Recently, there have been unfair attacks on members of the San Marcos City Council who supported the Cite and Release ordinance adopted in April 2020. Members of the Hill Country Freethinkers Association named below offer this column to answer those attacks.
The City of San Marcos Cite and Release ordinance provides several benefits for the common good: it saves the city and county money by reducing incarceration and outsourcing of prisoners (which cost taxpayers $4.3 million in 2018), promotes more equitable treatment for those unable to afford bail, follows state law that allows cite and release for specified offenses (see TCCP, art. 14.06), recognizes disparities in who is afforded cite and release based on race or ethnicity, applies to a limited number of nonviolent offenses, allows San Marcos police officers adequate discretion, which can be explained in each routine incident report.
Those cited and released are not exonerated. They must still appear in court to answer for the charge. What the ordinance does prevent is being taken to a crowded jail and required to post bond, which is difficult for low-income families to afford. Inability to post bond can lead to long periods of pre-trial incarceration. Such low-income individuals frequently miss work and consequently may lose their job, their home, and even custody of their children.
