ORS 430.430: Oregon Behavioral Health Deflection Program; eligibility; distribution and use of funds; rules.

(1) As used in this section, “deflection program” means a collaborative program between law enforcement agencies and behavioral health entities or community-based social service organizations that assists individuals who may have substance use disorder, another behavioral health disorder or co-occurring disorders, and who often have other service needs, to create community-based pathways to treatment, recovery support services, housing, case management or other services. (2) The Oregon Behavioral Health Deflection Program is established within the Oregon Criminal Justice Commission. The program consists of grants awarded by the commission to counties and federally recognized tribal governments to fund deflection programs. (3) The purpose of the program described in this section is to: (a) Address the need for more deflection programs to assist individuals whose behavioral health conditions, including substance use disorder, and other service needs lead to a heightened likelihood of interactions with law enforcement, incarceration, conviction and other engagement with the criminal justice system. (b) Track and report data concerning deflection program outcomes in order to determine the best practices for deflection programs within this state. (4)(a) The commission shall develop a grant application process for awarding grants under this section. (b) An application for a grant under this section may be submitted by a county or designee of a county, a tribal government or designee of a tribal government or a consortium consisting of two or more counties or tribal governments, or designee of a consortium. Only one application per county or tribal government may be submitted, but the application may request funding multiple programs within an applicant’s jurisdiction. (c) Prior to submitting an application for a grant under this section, the applicant shall coordinate with all partners of the development and administration of the proposed deflection program to ensure that the partners have the resources necessary to implement the deflection program as follows: (A) For a county or county consortium applicant, the partners shall include at least a district attorney, a law enforcement agency, a community mental health program established under ORS 430.620 and a provider from a Behavioral Health Resource Network established under ORS 430.389. Partners may also include a treatment provider, a local mental health authority, a tribal government, a peer support organization, a court or a local government body. (B) For a tribal government or tribal government consortium applicant, the partners shall include at least a law enforcement agency and either a behavioral health entity or a community-based social service organization. (d) An application for a grant under this section must contain: (A) A description of the coordination with program partners required by paragraph (c) of this subsection that has occurred; (B) A description of the individuals who would be eligible for the program and what qualifies as a successful outcome, formulated in cooperation with the program partners described in paragraph (c) of this subsection; (C) For a county or county consortium applicant, a description of how the program for which the applicant is seeking funding is culturally and linguistically responsive, trauma-informed and evidence-based; (D) For a county or county consortium applicant, a description of a plan to address language access barriers when communicating program referral options and program procedures to non-English speaking individuals; and (E) A description of how the program coordinator will communicate with program partners concerning persons participating in the program and any other matter necessary for the administration of the program. (5) To be eligible for funding under this section, a deflection program: (a) Must be coordinated by or in consultation with a community mental health program, a local mental health authority or a federally recognized tribal government; (b) Must have a coordinator with the following program coordinator duties: (A) Convening deflection program partners as needed for the operation of the program; (B) Managing grant program funds awarded under this section; and (C) Tracking and reporting data required by the commission under ORS 137.687; (c) Must involve the partners described in subsection (4)(c) of this section; and (d) May involve a partnership with one or more of the following entities: (A) A first responder agency other than a law enforcement agency; (B) A community provider; (C) A treatment provider; (D) A community-based organization; (E) A case management provider; (F) A recovery support services provider; or (G) Any other individual or entity deemed necessary by the program coordinator to carry out the purposes of the deflection program, including individuals with lived experience with substance use disorder, a behavioral health disorder or co-occurring disorders. (6)(a) The commission shall distribute moneys in the Oregon Behavioral Health Deflection Program Account established under ORS 430.434, as follows: (A) The commission shall first determine the proportion of funds available to an applicant that is a federally recognized tribal government or a consortium of federally recognized tribal governments. (B) Following the determination made under subparagraph (A) of this paragraph, the remaining moneys shall be distributed to other applicants as follows: (i) Twenty-five percent of the moneys shall be distributed to counties based on the county formula share used for the program during the biennium ending June 30, 2025; (ii) Seventy percent of the moneys shall be distributed to counties based on the formula described in paragraph (b) of this subsection; (iii) Three percent of the moneys shall be retained by the commission to support grant recipient data collection and analysis or evaluation of outcome measures; and (iv) Two percent of the moneys shall be retained by the commission to support technical assistance for grant recipients. (C) Each qualifying county applicant shall receive a grant award of no less than $300,000. (b) For purposes of the distribution under paragraph (a)(B)(ii) of this subsection: (A) The commission shall provide historical data to each applicant to