At first glance, Harris County Interim DA Devon Anderson’s First Chance Intervention Program seems like a step forward. Traditional Republican law and order types like it because it is supposedly designed to “scare” first time offenders of marijuana possession so much that they will forever resist taking a toke on a fatty. But Houston NORML has a few questions for the interim DA:
- Is the person being arrested? (The fact sheet uses the word “detained” when referring to an encounter with HPD or HCSO and uses the word “arrested” when referring to an encounter with any other law enforcement agency)
- If an individual is detained by HPD or HCSO, and then transported to a police station, does this constitute an arrest or an investigative detention?
- When the person is taken to the substation to be identified and fingerprinted, and then offered the First Chance Intervention Program, how does the individual agree to the program? By signing a document? If a document has to be signed, is the person admitting guilt or giving up any of their rights? If they sign an agreement or answer questions in order to assess eligibility for the program, are they making any statements that can be used against them at some later date? Can the individual have an attorney present at the substation prior to entering into any agreement and still participate in the program?
- If the person is detained but not arrested by HPD or HCSO, is the visit to the substation voluntary? Will the person be allowed to drive his or her own vehicle to the station? Will the person’s vehicle be impounded? Will the person be read the Miranda warning and afforded due process rights?
- If arrested or detained by HPD or HCSO and transported to the station, will there be a recording in a log of that arrest? A mugshot? Will any documents be created in that process? If so, are they public record?
- Will criminal charges ever be filed against an accused person who is eligible for the program, agrees to participate, and completes the program? If not, are there records relating to an arrest, or any other record that will need to be expunged?
- Will any of Harris County’s other 50+ law enforcement agencies (other than HPD and HCSO) be utilizing the program? (The fact sheet states, “Under this pilot program, offenders arrested by an agency other than the HPD or the HCSO will be sent to jail and offered the program in Court.”)
- If avoiding jail is part of the program, how can someone be offered the same program in Court after already being sent to jail?
- If avoiding criminal charges is part of the program, how can someone be offered the same program at a Court appearance in which they are answering to a criminal charge?
- How much of a police officer’s total time is estimated to be occupied throughout the process of detaining the accused person, transporting them to a police substation, identifying, fingerprinting, offering them the program, filing any necessary reports, and releasing them from custody?
- How many offenders (by your estimate) will be brought into a police station or substation on a daily basis? Will they be a distraction or otherwise jeopardize the productivity of our law enforcement officials fulfilling their duties?
- Will people be treated equally across all of Harris County? Or will they be treated differently based on where in the county they are located or which law enforcement agency they encounter?
I would love to hear the answers to those questions. As well, I would love to hear how the Anderson campaign, which viciously attacked former DA Pat Lykos when she used a similar setup for DWI, called DIVERT, explain how and why her program is legal.
DA candidate Kim Ogg, has a simple program: follow the 2007 law and give low level possessors of marijuana a ticket, which can then be dismissed after performing community service. Check it out: HB 2391 passed in 2007 with the support of Rep. Debbie Riddle and signed by Gov. Perry. So don’t even say this is a partisan Democratic bill.
Ogg’s program follows state law, gets officers back on the street immediately so that they can protect you, frees up the county jail for violent offenders, keeps kids from having criminal records that haunt them for their lifetime, and saves taxpayers money.
I encourage you to evaluate both candidates in this race. Don’t vote Republican or Democrat just because that is what you always do – the criminal justice system should not be partisan. Evaluate both women, talk to them, question them. Then, you decide which candidate is the right choice for justice in Harris County and vote for that candidate.
UPDATE
A reader was kind enough to send me Sheriff Adrian Garcia’s written policy about Devon Anderson’s pilot program. All the work for officers, nothing to show for it.
First Chance Intervention Program
Don Hooper says
I am sure the bar poll results are with an eye roll or two.
Steven K. Howell says
Why don’t we call it what it really is: “We give up; we’ve lost the drug war and won’t admit it, so we’ll sing and dance and hope no one notices that we have agreed to look the other way and put criminals back on the streets without a felony criminal conviction, without eliminating their right to vote, etc.” – but we have convinced ourselves we are wise and compassionate. After all, the DA might think “this is what ‘everyone’ really wants and I really want to get elected, so I’ll pretend to be tough but fair, and Republicans will blindly vote for me because I’m a Republican and some Democrats might vote for me because I’m now supporting one of their pet positions, but in reality, I’m just another opportunistic politician who is doing whatever I can think of to keep this gig”.
