A person arrested under Portland's new homeless camping rules was not booked into jail.

In Portland, Oregon, the police made their first arrest under a new law limiting camping on public land. However, the county jail declined to take the suspect into custody.

The latest development poses a challenge to city officials' efforts to address widespread homeless encampments.

"Mayor Ted Wheeler expressed disappointment with the Sheriff's decision to refuse to book individuals arrested for violating the law, stating that he is deeply concerned about the disconnect and its potential impact on future efforts to improve public safety."

A man was arrested by officers in Portland last Friday for repeatedly rejecting offers of shelter, including a tiny home. Despite being taken to the downtown jail, staff refused to book him, resulting in his release.

The MCSO manages the two jails in Portland, and Deputy John Plock, a spokesperson for the office, stated that jail staff only book individuals accused of committing misdemeanor or felony offenses under state law, not those arrested for violating city rules.

Sheriff Nicole Morrisey O'Donnell issued an August 2023 directive that led to the policy, according to Plock.

City officials, including the mayor, were taken aback by the decision made by Morrisey O’Donnell and her team to challenge the City’s public camping laws.

Wheeler stated that booking restrictions had been lifted, but "explicitly stated publicly" is not accurate.

Wheeler's statement reads: "I urge the Sheriff to reconsider her stance."

Planet Chronicle Digital emailed questions to MCSO, but they did not respond. Meanwhile, Morrisey O’Donnell released a statement denying that her office had ever agreed to book people arrested for city ordinance violations.

Morrisey O’Donnell stated that as the official in charge of managing the jail, he believes that the corrections system should be used to house individuals who pose a genuine threat to the public, and not just those who are homeless.

In recent years, Oregon's homeless population has rapidly increased, with the crisis being particularly evident in the state's largest city where tents, RVs, and campsites frequently occupy sidewalks, parks, and other open spaces.

Last year, the Portland City Council passed a daytime camping ban, but a lawsuit halted its enforcement due to alleged violation of state law.

In May, the commissioners unanimously passed new restrictions on camping on public property. These restrictions prohibit camping if a "reasonable alternative shelter" is available. If someone refuses an offer of shelter, they could face a fine of $100 or seven days in jail, according to the ordinance.

Even if no shelter is available, the law prohibits camping on sidewalks or any location that obstructs access to businesses or private property.

Since the ordinance was implemented on July 1, the city has conducted over 3,600 site assessments. According to a spokesperson from the mayor's office, most campers who were approached by the city have either accepted shelter offers or adhered to the restrictions.

Since the ordinance's implementation, Friday's arrest was the first, as stated by Willamette Week. The mayor's office emphasized that outreach workers had previously contacted the man at the campsite multiple times before the city referred the matter to law enforcement.

Officials in Portland, including Wheeler, have consistently voiced their dissatisfaction with state laws and legal obstacles that have impeded the city's efforts to tackle problems such as homeless camping and public drug use.

Starting Sept. 1, Oregon will recriminalize drug possession. However, individuals caught with drugs will have a choice between jail or locally-operated deflection programs. Now, Wheeler is concerned about the sheriff's policy and its impact on those who choose not to participate in deflection programs.

The sheriff's office has budgeted 1,130 beds for its two jails and has previously warned that overcrowding could lead to the release of incarcerated individuals. Despite this, the average daily inmate population has been around 80% of capacity or less since the sheriff's August 2023 directive, according to MCSO data.