PORTLAND, Ore. — Editor's note: As of Monday, Nathan Vasquez has been added to the leadership team putting together Multnomah County's deflection strategy. Vasquez wrote in a statement, "I am excited that Chair Vega Pederson has included me in the process. When I take office in January any deflection program must include accountability and meaningful connection to treatment. Deflection under my leadership will include a limited number of opportunities and will require individuals to engage in treatment efforts."
Come September, Oregon's experiment with decriminalization of simple drug possession will come to an end, when that piece of Measure 110 will be replaced with a brand-new penalty structure. Under the new law, counties can set up programs that instead help drug users avoid jail time through participation.
However, the state law gives little guidance on how those deflection programs can be structured, meaning each county could have a unique system. And according to Nathan Vasquez, Multnomah County's next district attorney, county leaders are busy building a system with little accountability — a process from which he's been entirely excluded.
When Oregon lawmakers drafted House Bill 4002, the drug policy bill that rolled back decriminalization, they left the definition of deflection programs purposely vague. However, the bill did direct the Oregon Criminal Justice Commission to begin collecting data on outcomes, then conduct a study a year later to determine best practices and make recommendations on how the programs should look.
In the meantime, Oregon counties that determined to set up a deflection program ahead of September (some have opted out) are doing it independently, meaning outcomes will inevitably be different.
The Oregonian was first to report Tuesday on the Multnomah County plan, citing a policy advisor to Chair Jessica Vega Pederson. Under the framework, someone caught with drugs would not need to undergo a substance abuse screening or agree to treatment. Instead, they'd check in at a drop-off center, then be free to go without threat of jail time or prosecution.
Law enforcement will be empowered to seize drugs that they find, but they'd otherwise have no other discretion in low-level drug possession cases, The Oregonian reported. Police would need to take drug users to the drop-off center, as long as the person agrees to go in lieu of arrest.
Vasquez doesn't think this plan is enough of a departure from where things were with Measure 110 — failing to meaningfully connect drug users with treatment or add some accountability.
"I see it as going down the same path. It's a return to that failed formula," Vasquez told The Story's Pat Dooris. "And in some cases, you could even say maybe it's worse. I mean, you're looking at a situation where, you know, if it's true that they're going to do unlimited deflections, what message does that send?"
Out of the loop
In May, Multnomah County District Attorney Mike Schmidt lost his reelection bid to Vasquez, a senior deputy district attorney in his office. The campaign itself was bitterly fought — by the end, it was clear that there was no love lost between the two.
Vasquez won't take office until January of next year, which means he's not guaranteed any seat at the table while the formation of this deflection program takes place. As a result, he doesn't have much insight on what county officials are doing and why.
"I have not been asked to join any of those conversations," he said. "You would have to certainly ask either the county or the district attorney's office, but it's something that I desperately want to be involved with."
Vasquez said he hasn't asked Chair Vega Pederson directly if she would welcome him into the conversation, and he said he thinks they'll have a "very collaborative relationship" eventually. But he claims Schmidt isn't working with him on a smooth transition ahead of 2025 — which, to his mind, means working together on programs that he'll be inheriting.
Right now, the deflection programs Vasquez sees being developed in neighboring counties appear to be shaping up differently, with more requirements of people caught in possession of drugs to engage with the program.
"You have a system where the district attorney's office is intimately involved in the formation of the deflection program, and it has some real measures of accountability and it has some real expectations that these individuals are going to be meaningfully engaging in treatment," Vasquez said. "And that's something that I'm dedicated to, is seeing folks actually get connected to treatment and to have that measure of accountability — to see that we are making progress."
RELATED: Oregon modeled Measure 110 on Portugal's drug decriminalization. They aren't remotely the same
Flawed out of the gate?
To the extent that Multnomah County's plans are final, Vasquez said he thinks they'll create a "revolving door" of people being dropped off again and again without actually seeking treatment.
RELATED: Portland police union president fears Multnomah County drug deflection plan lacks 'carrot or stick'
"I would certainly be demanding and advocating for things, like it can't be unlimited deflection," he said. "You need to have a situation where yes, we want to give people opportunities, but it can't just be a blank check and you can come back tomorrow, the next day, the next day, the next day ... you need to develop a program that has real accountability.
"And part of that means that people are meaningfully engaging in treatment. Because if they're making zero efforts to do that, what are we- why are we even doing this?"
Whatever the plan Multnomah County institutes, Vasquez said he thinks it will evolve over time. But he doesn't think it should start by creating a "flawed program," one that considers drop-off to be an accomplished deflection.
"What I hear is currently contemplated is that when you get dropped off at the door of this deflection center, that's success," Vasquez said. "I believe that success is when an individual has demonstrated some real effort to ... they went in, they made contact with a provider, they got on a waitlist, they attended meetings, you know.
"There are lots of opportunities out there and it certainly is on the county and on the system partners to make sure that we're putting things in place to help individuals. Absolutely. But they also need to be taking steps and efforts to get there as well."