Res 2020-137/expressing the Council’s support of Hays County Implementation of Cite and Divert

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RESOLUTION NO. 2020-137R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SUPPORTING AND ENCOURAGING IMPLEMENTATION OF A PROPOSED CITE AND DIVERT PROGRAM BY THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE FOR CITATION -ELIGIBLE OFFENSES; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: RECITALS WHEREAS, under Section 14.06 of the Texas Code of Criminal Procedure, law enforcement officers are authorized to issue citations instead of arresting individuals suspected of having committed certain Class A and Class B Misdemeanor offenses; and WHEREAS, individuals cited and released for such offenses must still appear in court, enter a plea, and risk conviction of a crime that could result in imprisonment and establishment of a criminal record; and WHEREAS, the Hays County Criminal Justice Reform Committee has received a presentation by Hays County Criminal District Attorney Wes Mau regarding a proposed Cite and Divert Program; and WHEREAS, under a Cite and Divert program, an individual who has been issued a citation for an eligible Class A or Class B Misdemeanor offense and released in the field by a law enforcement officer would meet with a prosecutor, instead of appearing before a magistrate to enter a plea; and WHEREAS, in the initial meeting the prosecutor would determine if the individual meets the criteria established for participation in a Cite and Divert program and offers the individual the opportunity to enter an agreement to attend training or educational sessions, perform community service, and complete any other program requirements; and WHEREAS, upon completion of Cite and Divert Program requirements, the individual would not be formally charged with commission of the offense for which the citation was issued and would not have the offense appear on his or her record; and WHEREAS, the San Marcos City Council has already expressed its support for the San Marcos Police Department to increase the use of the cite and release process and finds that a Cite and Divert Program would further benefit those members of the community whose conduct may not warrant prosecution and conviction of a criminal offense if they are willing to appear and successfully complete the program requirements.