Pubdate: Thu, 09 Oct 2014
Source: Dallas Morning News (TX)
Copyright: 2014 The Dallas Morning News, Inc.
Contact: http://www.dallasnews.com/opinion/send-a-letter/
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117

CITE AND SUMMONS LAW

Program for Low-Level Pot Offenders Makes Sense

The second time, we hope, will be the charm.

An underused 2007 state law offered police officers the option of 
writing citations for certain low-level offenses rather than hauling 
suspects to jail. The point was to keep cops on the street and avoid 
burning up valuable hours processing defendants for misdemeanors like 
marijuana possession or graffiti.

Dallas tried to take advantage right away, but the experiment went 
poorly, with most offenders failing to show for court.

Fortunately for the city's taxpayers, Dallas Police Department and 
county officials will make another run at it next year, with improved 
processes in place. For example, offenders will need to have a local 
ID and provide a thumbprint to officers on the spot. The aim is to 
slash the earlier no-show rate of about 60 percent. The bigger goal 
is to save each officer the two to four hours squandered in driving a 
nonviolent misdemeanor suspect to the county jail and going through 
the booking rigamarole.

This is what the smart-on-crime movement is all about. It's about 
efficiency and a response appropriate for the severity of the crime.

Initially, the pilot program in Dallas will involve only possession 
of small amounts of marijuana, a misdemeanor. And it affects only how 
the defendants are initially processed, not how they are punished by 
the district attorney's office.

The state's maximum penalty for possessing less than 2 ounces of pot 
remains a $2,000 fine and 180 days in jail, which is in itself an 
excessively high price to pay for what's usually a victimless 
offense. The Dallas County DA's office deals with first-time 
offenders a better way - by dismissing charges if the defendant takes 
steps including drug abuse classes and community service.

In light of the typical outcome, it makes even less sense to have a 
guy who's caught with a joint in his pocket spend a night on a jail 
bunk, with taxpayers picking up the tab.

It's a mystery to us why only a handful of counties have taken 
advantage of the 2007 cite-and-summons law. Written by former Rep. 
Jerry Madden, a Richardson Republican, it passed with bipartisan 
support and backing from both conservative and liberal criminal 
justice advocates.

A Texas House committee held hearings into the matter this year, 
listening to law enforcement officers explain how issuing field 
citations saves police agencies time and money. The head of the Texas 
prosecutors' association said it's a useful tool for police 
departments to have.

Successful rollout in Dallas - and a similar new program in Houston - 
would give criminal justice reformers across the political spectrum 
added momentum for next year's lawmaking session. Priority goals for 
the left-right Texas Smart on Crime Coalition include further 
refinement of Texas' drug laws, with emphasis on keeping the 
repercussions minor for minor offenses.

It's good to see Dallas as a major player in that trend.

[sidebar]

THE LAW'S PROVISIONS

Texas' cite-and-summons law allows police officers to write citations 
for these misdemeanors:

Possession of 4 ounces or less of marijuana

Criminal mischief from $50 to $500

Graffiti with damage between $50 and $500

Theft of services between $20 and $500

Driving with an invalid license

By the numbers

Total arrests in Dallas County in July for cite-and-summons offenses: 640

Arrests for misdemeanor marijuana offenses: 277
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MAP posted-by: Jay Bergstrom