Hays County to enact Cite and Divert program

Hays County will utilize a Cite and Divert program aimed at giving people an opportunity to avoid having criminal offenses appear on their record, the sheriff’s office announced Wednesday. 

The announcement came following a Wednesday meeting between Hays County Sheriff Gary Cutler, District Attorney Wes Mau and heads of law enforcement agencies of San Marcos, Buda, Kyle and Texas State University. The county anticipates to launch the new program on Sept. 1. 

“This program will give the deputies another option in dealing with a criminal case,” Cutler said in a statement. “The deputy will now have the discretion to use Cite and Release or Cite and Divert but can always make an arrest if he/she deems it appropriate. I believe the program is of utmost importance, because while it maintains the discretion of our officers, it will also aid us in our efforts to reduce the number of persons being brought to the jail for processing and housing.”

The Cite and Divert program adds an additional diversion aspect that goes beyond the county’s use of Cite and Release, which allows law enforcement officers to issue citations rather than arrest a person for qualifying offenses. While those who are cited and released avoid arrest, they still have criminal cases filed.

With the newly announced Cite and Divert program, people who qualify for the program are given a chance to meet with a prosecutor from the Hays County Criminal District Attorney’s Office rather than appearing before a magistrate. The prosecutor may determine that a course of diversion is “most appropriate,” the sheriff’s office said. After a person satisfies the requirements determined by the prosecutor, the program ends and their record remains clear of the offense. 

According to the sheriff’s office, low level misdemeanors will be eligible for Cite and Divert, including marijuana possession, misdemeanor theft, driving with an invalid license and criminal mischief. 

“The major benefit to the Cite and Divert Program is that it provides an opportunity to stay out of the criminal justice system and keep the criminal record clean,” the sheriff’s office said in a press release. “Plans have also been made to provide defense counsel at this stage in the process. Diversion can include educational courses, community service or paying restitution, all of which are less expensive and less time consuming than going through the more formalized judicial process.”

Mano Amiga, a local organization which has been advocating for the use of a Cite and Divert program in Hays County, said Wednesday’s announcement is a positive step forward but it asks for full transparency as the process continues. 

“We thank subcommittee chair Alex Villalobos and Commissioner Lon Shell for guiding this positive step forward in reducing excessive criminalization and jailing,” said Eric Martinez, Mano Amiga policy director. “But we urge the county to provide counsel for defendants, so no one is forced to speak directly to a prosecutor without advice from an attorney.

“We ask for transparency throughout the process –– including finalized details on the program and data collection to ensure equitable utilization –– as well as intelligent alternatives to in-person meetings, given the dire threat posed by COVID-19," Martinez added.

The sheriff’s office stated that Cite and Divert has been discussed for over a year but it cited issues with inmate populations and the current COVID-19 pandemic as reasonings behind enacting the program at this time.