed police to proceed with handing out criminal citations in lieu of jail.
The unexpected schism between elected leaders began Friday, when Portland police officers arrested a homeless man who refused to accept shelter. When officers took the man to the Multnomah County Detention Center, the jail refused to book him.
'I'LL GO THE JAIL ROUTE': Homeless man first arrested under Portland camping ordinance was cited and released
Sheriff Nicole Morrisey O'Donnell then released a public statement, clarifying that this was the existing policy for the Multnomah County Sheriff's Office — one she did not intend to change.
"As the elected official charged with managing the jail, I believe we need to utilize the corrections system as a place for people who pose a genuine danger to the public," O'Donnell said, in part, "and that does not include individuals whose only offense is living unsheltered."
O'Donnell said that her office's policy was to book anyone charged with violations of Oregon statute, but not local ordinances.
Between O'Donnell's statement and one from Wheeler, it became clear that there was, at the very least, some miscommunication on the topic. Wheeler said he understood that, as of August 2023, the sheriff's office had returned to an "open booking" policy. But O'Donnell said her office had specified months prior that camping ordinance violations were "not bookable."
With O'Donnell showing no signs of backing down, Wheeler on Wednesday emailed Portland Police Chief Bob Day, directing police to hand out criminal citations in lieu of jail for violators of the camping ordinance.
"The City has an obligation to maintain the public rights of way, access to public rights of way, and to protect sensitive environmental areas," Wheeler wrote. "We are responsible for implementing and enforcing a law approved by a unanimous city council and based on the will of the voters when outreach and services have been repeatedly refused by people living outside.
"In light of the Sheriff's decision not to book and process arrests for violations of the City’s public camping ordinance, I am directing the Portland Police Bureau to continue to cite those who repeatedly violate this law and refer these cases for prosecution.
"Thank you for the tireless work of our officers at PPB who are carrying out these duties every day and night across the city."
Portland Police Bureau policy allows for criminal citations instead of making an arrest on some Class C felonies, as well as most misdemeanors and violation-level offenses. It also specifies that they should be issued based on the Multnomah County Sheriff's Office booking criteria.
Even when it isn't mandated by jail policy, police are allowed to issue citations in lieu of arrest for a "specific reason based on the totality of the circumstances, including but not limited to not separating a parent from children, avoiding the use of force, or limited staffing or resources," assuming they get a supervisor's approval and document the reason.
Portland police have sometimes opted to criminally cite and release people suspected in violent crimes because officers otherwise would have needed to wait until the suspects were medically treated and discharged to book them in jail. In at least two highly-publicized cases, the suspects were later accused of attempted murder or murder.
