Houston Chronicle

District Attorney Devon Anderson outlines plan to keep first-time marijauna offenders out of jail.

Anderson’s plan calls for citations for first offenders

- By Brian Rogers brian.rogers@chron.com twitter.com/brianjroge­rs

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.

Outlining objectives

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 reemerge 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.

 ?? Cody Duty / Houston Chronicle ?? Harris County District Attorney Devon Anderson on Thursday announced at a news conference her program to keep first-time marijuana offenders out of jail. People caught with less than 2 ounces will be able to take classes.
Cody Duty / Houston Chronicle Harris County District Attorney Devon Anderson on Thursday announced at a news conference her program to keep first-time marijuana offenders out of jail. People caught with less than 2 ounces will be able to take classes.

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