Multnomah County Sheriff allows jail time for camping violations in Portland

Portland, Oregon — After surprising the mayor and Portland police by refusing to issue citations to the city's first offender arrested for violating its camping ordinance, Multnomah County Sheriff Nicole Morrisey O'Donnell has now reversed course and announced that she would allow citations for ordinance violations under certain conditions.

The announcement was made Tuesday in a joint statement from the office of Morrisey O'Donnell and Portland Mayor Ted Wheeler.

“On Monday afternoon, Multnomah County Sheriff Nicole Morrisey O'Donnell and Portland Mayor Ted Wheeler met to discuss strategies for dealing with individuals who violate the City of Portland's Time, Place and Manners (TPM) Ordinance,” the statement said. “Both leaders believe that referral to services and housing is the best strategy to address homelessness in Portland. They also recognize that the correctional system can provide additional intervention opportunities for individuals who repeatedly refuse outreach services.”

Previously, at the end of July, the sheriff had publicly declared her opposition to arrests for violations of the camping ban.

“As sheriff, my priority is to hold people who break the law accountable and meet the public's expectations for public safety. As an elected official entrusted with managing the jail, I believe we must use the correctional system as a place for people who pose a real danger to the public, and that does not include individuals whose only offense is living without shelter,” Morrisy O'Donnel said in a July 30 written statement.

The sheriff also told reporters that neither PPB nor Wheeler had asked her to lift a restriction that prohibits the jail from booking for violations of city ordinances. The restriction had already been lifted for other types of violations, but Morrisey O'Donnell noted that exceptions would have to be made on an individual violation basis.

Wheeler and Morrisey O'Donnell's statement on Tuesday said people arrested for “Time Place and Manner” will be issued summons “once a coordinated process has been developed to ensure the individual is offered housing services and resources prior to release.”

Morrisey O'Donnell, Wheeler and Portland Police Chief Bob Day all declined interview requests and did not provide further details on what the coordination efforts would look like or when bookings might begin.

“The Sheriff’s Office will analyze and evaluate data over the next 120 days to determine if this approach is effective and sustainable,” the press release said.

According to the press release, the jail will search a person after they are arrested, verify their identity and record their charges. A judge will then decide whether to release the person or hold them in custody pending arraignment.

According to the press release, a representative from the sheriff's office will also meet with the person and “re-offer them housing and services through the Street Services Coordination Center (SSCC).”

If the person accepts the services, the officer coordinates the provision of those services after release.

Written statement from Sheriff Morrisey O'Donnell.

“As Sheriff, public safety is my primary responsibility. I respect the City Council's decision to increase enforcement on quality of life issues and am committed to working together to find solutions that consider the broader context of homelessness and public safety. This temporary intervention, reserved for repeat offenders, is intended to strike a balance between accountability and addressing the challenges facing our community while creating pathways out of homelessness.”

Written statement from Mayor Wheeler:

“This solution is consistent with our shared goal of ending homelessness in Portland in a compassionate and effective way. Arrest and registration will hold accountable the small number of people who refuse to comply with the law despite repeated education and outreach,” said Mayor Wheeler. “I look forward to continuing to innovate and collaboratively find solutions to meet the public safety needs of our entire community.”

We have also reached out to Portland City Councillors for comment.

Statement by Commissioner Carment Rubio.

“I am pleased to see increased cooperation between the city and the county. Earlier this year, I proposed repealing and replacing the original camping ban that the courts had put on hold – and worked with the mayor's office to find a humane and legally defensible camping policy.

“I reached out to the Sheriff to understand her position and let her know that I am committed to being a true partner and moving forward together. I then suggested to the Mayor's office that they give the Sheriff another opportunity to offer services again during the booking process.

“Individuals should be held accountable for crimes, but Portland residents want compassionate accountability – in the form of real treatment options for addiction and mental illness, adequate shelters and day centers, and a clearly defined shelter and housing strategy. It is important that any camping policy involves all system partners – including shelters, law enforcement, and professionals – and that no one goes to jail solely for being homeless.”

Statement by Commissioner Mingus Mapps.

“I am grateful that the Mayor and Sheriff have agreed on a process that enforces city ordinances while prioritizing providing vulnerable Portlanders with needed services. It is imperative that local leaders can work together effectively to address the pressing quality of life issues facing our street.”