Politics

Multnomah County sheriff agrees to jail people under Portland camping policy, for now

By Alex Zielinski (OPB)
PORTLAND, Ore. Aug. 20, 2024 7:21 p.m. Updated: Aug. 20, 2024 10:50 p.m.
FILE - A notice of an illegal campsite is posted near a group of tents in downtown Portland, Ore., May 20, 2022.

FILE - A notice of an illegal campsite is posted near a group of tents in downtown Portland, Ore., May 20, 2022.

Kristyna Wentz-Graff / OPB

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In a reversal, Multnomah County Sheriff Nicole Morrisey O’Donnell has agreed to start booking people into jail who have been charged with violating Portland’s anti-camping policy — at least, until mid-December.

Morrisey O’Donnell and Mayor Ted Wheeler issued a joint statement Tuesday, announcing that the sheriff’s office has agreed to book people into the county jail on this violation for the next 120 days. Morrisey O’Donnell will analyze the process over that period to “determine if this approach is effective and sustainable,” according to the statement.

“It’s an opportunity also to identify any gaps in service,” Morrisey O’Donnell told OPB in an interview following the announcement. “We want to make sure that we’re providing someone the best path forward.”

This decision comes after Morrisey O’Donnell announced in late July that she would not allow the jail to be used to penalize people who violate the city’s new policy, which restricts where unhoused people can camp outside. Under the ordinance, if a person violating the policy refuses to accept shelter, they can face arrest or a fine.

“Arresting and booking our way out of the housing crisis is not a constructive solution,” Morrisey O’Donnell said at the time. She also said that the city hadn’t followed the correct steps to ensure that the county jail would have the capacity and staffing needed to book people who violate city ordinances — which is highly unusual. Under state law, Multnomah County isn’t expected to book or jail people for violating city ordinances, only felony or misdemeanor offenses.

The sheriff’s announcement came as a surprise to Wheeler, who introduced the camping ordinance this May. He said he had met with Morrisey O’Donnell several times about the new policy, and didn’t believe he needed to take any additional steps. Morrisey O’Donnell, for her part, said she had “little to no communication” with the city about how the policy was going to be enforced beforehand.

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Despite their disagreements, both officials pledged to reach some kind of compromise in the coming weeks.

The resulting agreement grants police permission to drop people off at the Multnomah County Jail to be booked if they violate the camping ordinance, at least for the next 120 days.

The booking process includes collecting personal information from a suspect and taking their fingerprints and mugshot, effectively creating a record of their arrest in the county’s criminal justice system. The county then determines if the person arrested can be released until their trial date is set, based on their potential threat to the public. It’s not anticipated that people charged for violating the city’s camping rules will be held in jail.

Morrisey O’Donnell said she understands how the threat of jail time can nudge people experiencing homelessness to make a change.

“I acknowledge that there can be an environment where an individual may have a point of clarity,” she said. “Removing an individual from a specific situation where we can offer additional intervention opportunities may be more successful.”

The agreement between the sheriff and mayor goes beyond just a 120-day trial run.

Under the city ordinance, the city is required to offer shelter to people who violate the policy before threatening arrest. The sheriff’s office has ensured that there’s another opportunity to connect those arrested with services. Now, people who are arrested will also be offered shelter and other services after they are booked at the county jail. If they express interest in those services, the mayor’s office said it would be “open to dismissing the charge” at that point.

“This solution aligns with our shared goal of ending unsheltered homeless in Portland in a compassionate and effective way,” Wheeler said in a statement emailed to OPB. “Arrest and booking brings accountability for the small number of people who decline to follow the law despite repeated outreach and resource referrals.”

The city first began enforcing the new camping policy on July 26. Since then, police have given citations — which could result in a fine — to six people accused of violating the ordinance.

The 120-day evaluation period ends in the middle of December, just weeks before a brand new City Council and mayor will take office in Portland — and a new district attorney takes over. Wheeler is not seeking reelection. Morrisey O’Donnell’s term as sheriff ends in 2026.

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