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Cite and release

This has been a long time coming.

Sheriff Ed Gonzalez

Harris County law enforcement officials on Tuesday will begin a “cite and release” program that treats some misdemeanor charges like court citations for speeding tickets, just days after the district attorney’s office said it could not fully comply with the initiative.

The program, which applies to six charges handled in Harris County’s misdemeanor courts, comes amid countywide discussions about bail reform and over-incarceration, as well as District Attorney Kim Ogg’s repeated requests that Harris County Commissioners Court fund more prosecutors for her office.

The Harris County Sheriff’s Office is the first policing agency in the area that is reported to be participating in the program approved by a working group that includes judges. After voicing concerns in a letter to the sheriff, Ogg’s office agreed to the new procedures.

Ogg’s office sent the Chronicle a copy of the letter but declined further comment.

Sheriff Ed Gonzalez noted that Harris County is behind the curve on using cite and release, as other Texas counties began employing it after the state Legislature in 2007 authorized such programs. The hope is that fewer bookings will allow deputies to have more time to patrol neighborhoods, while people who are eligible can stay with their families and keep going to work, he said.

“This administrative policy should help reduce our pre-trial county jail population and provide local costs savings to taxpayers,” the sheriff said. “Citations can divert lower risk individuals from detention, reserving limited space and resources for more dangerous individuals.”

The class A and B misdemeanor charges that apply are criminal mischief, $100-$750; graffiti, $100-$2,500; theft, $100-$750; theft of service $100-$750; contraband in a correctional facility; and driving while license invalid.

If a resident is stopped on one of those offenses, the sheriff’s office will run a check for active warrants and contact the district attorney’s office to see if the person is eligible for cite and release, according to an internal memo about the procedures.

Once prosecutors accept the charges, the deputy completes the citation as long as it’s signed off by the defendant. The suspect is given a court date on the spot and then released.

These are exactly the types of defendants who would be at the top of the list for a personal recognizance bond, so it makes sense to treat them this way. I feel like we’ve been talking about this for a long time, including with HPD, but it just hasn’t happened before now. As the story notes it’s happened as a direct result of the 2018 election, as the Democratic misdemeanor court judges were a driving force behind it. This is the moment, and it’s clearly the way to go. And now that the Sheriff’s office has adopted this policy, maybe HPD will follow.

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5 Comments

  1. “The class A and B misdemeanor charges that apply are criminal mischief, $100-$750; graffiti, $100-$2,500; theft, $100-$750; theft of service $100-$750; contraband in a correctional facility; and driving while license invalid.”

    There is no incentive not to steal. What you are going to have is criminals going into convenience stores stealing beer, chips, cokes, etc. and just walking out. Then if the cops are called all that happens is that you get a ticket to go to a court that you don’t have to show up for.

    It is already clear that the “Bail reform” has resulted in more crime and a complete lack of respect for the misdemeanor courts. What a mess.

    I hope Rodney Ellis gets beat and I am looking forward to watching Linda Hildago get beat in the primary by Mayor Parker. She will get a hard political lesson when all of her “FRIENDS” give their support to Parker. I am sure they will tell her it isn’t personal.

  2. […] mention the recent cite and release policy as another reform effort Gonzalez has initiated. I think Sheriff Gonzalez has had a pretty […]

  3. mollusk says:

    Under that logic we’d all get carted off to jail for speeding or making an illegal left turn.

  4. Bill Daniels says:

    Be right back….I’m fixin’ to go shoplift some stuff. Even if I get caught, I’ll still be right back, OK?