Barbara Cannady for Burns Times-Herald

As we announced in May, the Oregon experiment with open drug use failed and ended on Sept. 1, 2024. The time between Legislative action and implementation of a roll-back gave law enforcement time to receive guidance on types of implementation the new rules might allow through a Deflection Program.

Each county has been given a degree of latitude in developing plans as to how their law enforcement agencies can maximize the effectiveness of their resources. Burns Police Chief, Steven Macartney is anticipating positive outcomes with the direction he sees our local agencies moving towards. Every law enforcement agency is now coordinating with the District Attorney and Symmetry Care to provide opportunity points for offenders to make better decisions for their futures.   

For example, possession of less than two grams of any illegal drug is now an unclassified misdemeanor. Marijuana is considered legal as outlets are licensed by the State.  Under the new plan, offenders will be given a citation to appear before Circuit Court in sixty days. Sixty days allows a window of time to get treatment. After evaluation with Symmetry Care, an offender will be given benchmarks and timetables that they will have to meet.  Accomplishing those benchmarks will mean their citation will remain “not a crime” and will not be prosecuted. Again, the goal is to provide opportunities and motivation to make better decisions and stay out of the criminal system.

To avoid criminal charges, the individual needs a 75 percent compliance rate of staying out of trouble and/or in treatment. That means a minimum of attendance to treatment within 68 days. If not successful, by relapse or if the individual quits trying, the offender will have to appear in Circuit Court if charged. If convicted, they could go on probation (have to report to probation officer) or could go to jail.

One of the many downsides of a criminal conviction includes loss of insurance. Treatment costs can be covered through private or Oregon Health Plan insurance. Once in jail, inmates lose Oregon Health Plan treatment and pain management benefits. Treatment facilities like Symmetry Care are a business and do not take “clients” without an ability to pay. 

Macartney cautions that his optimism is for working with local offenders. Transients will probably need to return to their home towns to receive the best treatment for them.

District Attorney, Ryan Hughes, told the County Court on Septe. 3, that the deflection approach will potentially save costs by avoiding the criminal track.  Funding for the Deflection Program is flowing through the DA’s office, but deflection is trying to keep the individual out of the DA’s office’s traditional process.  

“The public may not realize how much low level crimes are costing the tax payer,” Hughes said. “When public defense hits, costs increase.”  

Hughes stated that success for the new program hinges on collaboration between law enforcement and the DA’s office, with clear benchmarks and hard timetables. While the program will increase the DA’s office workload, Hughes is cautious about becoming dependent on external funds.  The current Deflection Program is only funded through June 2025.   

Hughes’ aspiration is to create a program that could serve as a template for other counties with similar demographics as Harney County. He expects the State to evaluate the participating county programs and narrow the selection of program activities. Since every community is different, Hughes hopes to avoid the cookie cutter approach that might leave rural areas with programs that simply will not work here.  

Part of that program is providing better communication between law enforcement and middle school through high school students. Deputy Sheriff, Cody Rusow will be filling that role by providing special instruction days, as invited by the schools.

Deputy Rusow prefers talking with students in small groups about the dangers of drugs, potential outcomes and effects on families. Depending on the group, emphasis may be on types of drugs and how little is lethal. Deputy Rusow is very aware that the current Deflection Program is an alternative experiment to traditional methods that have not had positive outcomes.  “If this experiment does not work, law enforcement will need to try something else,” Rusow stated. Failure is not an option.