THURSDAY, AUG. 31 UPDATE:
On Thursday, Aug. 31, the Multnomah County Board of Commissioners unanimously approved $6.3 million in contingency funding to address a shortfall in state allocations for key public safety personnel and services.
The funding will help backfill:
- 219 jail beds
- 18 full-time employees from the Department of Community Justice parole, probation and supervision.
- 19 full-time employees from the Multnomah County Sheriff's Office (MCSO)
The contingency funding is a one-time-only solution that will temporarily cover a statewide shortfall in Community Corrections funds provided by Senate Bill 1145. Senate Bill 1145 reimburses counties for the cost of supervising felony offenders, along with providing funds to support treatment, services, and alternative programs aimed at reducing recidivism.
That funding for Multnomah County has substantially decreased in recent years. And even with the approved contingency funding, Multnomah County won’t be able to fully address the state's $9.9 million shortfall for the 2023-2025 biennium.
Commissioner Julia Brim-Edwards Thursday proposed an amendment that would provide $997,000 in additional one-time-only contingency funding to restore five positions and other contracted services that the County's Department of Community Justice (DCJ) also identified for reduction. However, Department of Community Justice Director Erika Preuitt informed the Board that the Department of Community Justice is working with their contingency proposal recommendations to ensure that they have the room to meet the critical needs of the people on their caseloads.
"That is our proposal based on the contingency that has been offered and if it weren’t the case, you would see those positions in our original request,” she said.
While the Board voted against the proposed amendment 3-2, it voted 4-1 to approve a separate amendment from Commissioner Sharon Meieran that earmarks $327,000 in County General Fund contingency for two Department of Community Justice positions in the event those positions are not funded through state Justice Reinvestment grant funding later this year.
Tuesday, August 22
For the second time in four years, the Multnomah County Board of Commissioners was briefed on the impacts that “chronic” public safety underfunding makes on public safety positions, programs and jail beds in the state’s most populous county.
This time, for the 2023-2025 biennium, the County is facing a reduction of approximately $9.9 million in funding from the state's Community Corrections Fund. The reduction is part of persistent funding reductions at the state that have only worsened over the past six years.
Without action from the Board to rebalance and offset the shortfalls, presenters warned during the Tuesday, Aug. 22 meeting, the cuts could potentially translate into reductions of key public safety personnel and services, including:
- More than 20 full-time Department of Community Justice employees.
- 19 full-time Multnomah County Sheriff’s Office (MCSO) employees.
- 219 jail beds.
The changes could potentially even lead to emergency jail population releases, according to the Sheriff's Office.
“This is a really important topic for us as a board to be talking about,” said Chair Jessica Vega Pederson who opened Tuesday’s board briefing.
In anticipation of a funding reduction, Chair Jessica Vega Pederson and the board set aside contingency funds in the Fiscal Year 2024 budget to mitigate some of the largest potential impacts this fiscal year.
The board is slated to vote on whether to allocate just over $6.3 million in contingency funds at its regularly scheduled board meeting Thursday, August 31.
However, that contingency is only a temporary solution for this fiscal year. It is not sufficient to fully address the state’s shortfall over the biennium.
“If we don’t get the state to step up and provide additional funding, we’ll be having the same conversation next fiscal year and be forced to make tough decisions about jail beds, deputy patrol and probation staffing,” said Vega Pederson.
“I know this is something that also impacts other counties, not just here in Multnomah.”
Representatives from Multnomah County’s Office of Government Relations, Department of Community Justice, Multnomah County Sheriff’s Office and the Local Public Safety Coordinating Council, as well as from Mayor Ted Wheeler’s office, all spoke before the board to outline the potential consequences of the funding gap.
Speakers stressed the need to fully fund the actual costs to supervise and house a dynamic population that displays some of the highest risks, highest needs and highest behavioral health acuity levels in the state.
Over the years, there have been several legislative measures that were supposed to address funding for community corrections. However, these measures have not been fully funded, leading to a growing gap between the actual costs of providing services and the funding provided by the state, said Jeston Black, director of Government Relations.
“For those of you that were here four years ago, you’ve heard this presentation before because this is a chronic problem we have," said Black.
“This is also a situation where chronic underfunding has intersected with a drastic change in population, which has compounded the problem.”
