Police & Carceral System Divestments
State Of Oregon
Ban the use of breathing restrictions
Ban chokeholds outright and the use of any respiratory restrictions. This was accomplished in the 2020 First Special Session in HB 4203. The Joint Committee will be looking at other standards for round 2 in the 2020 Second Special Session.
Prognosis: Done, looking toward round two
Timeline: 2020 Special Sessions
Legislative Leads: The People of Color Caucus & Joint Interim Committee on Transparent Policing and Use of Force Reform
Mandate a duty to report and duty to intervene
Mandate that police who use excessive force and/or witness excessive force must report. If an officer sees an excessive use of force, they will be mandated to intervene and de-escalate.
Prognosis: Done, looking toward round two in second special session or 2021 legislative session
Timeline: 2020 Special Sessions
Legislative Leads: The People of Color Caucus
Disclose disciplinary records to the public
Make officer disciplinary records available to the public. In the 2020 First Special Session, the legislature passed House Bill 4207 that created a Department of Public Safety Standards and Training (DPSST) database/transparency of officers adjudicated. A committee is looking at another round of edits for future sessions. The Governor of Oregon is considering a DPSST taskforce for further work.
Prognosis: Done, looking toward round two in second special session or 2021 legislative session
Timeline: 2020 Special Sessions
Legislative Leads: Joint Interim Committee on Transparent Policing and Use of Force Reform
Prohibit arbitration from lessening disciplinary action
Arbitration has often been used a tool to avoid public accountability and lessen disciplinary action for police officers. In the 2020 First Special Session Senate Bill 1605 ended the ability of arbitration to lessen disciplinary action with a commitment to further strengthening standards of review in coming sessions.
Prognosis: Done, looking toward round two in second special session or 2021 legislative session
Timeline: 2020 Special Sessions
Legislative Leads: The People of Color Caucus
Decriminalize fare evasion in public transportation
Decriminalize fare evasion by removing it as a misdemeanor and funding public services.
Prognosis: Likely to happen
Timeline: 2021 Legislative Session
Legislative Leads: Needs to be identified
Prohibit use of fare evasion as a means for a warrant search
No longer should fare evasion be a means for transit police to engage a warrant search on individuals.
Prognosis: Likely to happen
Timeline: 2021 Legislative Session
Legislative Leads: Needs to be identified
Ban the receipt of militarized equipment
Ban local police departments from receiving military surplus equipment through the federal 1033 program (or restrict the types of equipment that can be accepted)
Prognosis: In discussion
Timeline: 2021 Legislative Session
Legislative Leads: Representative Julie Fahey and Represenative Karin Power
Reconsider personnel public records requests
Public records exemptions that prevent release of personnel discipline action exemption (ORS 192.345(12), applies to all public employees), “personal information about complainants and officers contained in profiling complaints” (ORS 131.925(3)b) and “Information about a personnel investigation of a public safety employee if no discipline results” (ORS 181A.830(3)).
Prognosis: In discussion
Timeline: 2021 Legislative Session
Legislative Leads: Shemia Fagan for 2021 assuming election; Joint Interim Comm on Transparent Policing and Use of Force Reform
Consider the laws that allow expunction without costs
Consider the laws that allow expungement without costs if there's been a period of "x" years without analogous convictions
Prognosis: In discussion
Timeline: 2021 Legislative Session
Legislative Leads: Needs to be identified
Eliminate qualified immunity
Eliminate qualified immunity for officers for civil processes
Prognosis: In research
Timeline: 2021 Legislative Session
Legislative Leads: Joint Interim Comm on Transparent Policing and Use of Force Reform
Metro Regional Government
Encourage jurisdictions within Metro to defund from transit police
Reach out to smaller cities who do work with TriMet in their police force. Multi-jurisdictional effort - City of PDX suggesting multi-jurisdictional coordination, using levers for transportation investments
Prognosis: Will happen
Timeline: Fiscal Year 2022 Budget
Legislative Leads: Councilor Christine Lewis
Support decriminalizing fare evasion with Metro’s funding pressure levers
Metro contributes quite of bit of money in planning and other support programs. As such, Metro presents a unique opportunity to require the decriminalization of fare evasion which has unfairly targeted Black and Brown bodies. Add this topic to Metro’s state legislative agenda.
Prognosis: Likely to happen
Timeline: 2021 Legislative Session
Legislative Leads: President Lynn Peterson
Multnomah County
Defund $50 million from the Multnomah County Sheriff’s Office
The Board of County Commissioners made its first action to divest from the Multnomah County Sheriff's Office (MCSO) in June 2020 by adopting an FY 2021 budget that decreased its funding by $1.8 million. That resulted in the closure of one jail dorm, and those dollars are currently reinvested in programs that support diversion, re-entry and repairing the harm of jail system involvement.
