The new order is directed at those arrested for the worst drug crimes, including selling fentanyl like these blue pills that were seized in a recent Multnomah County raid. (Courtesy of Multnomah County Sheriff’s Office)
A new order from Oregon’s chief justice calls for keeping people suspected of the most serious drug crimes in jail at least a few days longer, but it’s not expected to squeeze county jail space, at least not in Multnomah County.
Chief Justice Meagan Flynn issued an order last week that requires holding people suspected of the worst drug crimes in jail while awaiting arraignment. Previously people arrested for illegal drug dealing, illicit drug manufacturing or a drug crime involving a minor could have been released. This new designation puts them in the same category as others who have to be held pending arraignment before a judge, including those suspected of violent felonies, residential burglary, domestic crimes and possession of a firearm.
The idea is to keep them out of the community while awaiting a judicial decision on whether they can be released on bail.
According to a news release, Flynn’s change stems from the passage this legislative session of House Bill 4002, which recriminalized drug possession and tightened the law on drug dealing to include possession with the intent of selling and dealing near a park, treatment facility or residential facility. The new law also required Flynn to update pretrial release criteria.
“This order allows more people charged with drug crimes that pose the greatest risk to public health and safety to be held until a judge determines whether they can be released with conditions to ensure public safety and future court appearances,” Flynn said in a statement.
The order will not affect people caught with drugs for their own use, Phil Lemman, deputy state court administrator, told the Capital Chronicle.
“We’re focusing strictly on delivery,” Lemman said.
He also noted that the order gives local jurisdictions flexibility to write their own judicial orders, potentially further tightening who will be held until arraignment. At that time, a judge decides whether they should be held or released on bail if they aren’t considered to pose a safety threat to the community.
Lemman said he doesn’t expect the order to lead to crowding in jails, and Liz Merah, spokesperson for the Multnomah County District Attorney’s Office, agreed.
“The drug delivery crimes that we most commonly see referred to us for prosecution are not the ones identified in this order for remaining in custody pending arraignment,” Merah said.
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