Pubdate: Thu, 02 Oct 2014
Source: Houston Chronicle (TX)
Copyright: 2014 Houston Chronicle Publishing Company Division, Hearst Newspaper
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198
Author: Brian Rogers
Page: A1

DA POLICY ON ARRESTS FOR POT IGNITES SQUABBLE

Ogg Argues She Originated Plan to Decriminalize Possession

A move to decriminalize the possession of small amounts of marijuana 
emerged Wednesday as a major issue in the contentious race for Harris 
County district attorney with both candidates claiming ownership of the idea.

At a news conference, Republican Devon Anderson, the incumbent, said 
that beginning Monday, nonviolent first offenders carrying less than 
2 ounces of marijuana will be able to escape prosecution by 
performing eight hours of community service or going through a drug 
awareness class.

"We are targeting the people we believe are self-correcting and will 
be 'scared straight' by being handcuffed and transported," Anderson 
said. "Our goal is to keep these individuals from entering the 
revolving door of the criminal justice system."

The announcement, a month before Anderson faces Democrat Kim Ogg in 
November's election for district attorney, brought harangues from the 
challenger who in August announced her idea for dealing with 
misdemeanor marijuana possession.

"This is not a new plan," Ogg said. "It's a 'me too' program by a 
candidate who has shifted her position with the winds of political change."

If elected, Ogg has said police officers will simply ticket 
misdemeanor marijuana suspects, even repeat offenders, and require 
them to spend two days picking up litter around Houston's bayous.

Ogg said her program would save an average of $10 million a year in 
jail, court and prosecution costs by diverting about 12,000 offenders annually.

Anderson's six-month pilot program is different because it only 
affects first offenders, about 2,000 people a year, the incumbent 
said. It also requires police officers to take suspects to a police 
station, write an offense report and catalog the evidence.

While they may sound similar, the two plans are fundamentally 
different because of their primary goal. Ogg's plan is an effort to 
keep police officers on the street to catch more serious criminals. 
Anderson's plan is a move to get first offenders to stop using the 
illegal drug before it affects their future.

At a news conference Wednesday, Anderson said she had been working 
with law enforcement agencies and others for the past year to put 
together a plan that would work for all stakeholders.

Standing next to Harris County Sheriff Adrian Garcia and Houston 
Police Chief Charles McClelland, Anderson said the program may later 
be expanded to include other nonviolent drug offenses. Houston's two 
largest law enforcement agencies are the first to participate in the program.

"This is a chance to understand the mistake and understand the 
dangers that narcotics and drug use can bring," Garcia said. "But you 
must heed the warning. If you don't comply with this program, you 
could find yourself in the Harris County jail."

Beginning next week, nonviolent first offenders caught with less than 
2 ounces of marijuana, the threshold for a Class B misdemeanor, will 
still get a ride to a police station where they'll be fingerprinted 
to confirm their identity and lack of a criminal record.

If they qualify, they will be released and allowed three days to make 
an appointment with the county agency tasked with monitoring suspects 
out on bail.

If suspects do not successfully complete the program's requirements, 
class B misdemeanor charges will be filed and an arrest warrant will 
be issued, Anderson said. If convicted, suspects face a maximum of 
six months in jail and a $2,000 fine.

Garcia and McClelland said the program would also get officers back 
to patrol faster.

After fingerprinting suspects, confiscating the potential evidence 
and creating an offense report, police officers will be able to go 
back to patrol. Filing formal charges, McClelland said, can take hours longer.

"On many occasions, when my officers spend 3 or 4 hours filing these 
charges, sometimes the offender can post bond almost before the 
officer returns to patrol duties," HPD's chief said.

Ogg disagreed with the analysis, saying Anderson's plan still 
requires arresting officers to spend at least three hours processing each case.
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MAP posted-by: Jay Bergstrom