DA: Marijuana now means a citation, not a ride to jail Plan will save money, jail space, DA says

District Attorney Devon Anderson leaves after speaking during a press conference at the Harris County District Attorney's Office, Thursday, Nov. 5, 2015, in Houston. ﻿ District Attorney Devon Anderson leaves after speaking during a press conference at the Harris County District Attorney's Office, Thursday, Nov. 5, 2015, in Houston. ﻿ Photo: Cody Duty, Staff Photo: Cody Duty, Staff Image 1 of / 81 Caption Close DA: Marijuana now means a citation, not a ride to jail 1 / 81 Back to Gallery

Small amounts of marijuana now mean a citation, not a ride to jail, Harris County District Attorney Devon Anderson said Thursday.

The county's top prosecutor outlined changes to a pilot plan for low-level offenders she implemented last year, one that she called a "huge cultural change for Harris County."

Instead of arresting first offenders caught with less than 2 ounces of marijuana, all police officers across Harris County will offer a diversion program and release the suspect, Anderson said.

Staying out of jail

The change, which will become mandatory Jan. 1, means suspects who agree to the diversion program no longer will be taken to jail, go to court or face charges if they stay clean and complete classes or community service.

The objective, she said, is to give nonviolent drug users a chance to avoid a conviction. It also saves jail space and court resources.

"The overall goal was to have people that we would never see again," Anderson said of the classes and community service that are central to the program.

For the past year, those arrested by another law enforcement agency - like campus police, a constable's office or officers in other municipalities like Bellaire or Pasadena - would be taken to a police station, probably booked into a jail cell and later appear in a courtroom. Then they could agree to take advantage of the program.

More benefits

In the past year, 2,270 people have been enrolled. Of those, 78 percent were arrested, transported to a police station and saw a judge before being offered the program.

There are more benefits, which Anderson listed, when suspects are ticketed instead of transported.

"It frees up space in jail. It minimizes the administrative burden that officers face when filing charges. It reduces the cost for prosecution and court proceedings. And of course, it gives the offender an opportunity to have a completely clean record," she said. "When we don't offer it until after the offender is charged, we lose a lot of the best benefits of the program."

Within three days of getting caught, the suspect has to check in with the county agency that oversees people who are out on bail, to determine which classes or community service is appropriate.

Escaping charges

If the program is successfully completed, Anderson said, charges will never be filed.

She laid out the typical caveats of a voluntary diversion program, including the ability of supervisors to override the mandate in special circumstances. She also said the office will maintain an internal database of the participants to prevent offenders from claiming first offender status after going through the program.

Anderson also touted the outcomes, saying recidivism rates that are less than 7 percent compared with 19 percent in jurisdictions across the state where low-level offenders are put on court-supervised probation.

Anderson, a Republican, created the pilot in the middle of a heated election with Democratic challenger Kim Ogg, who ran on a similar program that would have included all misdemeanor marijuana offenses, not just first-timers.

Ogg has called Anderson's pilot a "me too" program borne out of political necessity.

The issue likely will re-emerge in the coming year as Ogg and Morris Overstreet, both Democrats, challenge Anderson for the county's top law enforcement post.

Saving millions

On Thursday, Anderson said she is considering putting together a similar program for first-time shoplifters.

She also said the future of the marijuana program might encompass repeat offenders, if it will lower recidivism rates.

A recent Rice University study found that taxpayers could save more than $3.5 million a year, if the program were expanded beyond first-time offenders.