Problem
The problem addressed:
The study investigates the impact of the Treatment First (TxFirst) policy, a de-felonization initiative for drug possession charges (PCS) in Multnomah County, Oregon. This reform aimed to address the high rates of felony convictions for drug possession and their associated negative societal and criminal justice impacts.
General impact on the system/public:
- Four decades of punitive drug policies failed to reduce drug use or recidivism, disproportionately impacting marginalized communities.
- The Treatment First policy aims to reduce the negative consequences of felony convictions, offer better-aligned interventions, and improve public health and criminal justice outcomes.
Research Questions Answered:
- Has TxFirst influenced local law enforcement practices, particularly in PCS-related arrests?
- How has TxFirst changed prosecutorial decisions and case processing for PCS?
- To what extent has TxFirst increased the issuance of misdemeanor charges versus felony convictions for PCS?
Method and Analysis
Program Evaluated or Gaps Addressed:
- Evaluates Multnomah County's Treatment First policy, introduced in April 2017, which reclassified most PCS offenses from felonies to misdemeanors, offering treatment-based diversion programs as an alternative to traditional prosecution.
- Addresses gaps in understanding the effects of de-felonization policies on prosecutorial practices, police activity, and broader system outcomes.
Data and Sample Size Used:
Analysis included 8,314 PCS cases referred between March 2015 and May 2018.
- Pre-TxFirst: 5,466 cases (before April 2017)
- Post-TxFirst: 2,848 cases
Analysis Used:
Comparative analysis of pre- and post-policy implementation using descriptive statistics and inferential tests (e.g., chi-square tests) on variables such as arrest demographics, case referral patterns, charge decisions, and recidivism.
Outcome
Key Findings:
Law Enforcement Practices:
- No significant evidence of a decrease in PCS arrests due to the TxFirst policy.
- The long-term decline in self-initiated police activity (more than 50% since 2011) influenced arrest trends more than the policy itself.
Prosecutorial Decisions:
- An increase in misdemeanor charges for PCS instead of felonies, reflecting compliance with TxFirst and state-wide legislation (Oregon HB 2355).
- A slight rise in cases rejected for prosecution, possibly due to lower-quality evidence in misdemeanor cases.
Case Processing:
- High internal compliance with the policy among district attorneys.
- Felony PCS cases dropped significantly, aligning with legislative and policy goals.
Implications or Recommendations:
- The TxFirst policy successfully reduced felony convictions and promoted treatment-focused interventions.
- Future evaluations should examine longer-term outcomes, including recidivism rates and program success.
- Additional research is needed to assess the policy's impact on community safety and public health outcomes.
- Policymakers should consider tailored risk-based interventions, as blanket approaches can be counterproductive.
This summary provides insights into the systemic effects of de-felonization policies, making it valuable for criminology and criminal justice researchers examining drug policy reform.