History of Community Corrections Funding
In 1995, the Oregon State Legislature passed Senate Bill 1145, redefining the relationship between the State of Oregon and counties in matters concerning community corrections. Under the bill, counties assumed the community supervision for all parole, probation and post-prison supervision felons, as well as assuming the responsibility to house locally any felon sentenced to a period of incarceration for a year or less. In return, the state granted funds to counties for the average cost of supervising felony offenders and provided assistance in paying for treatment and alternative programs.
Then in 2009, the Legislature passed Senate Bill 100. Gov. John Kitzhaber mandated that the state’s Department of Corrections determine the actual costs of providing management, support services, supervision and sanctions for justice-involved persons every six years.
It's called a cost study and it outlines the expected cost for local community corrections to carry out this supervision work, said Black.
While the study has been conducted every six years as mandated, it has never been fully funded during any of those times, which has widened the gap between the costs counties bear for providing these services and the resources provided by the state, said Black.
House Bill 3194, passed in 2013, made modest sentencing changes and established the Justice Reinvestment Grant Program to help control the state's prison population.
"That required counties to take on additional responsibilities in order to reduce the prison population," said Black. "But you cannot effectively implement the provisions of House Bill 3194 without adequately funding Senate Bill 1145."
Finally, in 2020, Oregon voters passed Measure 110, reclassifying possession and penalties for certain drugs. It decriminalized lower-level drug possession, resulting in a shift in the supervision of individuals in Multnomah County. Lower-level offenders were removed from the system while higher-acuity, justice-involved persons remained under supervision.
But the funding has simply not kept pace.
In the 2017-2019 biennium, the state allocated $273 million statewide for community corrections. However, a cost study conducted in 2018 revealed a gap of $50 million between the budget adopted by the Legislature and the actual cost of providing services, Black explained.
"We brought this information to the 2019 session and advocated for an increase, but unfortunately, the Legislature did not adopt it," Black stated.
As a result, in 2019, Multnomah County tapped contingency funds to cover the shortfall.
The situation worsened in the 2020 legislative session due to a walkout and the limited number of bills passed, exacerbating the funding delta, said Black.
The Legislature’s decision to increase the base funding by $30 million was still insufficient to address the two years of growth and increased expenses.
Fast forward to 2023, community corrections still remain chronically underfunded.
The Legislature continues to use an outdated formula to allocate funding, which fails to reflect the population counties serve, said Black.
As a result, he noted, Multnomah County is actually facing a drop of roughly $10 million in funding between the 2021-2023 and 2023-2025 bienniums — a significant shortfall that can have real consequences for public safety and the County's ability to provide essential services.
Parole and Probation
Jay Scroggin, director for Multnomah County’s Department of Community Justice Adult Services Division, described how uncertain and insufficient funding impacts parole, probation, caseloads and other related services.
Scroggin offered a reminder of how much has changed since 1995. The severity of mental illness, houselessness and illicit drugs, as well as the time and investment that goes into supervising individuals today, is far greater than it was when SB 1145 was passed.
Furthermore, 2003 legislation required parole and probation to conduct assessments and create a case plan for everyone who was sentenced, Scroggin said.
In the past, Multnomah County parole and probation officers would meet with someone for a shorter period of time. But since the County began using the Effective Practices in Community Supervision (EPICS) model — a skill-based approach to meeting people where they are — the officers have increased the time they spend helping their clients address trauma and build positive behavior.
“Based on evidence-based practices and state mandates, we believe that lower caseloads are necessary to properly assess, create case plans and manage individuals,” Scroggin said.
Multnomah County has also prioritized focusing on the highest-risk individuals, who also have the highest acuity levels. "The more complex the issues, the more time and energy it takes, requiring personnel and services," Scroggin explained.
To address the deficit, the Adult Services Division has proposed the reduction of over 20 positions, including parole and probation officers, support staff, community works leaders, correction technicians, two managers, corrections counselors and a digital forensics examiner.
“These cuts have a significant impact on the front-end, middle and jail operations,” Scroggin said. “They affect our ability to support individuals reintegrating into the community from incarceration, manage specialty caseloads and sizes, and maintain the hearings officer position responsible for providing hearings and notice of rights in the Justice Center.”
The cuts also directly affect the division’s partnership with the Sheriff's Office and have implications for jail operations.
