San Marcos the first city in Texas to make “Cite & Release” policy not just a resolution, but binding law.
City Council’s 4-3 vote Tuesday night makes citations, not arrests, the default option for various low-level offenses.
Mano Amiga –– the grassroots organization based in Hays County –– claimed a major victory Tuesday night following a yearlong effort to persuade municipal officials to end excessive arrests for non-violent crimes such as marijuana possession, petty theft, criminal mischief and driving while license invalid. The draft ordinance was originally authored by Anita Gupta of Immigrant Legal Resource Center.
Mano Amiga had offered to postpone tonight’s scheduled vote out of respect for the tragic killing of an SMPD officer Saturday, but police leadership insisted on holding the vote according to Mano Amiga.
Karen Muñoz, chair of Mano Amiga’s Board, said, “While we’re elated the policy of “guided discretion” can serve as a model elsewhere across Texas, including in nearby Kyle, we now turn our focus to urgent reforms needed in Hays County, starting with accountability for District Attorney Wes Mau not yet honoring his timeline on Cite & Diversion –– although he found time to try to undermine our ordinance –– as well as ensuring Commissioners pursue a Public Defender’s Office by the end of May.”
Eric Martinez, policy director for Mano Amiga, said, “Today’s triumph marks the first step down a path that leads to greater liberation and justice for the people of Hays County via prudent modernization of our criminal legal system. We thank everyone who joined this shared effort to reduce unnecessary arrests, and also those who will continue to march alongside us as we pursue expanded transformation of our community for the better in weeks and months ahead.”
San Marcos is the largest city in Hays County, where minor marijuana possession has been the leading arrest charge since 2013. Under the ordinance, SMPD will no longer arrest for possession under 4 oz. Unless a disqualifying circumstance outlined in the policy applies.
Mano Amiga first presented the draft ordinance to Council in July 2019. The groundbreaking new policy is slated to take effect June 1, including a working group comprised of community stakeholders & municipal officials, designed after those in Austin’s Freedom City initiative. The final draft of the ordinance that passed placed the word only, back into the ordinance.