assist applicants in developing a program population projection. (B) Applicants shall develop a program population projection to submit to the commission. The program population projection shall consist of: (i) A projection of individuals eligible for deflection based on local program criteria; (ii) A projection of individuals to be enrolled in the Oregon Behavioral Health Deflection Program within the applicant’s local jurisdiction; and (iii) An explanation describing the methodology used to calculate the program population projection. (C) The proportion of funds available to an applicant shall be determined by the commission using the combined projections of potential populations served by the Oregon Behavioral Health Deflection Program. (7)(a) Grant funds awarded under this section may be used for: (A) Deflection program expenses, including but not limited to law enforcement employees, deputy district attorneys and behavioral health, case management or outreach workers, including peer navigators and mobile crisis and support services workers. (B) Behavioral health workforce development. (C) Capital construction of behavioral health treatment infrastructure. (D) The payment of restitution to a victim, if potential or outstanding restitution is a barrier to program participation. (E) The purchase of closed-loop referral technology to facilitate referrals to local partners and community-based organizations involved in supporting deflection and jail reentry programs. (b) Notwithstanding paragraph (a) of this subsection, the commission may award planning grants for the development of deflection programs. (c) A county or county consortium applicant may request up to 10 percent of program funds for administrative costs. A tribal government or tribal government consortium applicant may request up to the federally negotiated indirect cost rate for the applicant to cover administrative costs. (8) The commission shall provide staff support to the grant program. (9) The commission may adopt rules to carry out the provisions of this section, including: (a) A methodology for reviewing and approving grant applications and awarding grants; (b) A process for distributing any unallocated funds; (c) A process for evaluating the efficacy of deflection programs funded under this section; (d) Provisions related to requests by grant recipients to adjust their grant awards; and (e) Provisions related to partnerships or collaborations between applicants. (10) For purposes of this section: (a) “Successful outcome” means an outcome that recognizes that recovery pathways are necessarily individual and that is measured in engagement in case management services and improvements in quality of life stability factors and public safety. (b) “Victim” has the meaning given that term in ORS 131.007. [2024 c.70 §76; 2025 c.532 §27; 2025 c.557 §8b] 430.430. (1) As used in this section, “deflection program” means a collaborative program between law enforcement agencies and behavioral health entities or community-based social service organizations that assists individuals who may have substance use disorder, another behavioral health disorder or co-occurring disorders, and who often have other service needs, to create community-based pathways to treatment, recovery support services, housing, case management or other services. (2) The Oregon Behavioral Health Deflection Program is established within the Oregon Criminal Justice Commission. The program consists of grants awarded by the commission to counties and federally recognized tribal governments to fund deflection programs. (3) The purpose of the program described in this section is to: (a) Address the need for more deflection programs to assist individuals whose behavioral health conditions, including substance use disorder, and other service needs lead to a heightened likelihood of interactions with law enforcement, incarceration, conviction and other engagement with the criminal justice system. (b) Track and report data concerning deflection program outcomes in order to determine the best practices for deflection programs within this state. (4)(a) The commission shall develop a grant application process for awarding grants under this section. (b) An application for a grant under this section may be submitted by a county or designee of a county, a tribal government or designee of a tribal government or a consortium consisting of two or more counties or tribal governments, or designee of a consortium. Only one application per county or tribal government may be submitted, but the application may request funding multiple programs within an applicant’s jurisdiction. (c) Prior to submitting an application for a grant under this section, the applicant shall coordinate with all partners of the development and administration of the proposed deflection program to ensure that the partners have the resources necessary to implement the deflection program as follows: (A) For a county or county consortium applicant, the partners shall include at least a district attorney, a law enforcement agency, a community mental health program established under ORS 430.620 and a provider from a Behavioral Health Resource Network established under ORS 430.389. Partners may also include a treatment provider, a local mental health authority, a tribal government, a peer support organization, a court or a local government body. (B) For a tribal government or tribal government consortium applicant, the partners shall include at least a law enforcement agency and either a behavioral health entity or a community-based social service organization. (d) An application for a grant under this section must contain: (A) A description of the coordination with program partners required by paragraph (c) of this subsection that has occurred; (B) A description of the individuals who would be eligible for the program and what qualifies as a successful outcome, formulated in cooperation with the program partners described in paragraph (c) of this subsection; (C) For a county or county consortium applicant, a description of how the program for which the applicant is seeking funding is culturally and linguistically responsive, trauma-informed and evidence-based; (D) For a county or county consortium applicant, a description of a plan to address language access barriers when communicating program referral options and program procedures to non-English