Scroggin requested the restoration of 18 positions and the housing portion of the Treatment Services Unit through contingency funds.
Multnomah County Sheriff’s Office
Sheriff Nicole Morrisey O’Donnell reiterated the importance of state dollars for the management of local detention and other Sheriff’s Office functions. That includes the Close Street Supervision program that oversees a small population of SB1145 pretrial defendants.
“The services have fluctuated over time due to funding," Morrisey O’Donnell explained. However, at a minimum, they offer educational groups and community resources.
In collaboration with the Department of Community Justice and Volunteers of America, the Sheriff’s Office also runs a Treatment Readiness Program funded by grants from the Justice Reinvestment program.
Similar to the Department of Community Justice, the Sheriff’s Office has experienced reductions in state funding over the years.
Morrisey O’Donnell emphasized that without intervention from the Board to allocate resources from the County General Fund and one-time contingency funds, services would be reduced.
Stephen Reardon, Chief Deputy of Corrections for the Sheriff’s Office also spoke before the board. Reardon said the state reduction amounts to $3.4 million, which translates to a loss of 219 jail beds and the personnel necessary to staff them.
This shortfall would affect approximately 16 corrections deputy positions, two corrections counselors and one records technician, ultimately resulting in a maximum total jail capacity of 911 beds.
Reardon presented a graph showing the average daily population over the past few years, indicating instances when the jail population approached 95% capacity.
“Although we have remained below the high population averages before COVID-19, we are now trending upward,” Reardon noted.
A reduction of this magnitude, if left unaddressed, would trigger an immediate population emergency within the Multnomah County Corrections system, and would necessitate the development of an updated capacity management plan by MCSO and the Board.
“We may need to enforce limitations on booking criteria, implement closed booking, release sentenced individuals and request partner agencies to reduce their populations,” he added.
“We would assess additional risks to the community or victims, consider health needs and evaluate other County holds that prevent release."
Fortunately, the Central Budget Office and Board of County Commissioners have set aside $3 million to cover the shortfall, avoiding an immediate jail capacity crisis, speakers said.
However, the allocation does not include funding for the professional staff responsible for providing services to individuals in custody, which includes vulnerable and high-risk people with complex needs related to mental health, addiction, and chronic medical conditions.
Stagnant funding from House Bill 3194 has impacted MCSO operations, particularly the Treatment Readiness Dorm, where Volunteers of America can now only provide two counselors.
Reardon stressed the need to restore educational and therapeutic programs for adults in custody to pre-pandemic levels. Behavioral challenges increase when alternative outlets for anxiety and frustration are unavailable.
“It is crucial and challenging work to connect these populations to supportive resources, given the high rates of substance abuse disorders and homelessness.”
Justice Reinvestment
Abbey Stamp, executive director of Multnomah County’s Local Public Safety Coordinating Council (LPSCC), explained the impact of Senate Bill 1145 on the small office as well as the County’s Justice Reinvestment program.
In 1995, the passage of Senate Bill 1145 established a Local Public Safety Coordinating Council in each of Oregon’s 36 counties for the express purpose of “coordinat[ing] local criminal justice policy among affected criminal justice entities.”
The LPSCC office receives less than 1% of the community corrections funds from SB 1145, but the funding is crucial for operations. “That is our core funding and it keeps our office up and running,” Stamp said.
Furthermore, when funding for Senate Bill 1145 decreases, “Justice Reinvestment funding also decreases by the same amount,” said Stamp.
The Justice Reinvestment Program allocates funding to counties for the development and expansion of initiatives that assess individuals and offer a range of community-based sanctions, services, and programs. The goal is to decrease recidivism rates and the use of state prisons, while still ensuring public safety and holding individuals accountable.
Overall, the County's percentage of funding from House Bill 3194 has decreased significantly over the last decade resulting in an allocation of $7.3 million this biennium.
This funding allows the County to provide intensive wraparound services, as well as staff, lawyers, and probation officers who conduct pretrial risk and needs assessments to inform sentencing decisions.
The money also props up the Sheriff’s Office’s Treatment Readiness Dorm that prepares individuals for release and engagement in treatment. And it allocates 10% for victim service providers, which is managed by the LPSCC office.
These providers suffer when funding is reduced.
