Queen’s Bench LuncheonCrime and Punishment In Oregon:

Implementing News Ways to Help Us Achieve a Fair, Equitable, Just and Better

Criminal Justice System

Rod Underhill District Attorney Multnomah County Oregon

Multnomah County Specialty Courts

Multnomah County Justice Reinvestment Program (MCJRP) Juvenile Justice Reinvestment Program (JJRP) Treatment First

LEAD (Law Enforcement Assisted Diversion) STOP (Sanction/Treatment/Opportunity/Progress

Success Through Accountability, Restitution and Treatment (START) DUII Intensive Supervision Program (DISP) Community Court Veteran’s Court and Justice Outreach Project Mental Health Treatment Court Domestic Violence Deferred Sentencing Program (DSP) DUII Diversion First Offenders Program (commercial sexual solicitation related crimes) Sex Buyers Accountability and Diversion (SBAD) Lifeworks New Options for Women Treatment Supervision (NOW) One Family One Judge Dependency Program Legal Services Day Community Healing Initiative (CHI) Early Intervention and Diversion Program Juvenile Detention Alternatives Initiative

Justice Reinvestment Initiative Oregon HB 3194

Sentencing and other law changes to help safely reduce prison bed usage and costs: August 2013 Should flatline prison growth for at least 5 years Prevents new prison construction for at least a decade

“Avoided cost savings” of approximately $19 million “reinvested” in first biennium (13-15)

“Avoided cost savings” of approximately $40 million “reinvested” in grant allocations each biennium since.

Non-profit victim services receive 10% of allocation

Design is for money not spent (avoided) on increased prison costs is to be re-invested in local community public safety

Multnomah County Justice Reinvestment Program (MCJRP) Goals: July 1, 2014

Approximately 1200 participants per year

Hold offenders accountable Reduce offender recidivism Decrease utilization of Oregon Department Of

Corrections prison beds Increase public safety Decrease victimization Increase restitution collectionHow does a criminal justice system accomplish all of these important goals?

The Way To Make Better Decisions Is To Be Better Informed

PAVRON: Information to be collected on each MCJRP case and provided to District Attorney, Defense Attorney and Client, Court (JSC), Probation and Parole

Professional Judgment Accountability

(Personal/Social) Victim Input/Impact Risk Assessment Offense Information

Mitigation Aggravation

Needs Assessment

Professional Judgment

The information collected in the PAVRONprocess should be used to help inform Professional Judgment of the prosecutor (working with the crime victim(s)), defense attorney, court, parole and probation to determine how best to resolve a particular case.

Victim Input and Impact Article 1, §42 of the Oregon Constitution ensures

crime victims a meaningful role in the criminal and juvenile justice systems. (1)(a) and (1)(f) of §42 grants victims the right to be present at, and informed in advance of, any critical stage of the proceedings held in open court and to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency disposition. Victim consultation during plea negotiations on violent felonies, and the opportunity to be heard at sentencing (or juvenile disposition) is desirable and constitutionally mandated.

Risk Assessment (LS/CMI)

Use of this actuarial tool is to assess the offender’s needs and likelihood of recidivism as defined in HB3194 Section 45(1). The LS/CMI results are intended to inform the parties at critical decision points by determining an individual’s level of supervision if placed on probation. This risk profile may affect eligibility in a specialty court. All materials associated with this assessment will be provided to all of the parties.

Needs Assessment (LS/CMI)

Identify an individual’s clinical and criminogenic needs through the use of a needs assessment (e.g. drug and/or alcohol treatment, mental health related medication and/or counseling, psychiatric or psychological evaluation, housing, physical health-related issues, etc.) and program availability in the community. Treatment services should target an individual offender’s clinical and criminogenic needs.

The information in the Assessment Report can ONLY be used for settlement and sentencing purposes (e.g. not to be used at release

hearings, not to be used to file upward departure enhancements, etc.)Presiding Judge’s order

MCJRP Assessment Form

LS/CMI score with breakdown

Criminogenic and Responsivity Factors

Risk Reduction Targets

Housing Children/DHS

involvement

Military Service FTA History Supervision History Criminal History Early Defendant

Analysis Defendant’s Top 3

Strengths Victim input

MCJRP Data Collectionand Analysis

MCJRP: Important Outcomes State avoided costs exceed $165 million since

July of 2013. (Oregon Criminal Justice Commission- Cost Avoidance Report Per House Bill 3194 (2013) January 1, 2019). (MCJRP responsible for over $50 million cost avoided).

