Bexar County officials say the 'Cite and Release program announced today, which was first reported on San Antonio's First News by News Radio 1200 WOAI, will advance justice and will prevent otherwise law abiding people from being saddled with a criminal conviction for a minor, non violent offense like possession of marijuana, News Radio 1200 WOAI reports.
District Attorney Nico LaHood says under the pilot 'Cite and Release' program, which is set to begin in the coming weeks, will give discretion to the police officer to write a citation, like a traffic ticket, to a person who has committed one of a handful of low level offenses.
"Class A and Class B possession of marijuana, Class B criminal mischief, Class B theft, Class B theft of service, and Class B driving while license invalid," LaHood said.
'Theft of Service' is a crime like walking out of a restaurant without paying.
LaHood says the enabling legislature allows the county to include offenses like possession of synthetic marijuana and graffiti, but officials decided not to include those in Bexar County's program. It will also not cover DWI cases.
LaHood stressed this will not be decrimalization of marijuana.
The person who gets the citation will be assigned to complete a class, and if the individual successfully does so, no charge will ever be filed, the person will never have to go to jail, and the case will never enter the criminal justice system.
"This program will allow officers to stay on our streets and continue to protect our community," LaHood said. "Help prevent the overburdening of our criminal justice system, and give the citizen accused the opportunity to learn from a mistake, without having the stigma of arrest follow them for the rest of their life."
It is estimated that it takes a police officer half of an eight hour shift to process a person who is arrested for minor marijuana possession, hardly a good use of the officer's time when violent crime is rising. In addition, Bexar County Judge Nelson Wolff says the Bexar County Jail is overcrowded with violent and dangerous offenders, and any new inmates increase the amount of money taxpayers have to shell out.
"We want to put in the jail people who are a threat to our community," Wolff said. "That's what jails are for. And for low level non violent offenses, which we can treat in a different way, is how we bring about good justice."
The idea of allowing people who possess small amounts of marijuana not to have a criminal conviction on their record is growing in popularity nationwide. In fact, one of the main reasons employers cite for not being able to find qualified employees is the large number of people who have a drug conviction on their records.
'Cite and Release' will not apply to people who are found with marijuana while they were arrested for committing other crimes, people who have been through the system before, or people who are intending to sell the marijuana.
The pilot project is expected to last for about six months, at which time LaHood will decide whether to make the program permanent.