Cite and release ordinance goes into effect

The first cite and release ordinance in the state of Texas will go into effect in San Marcos as of May 31.

Larger municipalities like Austin and San Antonio have passed resolutions expressing support for the practice, but none have passed it in the form of an ordinance.

The new civil law passed by the San Marcos City Council last month directs the San Marcos Police Department to issue citations for low-level non-violent offenses like possession of small quantities of marijuana, driving without a license, small amounts of property theft or theft of services. SMPD will also issue quarterly reports to increase transparency and accountability.

The policy is based on a state law passed in 2007 which gives officers discretion to issue citations instead of arrest for certain low-level, non-violent crimes, as well as some Class A and B misdemeanors. The city council voted to limit the list of eligible offenses outlined by the state for time being.

The ordinance also calls for regular, public meetings among the Police Chief’s Advisory Panel and community members to work together with the San Marcos Police Department on the development of policies and procedures related to the ordinance. The first progress update and quarterly data report regarding the use of cite and release process is due to city council on Aug. 31.

Interim Police Chief Bob Klett says SMPD has been preparing for years for the implementation of this new ordinance starting with practicing street level diversions and by directing officers to comply with the ordinance as soon as they saw it coming to fruition.

“As the ordinance language became clearer, we have been educating our officers,” Klett said. “Despite the ordinance becoming effective on the 31st, the day after the second reading I advised officers we would begin to comply with the wording of the ordinance immediately. We had asked for a delay in the ordinance becoming effective to work on the data collection needs in the ordinance and we believe we are ready to implement that piece as well.”

Anita Gupta, Staff Attorney at the Immigrant Legal Resource Center said, “This ordinance, if properly implemented, will reduce arrests for low-level offenses, which cause harm to community members and families and disproportionately impact people of color, immigrants, and other marginalized populations. Furthermore, amid the COVID-19 pandemic — as we witness the very real and deadly dangers of jails and prisons — keeping community members out of incarceration is more important than ever. While the passage of the ordinance was a huge victory, we recognize the work has only just begun and look forward to working with the police department to ensure equitable and effective implementation.”

A point of contention in discussions related to implementation was whether police officers would be encouraged to decrease street diversion in efforts to follow the ordinance’s section about issuing citations verbatim, despite the fact that the ordinance leaves room for diversion. Klett’s response indicates that as it has unfolded, police officers may continue to use their discretion to divert cases as needed while following the ordinance.

“Our officers will continue to use their good judgment in the many circumstances they face,” Klett said. “Each individual circumstance has a wide variety of factors which must be considered and makes each instance unique, so it is difficult to anticipate outcomes at this time.”

Eyes will be on San Marcos as this groundbreaking ordinance takes effect, awaiting the first round of data to be released in August. Mano Amiga, the organization that took initiative in advocating for the ordinance, has been contacted by advocates and policymakers from the Rio Grande Valley to Fort Worth, Waco and Kyle who have all conveyed interest in pursuing city laws to limit excessive arrests there.

"This victory is chiefly the result of people impacted by the scourge of confinement, either directly or through the experience of a loved one, rising together to encourage a better way forward,” said Eric Martinez, policy director for Mano Amiga said. “We look forward to ongoing collaboration with SMPD's Interim Chief Bob Klett in helping San Marcos become a model for the state in how

to foster a stronger bond with the community by prioritizing alternatives to jail for minor offenses."