Pre MCJRP: about 45% received probation Post MCJRP: close to 70% receive probation Between 70-80% are high risk/high needs Recidivism has been reduced by about 6%

despite about 200 additional HR/HN individuals being placed on probation per year.

Restitution collection amounts have increased “The likelihood of payment of restitution is significantly higher for

MCJRP-eligible cases when the participants are sentenced to community supervision.” MCJRP Year Three Outcomes, Measurement, and Future Evaluations report.

2016-17 Review and ChangeTreatment First/LEAD®

Treatment First Program (TFP) Pre-adjudication-April 2017.

Law Enforcement Assisted Diversion (LEAD®) Pre-booking-March 2017

Original considerations Reduce racial and ethnic disparities Reduce collateral consequences of felony prosecution

and conviction Emphasis on personalized treatment dosage for

abuse and addiction 1200-1500 PCS cases per year

Treatment First Program Mission and Purpose

Treatment First Program DA Mission and Purpose cont.

“…[W]e are further aware of the fact that a very significant disproportionate number of persons of color are being arrested and referred to, and inserted into, the criminal justice system for these offenses. We endeavor to reduce the negative impact of criminal justice involvement and its associated collateral consequences and embrace a ‘treatment first’ philosophy.”

Treatment First Program(TFP)

PCS Arrest

HR/LN HR/HNSTOP CourtLN/HR

Risk and Needs Assessment

(LS/CMI) and TCU

LEAD®

LN/LN

Law Enforcement

Dismissal/Reduction

TFP: Risk and Needs LC/CMI

Oregon HB 2355 Effective August 2017: Felony to

Misdemeanor unless: (much narrower than TFP)

Intentionally or knowingly possessed a useable quantity and,

had a prior felony conviction, or;

had two or more prior convictions for useable quantity PCS, or;

The possession is a commercial drug offense, or;

The person possessed * or more of a mixture or substance containing a detectable amount of ________.

Heroin- 1 gram- B FelonyMethamphetamine- 2 grams- C FelonyCocaine- 2 grams- C FelonyMDMA in its various forms- 1 Gram, or five pills, tabs, or capsules- B FelonyMethadone- 40 or more user units - C Felony Oxycodone- 40 or more pills- C FelonySchedule I:LSD- 40 user units- B felonyPsilocybin or Psilocin- 12 grams- B Felony

Oregon Criminal Justice Commission Study

DETAILED TRENDS: STATEWIDE AND MULTNOMAH COUNTYCOMPARING STATEWIDE MISDEMEANOR CONVICTIONS TO MULTNOMAH COUNTY IN FY17-18

Statewide misdemeanor levels were around 27% in FY17-18

In Multnomah County, 90% of PCS cases were issued as misdemeanors

When examined in this way, statewide Blacks received misdemeanors less often than Whites statewide, but about equal to Whites in Multnomah County

State law disqualifiers

Prior felony conviction(s)

had two or more prior convictions for useable quantity PCS

Quantity possessed much lower

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Multnomah County

Misdemeanor Felony

RACIAL DISPARITIESMULTNOMAH COUNTY FELONY PCS CONVICTION RATES BY RACE

Significant drop in felony convictions overall in Multnomah county.

Large reductions by race accompanied the overall significant reduction in felony PCS convictions.

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RACIAL DISPARITIES: MULTNOMAH COUNTY RDR VALUES FOR FELONY CONVICTIONS: SIGNIFICANT TREND TOWARD BASELINE

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Law Enforcement Assisted Diversion (LEAD®)

Began March 2017 Based on the Seattle model Harm reduction philosophy Pre-booking diversion Possession of controlled substance Downtown and inner east side high

pedestrian traffic area Social service response to addiction

Law Enforcement Assisted Diversion (LEAD®)

Buy-in from local leaders, LE, PD, comm. Contract with local service provider (CCC)

with experience with this population

Law Enforcement Assisted Diversion (LEAD®)

Currently between 150-175 individuals: Two methods of entry-post arrest but pre booking or social contact referral.

Opportunity for police, social workers, County and DA’s Office to collaboratively work together.

Bi-weekly operations meetings to learn about participants, address issues and work with individuals through their case workers.

Rod Underhill Multnomah County District Attorney (Oregon)

Email: rod.underhill@mcda.usPhone 503-988-3162