State Weighs Holding Accused Dealers in Jail More Often

The Oregon Judicial Department is facing pressure from legislators to address the problem of repeat offenders.

For much of 2023, fentanyl use was widespread in front of former KeyBank branch, SW 5th Ave. and SW Washington St., in downtown Portland. (Brian Burk)
By Lucas Manfield

The Oregon Judicial Department is weighing a new statewide policy that would require holding alleged drug dealers in jail prior to arraignment in more circumstances.

The current policy, created in the wake of a 2021 bail reform bill, limits when criminal defendants can be held in jail prior to their initial court appearance. As WW reported last year, some charged dealers as a result of the policy routinely emerge from lockup to ply their trade again within hours (“License to Deal,” WW, June 28, 2023).

The bail policy was updated last year to require the holding of people accused of first-degree bias crimes. Now, policymakers are weighing more punitive actions against alleged drug dealers, too.

Two advisory committees have discussed options in the past month, OJD spokesman Todd Sprague says. “The cases of highest concern involve delivery or manufacture of substantial quantities, firearms, criminal history, and risk of failure to appear,” he says.

Officials are currently working on a written proposal to be sent to Chief Justice Meagan Flynn, who will make the final decision.

OJD is facing pressure from legislators to address the problem of repeat offenders as lawmakers consider overhauling Measure 110, which decriminalized possession of small amounts of illicit drugs.

“We’ve asked the courts to reexamine their pre-hold detention policy so people who sell drugs can be held in jail and seen before a judge before they are released,” Rep. Jason Kropf (D-Bend) said Jan. 23.

OJD was already working on the idea at the time, Sprague says.

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