Bexar County's cite and release program for low-level marijuana possession now in effect

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less Bexar County's cite and release program, allowing those charged with certain low-level misdemeanors, including possession of small amounts of marijuana, to stay out of jail, is now in effect, District Attorney Nico LaHood announced Wednesday morning. Bexar County's cite and release program, allowing those charged with certain low-level misdemeanors, including possession of small amounts of marijuana, to stay out of jail, is now in effect, District Attorney ... more Image 1 of / 12 Caption Close Bexar County's cite and release program for low-level marijuana possession now in effect 1 / 12 Back to Gallery

Deputies with the Bexar County Sheriff's Office will serve as guinea pigs for the district attorney's new program diverting certain low-level misdemeanor offenders -- including those caught with small amounts of marijuana -- away from jail and into a pre-trial diversion program, officials announced Wednesday.

Bexar County District Attorney Nico LaHood announced the official launch Wednesday of the long-awaited cite-and-release program, five months after he first announced it was in the works. He said the program was not mandatory for law enforcement agencies.

Later Wednesday afternoon, LaHood's office clarified the roll-out was of a pilot program with just the Bexar County Sheriff's Office.

Each of Bexar County's 46 law enforcement agencies will be given guidance on how to implement the program, if they choose to, within 60 days.

"Other agencies should be coming on board at the end of March so that we can make sure that all of our intake processes are working as designed," said spokeswoman Leslie Garza.

Deputies, at their discretion, will now be able to issue a citation to, rather than arresting, an offender accused of the following misdemeanor crimes:

Class A and Class B possession of marijuana less than 4 ounces

Class B criminal mischief, property damage less than $750

Class B theft under $750

Class B theft of service under $750

Class B driving with an invalid license

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To be eligible for the program, accused offenders must live in Bexar County and be 17 years or older with a valid ID. Accused offenders who are out on bond, on probation or on parole are not permitted to participate in the program, nor are residents with active warrants or pending charges.

Those cited by law enforcement will pay a $250 fee, restitution, do eight hours of community service, take a "relevant to the charge" education class and give a urine sample, if applicable, LaHood said.

Residents will have 30 days after receiving the citation to appear at the Bexar County Sheriff's Office Central Records department to confirm their identities, according to the policy description.

Deputies will have discretion over whether to arrest an offender or cite them under the new program.

If someone is caught committing more than one crime covered under the new policy, the officer will be able to decide whether they will receive two separate summons, LaHood said.

Offenders arrested prior to the program's start but still in the process of being prosecuted, should have the "same end result" as offenders cited moving forward, he said.

"We can't go back and undo what the law said," LaHood said. "If somebody is arrested on one of these offenses that qualify under this new program, the end result should be the same."

Bexar County Sheriff Javier Salazar did not have a specific data on how much money the program would save tax-payers, but did say it would be less costly than before and a "better use of our resources." He said that of the 4,200 people currently in the Bexar County Jail, 646 of them were there for misdemeanor crimes.

LaHood said the San Antonio Police Department was "very excited" about the new program.

The public information office at SAPD said it had not received information on the policy or how to implement it.

"At this time, no decisions on cite and release between SAPD and the Bexar County DA's Office have been finalized," reads an SAPD statement.

At least four other police departments had not received information on the program, or knew of its existence by Wednesday's announcement.

"To begin with, we were never provided with any information in regards to the cite-and-release program from its inception," said Olmos Park Police Chief Rene Valenciano. "I found out about it just based on the news."

Valenciano said the Olmos Park Police Department would not use the new program because it is not feasible, and won't save the department any time. He said if an accused offender commits a criminal offense, they go to jail.

"Even if we were interested in participating, I don't have any information. I don't know what forms to use, what the screening process is. Who do you turn the citations into? We don't have any of that available," Valenciano said. "We were basically kept in the dark."

In Alamo Heights, Police Chief Rick Pruitt said he had not received any information on the program prior to Wednesday, and would have to figure out what the department's involvement would be after learning more about the policy.

"The only thing I received is a phone call from another reporter and that was the first I'd heard of it. I've heard some conversation about it but nothing specific as to a timeline and what was going to be involved other than that they were looking into that type of program and that was months ago," he said, adding the department supports LaHood.

Terrell Hills Police Chief William Foley said his department was not asked for input, but they did receive an "official comment" from LaHood's office that the policy was in the works. He has yet to receive information on the official policy and how to implement it, he said.

"We are happy to cooperate any way we can," Foley said.

Police chiefs in Kirby, Balcones Heights, Leon Valley and Castle Hills did not immediately respond for comment. Police chiefs in Shavano Park and Hill Country Village could not be reached for comment.

Hollywood Park Police Chief Shad Prichard said, "we're in the same boat" as most of the police departments who had not heard from the district attorney's office.

He said the department was not asked for input, but LaHood did attend a police chiefs meeting sometime in 2017 to discuss the policy.

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"I don't see any opposition (to the policy) right now, we need to see what it entails," Prichard said. "I don't even know what all the offenses are. I like the concept. I like the idea. But we need to see exactly what it entails and see if it's right for Hollywood Park.

A law passed by the Texas Legislature in 2007 gives entities the power to opt into programs like the one in Bexar County. More than ten years later, several large counties have decided to participate.

After Harris County announced its policy in February, LaHood told mySA.com he wanted to treat low-level marijuana crimes "like a traffic ticket." Harris County officials launched its program March 1, roughly a month after they first announced their plans.

Roll out of a Dallas County cite-and-release program was less smooth. Officials first announced they would opt into a program allowing offenders to avoid jail time in April 2017 with an anticipated launch date of Oct. 1. However, the program was not officially implemented in the county until Dec. 1, 2017, the Dallas Observer reported.

Kelsey Bradshaw is a digital reporter for mySA.com. Read more of her stories here.| kbradshaw@express-news.net | Twitter: @kbrad5