Misdemeanors could be spared jail time

AUSTIN (KXAN) - Lawbreakers busted by police for small amounts of marijuana possession or other non violent Class A and B misdemeanors could be spared a trip to jail under a "cite and release" policy that Austin police are announcing Friday.

The Central Texas Chapter of the American Civil Liberties Union of Texas has been pushing for the policy for more than a year, since the city first gained the new authority created by the Texas Legislature.

HB 2391 went into effect Sept. 1, 2007. The bill allows Texas law enforcement agencies to give citations instead of arresting at the officers' discretion. The idea is that in this tough economy it will help save money and time by freeing up officers. Instead of spending the time hauling a lawbreaker off to jail they can just write a ticket and hit the road.

Travis County put the option in place almost immediately after it was passed. The Port Arthur and Beaumont Police Departments also are using the citation option as well as Dallas to some extent. Now, Georgetown, Pflugerville and Round Rock are looking into it.

"We are committed to it," chief of Austin police Art Acevedo said.

Among the offenses included in the law are: driving with a suspended license, criminal mischief and theft when the damage is less than $500.

Supporters of the "cite and release" policy said it eases strains on county jails and frees up officers to pursue more serious crimes instead of taking petty criminals to jail, a process that can take up to three hours.

According to a recent study, about 15,000 Austin residents could have been cited in 2008 instead of taken to jail. Penalties for the offenses would not change, nor would the process by which such cases move through the court system, officials said.

Critics of the policy said it encourages police to release criminals back onto the streets. The law "sends the exact opposite signal" from what authorities should be conveying to offenders, said Williamson County District Attorney John Bradley.

Williamson County refuses to process any APD Class A/B citations issued in Williamson County. For that reason, the APD “Cite and Release” program is only in effect in Travis and Hays Counties.

"My thoughts are that the entire process is a very creative way to decriminalize how we prosecute drug cases in Texas," Bradley said.

 

 

 

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