District Attorney

Clackamas County has enacted a deflection program for people who use drugs to “deflect” away from the criminal justice system and into a treatment program. The goal of the deflection program is to prevent a person’s entry into the criminal justice system. Programs like this can make a significant, positive impact in the lives of people who may experience interactions with the criminal justice system.

Clackamas County strives for a safe, healthy, and secure community that prioritizes a recovery-oriented system of care.

How Will All of This Work?

When a person with drugs is identified by police, the officer now has the ability to refer the person to deflection program, which will be discussed before or when they appear for community court. Those receiving the referral from law enforcement will not be charged with a crime if they are eligible and willing to participate in the deflection program. The Clackamas County District Attorney’s Office then determines whether or not that person is eligible for the deflection program after reviewing the police report, the defendant's prior criminal history, and their current involvement with relevant county and non-profit partners.

If a person is eligible for deflection, a program navigator will attempt to contact them before their community court appearance date to offer deflection and, if the offer is accepted, to connect them to the appropriate resources and partners.

If a person is unsuccessful with deflection, or is not offered deflection, they will have an opportunity to enter a conditional discharge process. This will be done through community court. The person's decision to enter a conditional discharge will only be done after consulting with counsel. The conditional discharge process is expected to last 120 days although the court can set a longer term. If successful, the case will be dismissed. The terms of the conditional discharge will be specifically defined in the court's order at time of entry into conditional discharge. Someone who rejects either deflection or conditional discharge will be able to have their case set in Clackamas County Circuit Court for trial or resolution.

Those who fail their conditional discharge process or elect to try their case in circuit court and are convicted will be subject to a formal probation of 18 months monitored by community court and supervised by community corrections.