The funding reductions have forced the County to make adjustments such as reducing contracts and the number of people eligible for the program. The formula reduction, which allocates both community corrections and justice reinvestment funds, is a double blow to the county and its ability to meaningfully serve and supervise justice-involved individuals, said Stamp.
In September, the County plans to participate in a competitive grant process through House Bill 3078 to request additional resources, such as a data analyst, a social worker, a case manager, law enforcement support for probation officers, a district attorney, and an additional 10% for victim services.
But Stamp emphasized that the funding is not guaranteed.
“The whole pot for the state is $7.2 million and we don’t know how many counties are going to compete.”
Support from City of Portland
Stephanie Howard, the Director of Community Safety for Portland Mayor Ted Wheeler, concluded the presentation by emphasizing the “outdated lens” of Senate Bill 1145.
The mayor, she said, is fully committed to supporting and advocating for the County in order to address these impacts.
"I know that I am not the only one in this group who regularly interacts with organizations desperate to improve public safety in Portland,” Howard said. “I also know that I am not alone in my sincere commitment to addressing these concerns in a meaningful way, despite limited resources."
But the reduction in resources created by the downstream effects of SB1145 poses an untenable risk to public safety and our accountability systems, she said.
Howard thanked Chair Vega Pederson and board members for their efforts in maintaining temporary funding and avoiding “catastrophic consequences in the short term.”
“It is the responsibility of the City and County to ensure the safety of the communities we serve,” she said. “Part of that duty also involves ensuring the safety and well-being of the individuals in our custody.
The mayor and the City of Portland are standing by your side as partners and advocates, committed to fulfilling the promise of safety for our entire community, she said.
“We eagerly anticipate supporting efforts to align state funding with the reality of our available resources.”
Commissioners Respond
"It really is reaching a breaking point for our community, our departments, and our frontline staff," said Commissioner Sharon Meieran.
"We are facing an unprecedented scale of crises at the intersection of public safety, homelessness, and behavioral health. Instead of disinvesting, we need to move in the opposite direction and work in partnership with the state to find solutions," she added.
Meieran and Commissioner Susheela Jayapal raised concerns about the capacity of jail beds in Multnomah County’s jail system.
Losing 219 jail beds is a frightening figure, said Meieran, “Could you please provide information on the current number of filled beds and our overall capacity? How does this relate to the existing vacant positions?"
“This funding solely supports jail beds and the support services that Chief Deputy Reardon spoke about," said Sheriff Morrisey O’Donnell, and that includes corrections deputies and sergeants to manage the jail population as well as counselors and corrections technicians to support that population.
The costs have risen and the funding structure has not accommodated for that, nor does it take into account the more acute population with mental health, addiction needs or the length of stay varying from 100 to 200 days, said the Sheriff.
The regular medical services, they may not have been able to access during the pandemic, we’re seeing more in our facilities, said the Sheriff.
Ultimately, the issue boils down to the availability of jail beds and the necessary services to operate them, she explained. “Even with a reduction in vacant positions, there are still individuals coming into custody.”
To continue accommodating those in custody, including those under SB 1145, additional revocations, or sanctions, we must ensure the availability of jail beds, the Sheriff emphasized.
Advocacy is needed to reevaluate how the funding formula is calculated, said Black.
“It is important to consider factors such as high-cost, medium-cost, low-cost, and new individuals and how these numbers are factored into the total population entering the system,” said Black.
“The current approach averages these factors and multiplies them by the number of people, without accounting for changes in population.”
"From my point of view, it is precisely the wrong time for the state to continue underfunding community corrections,” said Commissioner Julia Brim-Edwards.
Brim-Edwards specifically highlighted the significant differences in reported crimes across District 3 in the first quarter of 2023, with heavily impacted neighborhoods and concerns regarding neighborhood safety.
Moving contingency funding over is necessary to safeguard the regional public safety system. It’s a one-time funding restoration, leaving them in a precarious position in the mid-term and long-term, she said.
Clearly, we are heading in the wrong direction, echoed Commissioner Lori Stegmann.
Whether it's constructing a health facility or the Burnside Bridge, we make forecasts that state the current cost. But we know expenses are expected to rise, she said.
“And that’s true of operating our jails.”
“We need our legislative partners to step up and fund us.”
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