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cite and release

HPD adopts cite-and-release

Took them long enough.

The Houston Police Department plans to join Harris County’s cite-and-release program, fulfilling advocates’ long-running request to implement the policy they say keeps low-level offenders out of jail and saves law enforcement resources for more serious threats.

In a presentation to the city council’s Public Safety Committee, two assistant chiefs on Thursday laid out the program they would use for a set of six misdemeanors offenses. The strategy mirrors that already used by the Harris County Sheriff’s Office and other local departments in the county, using a program set up by Harris County court-at-law judges.

In those cases, officers now would be required to give people a citation with the time and date they must appear in court, instead of hauling them to jail, unless they meet certain exceptions. Like the sheriff’s office, HPD officers who use their discretion to disqualify an eligible offender from the program would have to get supervisor approval and list the reason in their report, according to the presentation.

“I believe cite-and-release programs are critical, not just as it relates to police reform, but addressing the prison pipeline and, quite frankly, racism in our criminal justice system,” said City Councilmember Abbie Kamin, who chairs the committee. “I reiterate that this is just one aspect of improving and making sure our city is safe for all Houstonians. We can’t be finished after cite and release.”

Assistant Chief Wendy Baimbridge said the department plans to adopt the program internally, as it is allowed to do under state law. It was not clear when that will be done.

[…]

Darrell Jordan, a Harris County court-at-law judge who helped design the cite-and-release program, which launched in February, said the city should not win plaudits for dragging its feet and finally succumbing to pressure.

He said the roll-out and presentation of the program was “all for show” and wasted time. The city could have opted into the program without an ordinance days, weeks, or months ago, if it wanted. The county’s cite-and-release court has processed 113 cases since the program’s launch in February. About half of those, 60, came from the Harris County Sheriff’s Office, that agency reported.

“I don’t believe in applauding people for waiting six months to fix a problem,” he said. “That’s six months Houstonians had less officers on the streets. How many victims have suffered waiting for police officers to respond? How many alleged criminals have gotten away?”

See here and here for the background. I largely agree with Judge Jordan here, with two caveats. One, late is still better than never, so I do credit the city for eventually coming around. It shouldn’t have taken this long, but at least in the end they did make the right decision. And two, I do want City Council to vote on making this an ordinance, to make it harder for future police chiefs to tinker around the edges of this system if for whatever the reason they don’t like some part of it. It would also ensure that HPD doesn’t take too much time getting around to implementing this. This can, and ideally should, be part of a larger ordinance that includes other reforms. It’s a first step, not the end of the journey.

Cite and release for Houston

Good.

Houston is preparing a cite-and-release policy that could let people accused of certain misdemeanors off with a ticket instead of an arrest, perhaps the city’s most significant bid at criminal justice reform since the killing of George Floyd ignited a renewed national reckoning over policing.

Mayor Sylvester Turner previously has alluded to the effort, and the proposal is scheduled for discussion at the Public Safety Committee on Thursday. City Councilmember Abbie Kamin, who chairs that committee, said she has helped work on the policy.

“I’m thankful to community groups for advocating for this, and to HPD and Mayor Turner for bringing this forward so quickly,” Kamin said.

The details of the measure, which remain in the works, were not immediately available Monday, including which offenses would be included and whether tickets would be required — or merely preferred — instead of arrests. It also is unclear whether the measure would be an ordinance passed by the city council or an administration policy.

Since 2007, state law has allowed citations for all Class C misdemeanors and some others. Among them: possession of up to 4 ounces of marijuana; criminal mischief (damage up to $750); graffiti; theft of up to $750; providing contraband in a correctional facility; and driving with an invalid license. In those cases, officers can give offenders a written citation with a date and time to appear in court, allowing them to await the hearing without going to jail.

Advocates and elected officials in Houston have been calling for a cite-and-release policy for years. The “Justice Can’t Wait” report, released in July by a broad coalition of Houston-area criminal justice advocacy groups, renewed calls for the policy, and five city council members echoed that in a letter released late last month.

The mayor’s own transition team recommended such a policy in a 2016 report after Turner first was elected.

See here for some background. I know some people can’t sleep at night unless everyone who has ever encountered a police officer is in a jail cell, but would you rather have those officers spend their time hauling graffiti artists and people with expired licenses off to jail, or patrolling the streets after writing them a ticket? The Harris County Sheriff’s Office has had a similar policy since February, and as far as I can tell the region has not fallen into anarchy and chaos. Keep people out of jail and keep cops on the streets. And maybe that Task Force report (due by the end of the month) will have more.

UPDATE: Here’s a later version of the story, with some back-and-forth about whether the city should implement this now as a matter of policy, or draft an ordinance to mandate cite-and-release and implement it that way.

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.