The County is also working on a long-term visioning effort to reimagine the criminal legal system, known as Transforming Justice. Its goal is to both reduce the footprint of the current system and grow supports such as treatment and housing, while leading with race throughout the process.
Prognosis: In Progress/Discussion
Timeline: 30 - 90 days
Legislative Leads: Multiple Commissioners
Defund East Multnomah Juvenile Gang Enforcement Team
The State Legislature removed funding in the summer of 2020
Prognosis: Done
Timeline: Unresponsive
Legislative Leads: Unresponsive
Duty to intervene protocol to stop excessive force
From Multnomah County, “Budget notes regarding sheriff's operations, investigate, ask for a report - needs to be at the state level and county level; we are analyzing use of force training goals, deliverables, trauma, bias...etc. Further review set for August 2020”
Prognosis: Done
Timeline: 30 - 90 days
Legislative Leads: Multiple Commissioners
Eliminate investment in and/or resource commitment to transit/Trimet policing program
From Multnomah County, “TriMet is putting together Blue Ribbon Committee to re-examine the transit security program. Currently, plans are to hold 4 meetings fall of 2020.”
Prognosis: In discussion
Timeline: Unresponsive
Legislative Leads: Unresponsive
Clackamas County
Duty to intervene protocol to stop excessive force
We asked Clackamas County to support the state’s legislative efforts to establish this boundary and to use the pressure levers they have with funding the Clackamas County Sheriff’s office to encourage the same.
Prognosis: Done
Timeline: 30-90 days
Legislative Leads: Sheriff Bradenburg
Work with State Legislature to change state law such that counties can have more local control of sheriff budgets
A barrier identified in these policy negotiations was that once money had left the counties to county sheriff’s much of the control for spending and priorities was handed over to the sheriffs. This brought about a robust discussion of the purpose and process of county sheriff oversight that led to recommendations that the State legislature change the laws that could allow for more local control of county sheriff budgets to identify and execute priorities.
Prognosis: Likely to happen
Timeline: Unknown
Legislative Leads: Clackamas County Chair Jim Bernard
Cut $2 million from Clackamas County Sheriff’s office.
While the County is not divesting from Clackamas County Sheriff. There are a couple of workgroups that working on potential alternative safety methods. There is the Local Public Safety Committee and a new multi-disciplinary team is forming from the DA’s office and involving various fields and communities that interface with public safety.
Prognosis: Not going to happen
Timeline: 30-90 days
Legislative Leads: Clackamas County Board of Commissioners
Work with State Legislature to change state law such that counties can have more local control of sheriff budgets
A barrier identified in these policy negotiations was that once money had left the counties to county sheriff’s much of the control for spending and priorities was handed over to the sheriffs. This brought about a robust discussion of the purpose and process of county sheriff oversight that led to recommendations that the State legislature change the laws that could allow for more local control of county sheriff budgets to identify and execute priorities.
Prognosis: Likely to happen
Timeline: Unknown
Legislative Leads: Clackamas County Chair Jim Bernard
Washington County
Defund Washington County Sheriff's office
From Washington County Commission, “Increase in sheriff's budget proposed to cover board worn cameras. Board is convening a 6-week community listening session to better understand this and other community needs”
Prognosis: Not going to happen
Timeline: Unknown
Legislative Leads: Unassigned
Duty to intervene protocol to stop excessive force
Prognosis: Done
Timeline: Unknown
Legislative Leads: Washington County Sheriff Garrett
Work with State Legislature to change state law so counties can have more local control of sheriff budgets
A barrier identified in these policy negotiations was that once money had left the counties to county sheriff’s much of the control for spending and priorities was handed over to the sheriffs. This brought about a robust discussion of the purpose and process of county sheriff oversight that led to recommendations that the State legislature change the laws that could allow for more local control of county sheriff budgets to identify and execute priorities.
Prognosis: Likely to happen
Timeline: 2020 Special Session(s)
Legislative Leads: Washington County Chair Kathryn Harrington
City of Portland
Ban the use of chokeholds; closing provision loophole of “life in danger”
In the Mayor's 19-point plan, language is much broader than chokeholds to include breathing restrictions. Chokeholds were banned in the 90s but a provision that if an officer felt their life was in danger, they could use them.
Prognosis: Likely to happen
Timeline: 30 - 90 days
Legislative Leads: Mayor Ted Wheeler
Establish a duty to report; duty to intervene
Make it mandatory that City of Portland officers are required to intervene when witnessing the use of excessive force. We asked this on a local level, knowing that cooperation would be required at the Oregon State Legislature.
Prognosis: In discussion
Timeline: Unknown
Legislative Leads: Unassigned