Create a diversion program for individuals experiencing homelessness

UNTREATED MENTAL ILLNESS AND SUBSTANCE ABUSE AMONG OUR UNHOUSED WHEREAS, the City of Portland (the “City”) is experiencing an epidemic of mental illness, drug addiction, and homelessness, causing an unprecedented crisis that requires collaboration among all levels of government to address; and WHEREAS, because the City has very limited authority to provide behavioral health services and implement enforcement of the law, the City recognizes the importance of continued collaboration with stakeholders working in the legal and homeless services space to provide meaningful access to resources for this vulnerable population of our community; and WHEREAS, despite the limited authority, the City has focused significant resources toward addressing this crisis with the intent to centralize information and resources available to provide shelter and services to those experiencing homelessness; and INCREASE AND IMPROVE ACCESS TO TREATMENT SERVICES WHEREAS, the City has resolved to create designated camping sites to provide managed campuses with hygiene, food, and greater access to services across the continuum of care; and WHEREAS, as designated campuses open, the City and other stakeholders will be tasked with both incentivizing people who decline offers of shelter to camp in these areas, and implementing a strategy to address those who decline offers of shelter or relocation to appropriate sites; and MORE EFFECTIVE INCENTIVES TO VOLUNTARILY CHOOSE TREATMENT WHEREAS, the City acknowledges the importance of addressing underlying causes that can often lead people to become homeless rather than criminalizing low level conduct that is often associated with homelessness. For example, for people living in poverty fines and costs associated with low level criminal offenses can create a spiraling set of economic and justice consequences, including arrest or civil judgments, that limit their ability to get a job, obtain housing, and take out a loan. These consequences can further limit a person’s ability to rebuild financial security [i]; and WHEREAS, diversion programs can help alleviate many of these collateral consequences by offering people cited for low level offenses opportunities to address pending cases outside of the criminal legal system; and CRIMINAL PUNISHMENTS FOR LOW LEVEL OFFENSES RARELY ADDRESS UNDERLYING ISSUES WHEREAS, diversion programs focus on root problems by recognizing that incarceration will not solve homelessness, job and food insecurity, substance use disorders, or other factors that contribute to harm. Working to remedy these underlying problems improves community safety and the health of the community in the long-term [ii]; and WHEREAS, diversion programs engage community and recognize that restoration, healing, service provision, and relationship-building are more effective when done in the community, not in custodial settings [iii]; and DIVERSION PROGRAMS SHOW RESULTS WHEREAS, diversion programs center people’s humanity by operating on the belief that people are more than the labels the criminal legal system attaches to them, empowering them to address their underlying needs with a sense of personal agency. Centering on humanity often leads participants to find diversion fairer than the traditional court system [iv]; and WHEREAS, diversion to treatment, for example, has proven to be less expensive than incarceration. A 2010 study found if just 10 percent of people eligible for diversion were sent to community-based substance use treatment programs rather than prison, the criminal legal system would save $4.8 billion compared to current practices. Furthermore, every dollar invested in drug treatment yields $12 worth of savings in terms of reducing future crime and health care expenses [v]; and WHEREAS, in a 2018 study in Harris County, Texas, researchers found positive outcomes for diversion programs in criminal courts. After reviewing diversion policy shifts and how they impacted people before and after implementation, the study found that diversion substantially decreased a person’s future convictions by 48 percent 10 years after participation and improved employment outcomes by 53 percent over the same period [vi]. Rather than spending time behind bars, diverted people returned to their communities less likely to be re-convicted and found employment that helped get them back on their feet [vii]; and NOW THEREFORE BE IT RESOLVED, the City is requesting partnership with stakeholders, including the MCDA, the judiciary, service providers, and subject matter experts on the design and implementation of a voluntary diversion program for City Council approval; and BE IT FURTHER RESOLVED, the City’s intent for this program would be to offer legal relief and a means of connecting people with individually relevant services to improve the homeless crisis in Portland; and BE IT FURTHER RESOLVED, the City seeks to ensure collaboration among stakeholders, including the MCDA and others, in order to provide alternatives to punitive sanctions and improved access to service provider networks for homeless community members; and BE IT FURTHER RESOLVED, the City is requesting assistance from County law enforcement agencies, such as the MCDA, to help design a system for referring homeless community members to diversion in a manner that minimizes exposure to criminal and financial penalties. For instance, when a low level violation occurs, the City wants to ensure people experiencing homelessness are provided with multiple opportunities to avoid punitive sanctions of any kind. To achieve this goal, the City will collaborate with stakeholders to design an enforcement approach utilizing multiple warnings and repeated invitations to participate in diversion before any civil or criminal penalty would be imposed; and BE IT FURTHER RESOLVED, this program will aim to remove legal barriers in support of achieving long-term self-sufficiency for people experiencing homelessness in Portland. Subject to jurisdictional authority, the program could achieve these goals in a variety of ways, including clearing outstanding arrest warrants, waiving fines and costs, designing alternatives to incarceration, and expungement of eligible criminal records for people participating in the program; and BE IT FURTHER RESOLVED, the City also intends for this program to take every reasonable measure possible to alleviate collateral consequences arising from violations to homeless community members, employ progressive, multi-faceted approaches to avoid incarceration, match people with appropriate services, and build greater opportunities for self-sustainability for those experiencing homelessness; and BE IT FURTHER RESOLVED, the City Attorney’s Office is directed, to consult with the MCDA, to review City Code provisions regulating camping in public spaces and recommend to Council code amendments to conform with recent court opinions as well as code amendments creating a diversion program for those violating the City’s camping regulations; and BE IT FURTHER RESOLVED, the City Council requests that staff return with implementation, operational and funding plans for its further consideration. [i] The High Price of Using Justice Fines and Fees to Fund Government in New York [ii] Diversion Programs Explained [iii] Diversion Programs Explained [iv] Diversion Programs Explained [v] Diversion to Treatment [vi] Diversion Programs Explained [vii] Diversion Programs Explained