Some of us, who have served on a Harris County Grand Jury, can recall the number of hard-core felony cases we heard in which the offender’s first offense was a marijuana possession conviction. An alarming number of them went on to become true career criminals, harming many lives in the process. IMHO we would be far better served, as a community, if we were to realize that some people are simply weak: they either can’t or choose not to function in society without the “help” of drugs. Programs exist to help wean these weaklings off drugs, but many first-time offenders have elected to take a felony plea (with all that that implies for them later in life) in order to promptly return to the street and to their drugs of choice. Long-term, they are a blight on our community, our city and our nation.
We refuse to do what is necessary: give a first-time drug offender the chance to “get clean”, but, should that person choose to become a drug offender a second time, they get to go to TDC for a minimum of ten years, with no possibility of parole. This should apply to DWI convictions as well. I’ve seen too many 6-, 7- and 8-time DWI convictions on a person’s record as we consider their most recent DWI-related infraction, but this time is for vehicular manslaughter. They get to go away too!
Don Hooper says
Steven,
If police officers are arresting people for marijuana and not arresting them for burglary aren’t you more than concerned the firearms they are stealing could be used against you or a family member?
We have had several burglaries where we live and could not get the police to take fingerprints or DNA when our not to smart burglar cut himself. He was able to steal a very nice Kimber 45 from a neighbor. I keep thinking it is going to be used in one of those serious crimes you are talking about. We did not find any marijuana paraphernalia but will look harder next time. Meanwhile, someone stole a machine gun from Full Armor two weeks ago.
I will ask if anyone found any marijuana paraphernalia there.
Warren Fawcett says
Like it or not, partisanship does matter in this race. Look at Ogg’s endorsements – a who’s who of current and former Democrat office holders. I don’t see any endorsements from law enforcement officials and organizations. Winning this office would be a big prize for the Democrats and a huge blow to Republicans. If Ogg wins, I believe that she will turn extremely partisan – she will be under too much pressure from her constituency not to.
Personally, I think that DA Anderson is more qualified anyway.
A parting thought: When is the last time a Democrat politician or pundit endorsed a Republican?
Don Hooper says
Warren,
I just so happened to write a story about your parting shot way back in August of 2012!
http://lifeattheharriscountycriminaljusticecenter.com/murray-newman/democrats-who-endorsed-republicans
The DA’s office is no place for partisanship. Unfortunately, Allen Blakemore and the Anderson’s have proven to be very corrupt. I will write a story a little later today to prove my point further. I do think your very inaccurate about Democrats who support Republicans. Need to find some local Republicans who support Democrats.
Warren Fawcett says
Don, with all due respect, your link proves my point. The most recent examples are at least a couple of years old and are not a recommendation to Democrats to vote for a Republican. Most of the recent ones are Rodney Ellis commenting on the performance of an elected Republican official and that nut job that ran on the Democrat ticket in the last election. The only true endorsements in that link go back to the ’80s. Unfortunately, partisanship rules the day in this era. I agree that the DA’s office should not be partisan, but I firmly believe that it will be if Ogg is elected. The Dems will be thrilled beyound belief if they get ahold of the DA’s office.
Why, on Earth, do we need to find local Republicans who support Democrats?
I look forward to reading your article about DA Anderson’s alleged corruption. To say the least, I’m very skeptical.
Don Hooper says
Great Warren! Thanks for the opportunity. I will try not to be to inside baseball.
rkubosh says
In 2012, there were 10,519; 0-2 oz possession of marijuana charges filed by the Harris County DA. There were 114,554 total criminal cases filed by the DA’s Office the same year. That’s a little over 9{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986} of the cases filed were directly related to POM. I’m guessing that all these cases resulted in arrests. I can’t ever remember having posted a non-arrest bond on a 0-2 POM case ever in the 15 + years that I’ve been in the bail bonding business. The statue allowing cite and release “ticketing” was created by HB 2391 in 2007. It’s interesting to discover that this has become a campaign issue.
rkubosh says
RE: 2007 HB 2391: It’s my understanding that the state’s sheriff’s association asked for this legislation to be passed in an effort to reduce jail overcrowding. It’s also my understanding that hardly any county in Texas has been using it, except maybe Travis County. It appears that even though the law was passed years ago, I believe that it was never implemented because there wasn’t a good mechanism for implementing a program allowing ticketing of class “a” and class “b” misdemeanors. However, other factor may have existed preventing it’s implementation as well. It will be interesting to see what happens after the November elections have passed.
Tom Zakes says
I’m not affiliated with Devon Anderson’s campaign, but a simple distinction between a program that allows people not be prosecuted for marihuana and one that allows for non-prosecution of DWI is that state law specifically forbids deferred adjudication for DWIs. The argument against the DIVERT program in 2012 was that it was a back-door way of giving people deferred adjudication for DWI.
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