speaking individuals; and (E) A description of how the program coordinator will communicate with program partners concerning persons participating in the program and any other matter necessary for the administration of the program. (5) To be eligible for funding under this section, a deflection program: (a) Must be coordinated by or in consultation with a community mental health program, a local mental health authority or a federally recognized tribal government; (b) Must have a coordinator with the following program coordinator duties: (A) Convening deflection program partners as needed for the operation of the program; (B) Managing grant program funds awarded under this section; and (C) Tracking and reporting data required by the commission under ORS 137.687; (c) Must involve the partners described in subsection (4)(c) of this section; and (d) May involve a partnership with one or more of the following entities: (A) A first responder agency other than a law enforcement agency; (B) A community provider; (C) A treatment provider; (D) A community-based organization; (E) A case management provider; (F) A recovery support services provider; or (G) Any other individual or entity deemed necessary by the program coordinator to carry out the purposes of the deflection program, including individuals with lived experience with substance use disorder, a behavioral health disorder or co-occurring disorders. (6)(a) The commission shall distribute moneys in the Oregon Behavioral Health Deflection Program Account established under ORS 430.434 as follows: (A) The commission shall first determine the proportion of funds available to an applicant that is a federally recognized tribal government or a consortium of federally recognized tribal governments. (B) Following the determination made under subparagraph (A) of this paragraph, the remaining moneys shall be distributed to other applicants as follows: (i) Twenty-five percent of the moneys shall be distributed to counties based on the formula described in paragraph (b) of this subsection; (ii) Seventy percent of the moneys shall be distributed to counties based on a competitive grant program adopted by the commission by rule and following the priorities described in paragraph (c) of this subsection; (iii) Three percent of the moneys shall be retained by the commission to support grant recipient data collection and analysis or evaluation of outcome measures; and (iv) Two percent of the moneys shall be retained by the commission to support technical assistance for grant recipients. (b) For purposes of the distribution under paragraph (a)(B)(i) of this subsection: (A) The commission shall provide historical data to each applicant to assist applicants in developing a program population projection. (B) Applicants shall develop a program population projection to submit to the commission. The program population projection shall consist of: (i) A projection of individuals eligible for deflection based on local program criteria; (ii) A projection of individuals to be enrolled in the Oregon Behavioral Health Deflection Program within the applicant’s local jurisdiction; and (iii) An explanation describing the methodology used to calculate the program population projection. (C) The proportion of funds available to an applicant shall be determined by the commission using the combined projections of potential populations served by the Oregon Behavioral Health Deflection Program, but a qualifying applicant may not receive less than $150,000. (c) The commission shall prioritize the following when awarding grants under paragraph (a)(B)(ii) of this subsection: (A) Grant recipients making adequate progress toward meeting program population projections submitted to the commission under paragraph (b) of this subsection; (B) Programs designed to minimize the number of cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 filed in an applicant’s jurisdiction; (C) Programs that result in satisfactory rates of successful outcomes for program participants; (D) Programs that prioritize the funding of positions that interact directly with prospective and enrolled program participants; (E) Programs in rural areas that create regional partnerships; and (F) Programs that adhere to documented standards and best practices established by the commission for deflection programs. (7)(a) Grant funds awarded under this section may be used for: (A) Deflection program expenses, including but not limited to law enforcement employees, deputy district attorneys and behavioral health, case management or outreach workers, including peer navigators and mobile crisis and support services workers. (B) Behavioral health workforce development. (C) Capital construction of behavioral health treatment infrastructure. (D) The payment of restitution to a victim, if potential or outstanding restitution is a barrier to program participation. (E) The purchase of closed-loop referral technology to facilitate referrals to local partners and community-based organizations involved in supporting deflection and jail reentry programs. (b) Notwithstanding paragraph (a) of this subsection, the commission may award planning grants for the development of deflection programs. (c) A county or county consortium applicant may request up to 10 percent of program funds for administrative costs. A tribal government or tribal government consortium applicant may request up to the federally negotiated indirect cost rate for the applicant to cover administrative costs. (8) The commission shall provide staff support to the grant program. (9) The commission shall adopt rules to carry out the provisions of this section, including: (a) A methodology for reviewing and approving grant applications and awarding grants; (b) A process for distributing any unallocated funds; (c) A process for evaluating the efficacy of deflection programs funded under this section; (d) Provisions related to requests by grant recipients to adjust their grant awards; and (e) Provisions related to partnerships or collaborations between applicants. (10) For purposes of this section: (a) “Successful outcome” means an outcome that recognizes that recovery pathways are necessarily individual and that is measured in engagement in case management services and improvements in quality of life stability factors and public safety. (b) “Victim” has the meaning given that term in ORS 131.007.