We, the undersigned Hays County residents, believe in the urgent need of criminal-justice reform locally.

CITE & DIVERT

As individuals who either live, worship, work or shop in San Marcos and Kyle, we believe Cite-and-Divert policy is a crucial step for these Police Departments to not arrest for offenses such as marijuana possession, minor theft, and driving with an invalid license.

Texas state law allows local law enforcement to stop arresting for numerous minor offenses, and neighboring cities Austin and San Antonio have passed comprehensive Cite-and-Divert policies; in Austin alone, arrests for low-level offenses have since reduced a total of 57 percent. L.E.A.D, Law Enforcement Assisted Diversion, is one type of highly effective diversion that could be enacted in Hays County.

Cite-and-Divert and decriminalization of minor offenses are common-sense policy; in Hays County, since 2013 low-level marijuana possession has been the top arresting charge. When individuals get charged for simple possession, they lose their opportunity to apply for school financial aid, lose their jobs or get denied access to basic public services such as public housing and health programs. Minor infractions should not stop someone’s ability to have a future.

Using Cite-and-Divert, as opposed to incarceration, will save local tax resources, will decrease the overpopulation of the Hays County Jail, and will help mend relationships between community members and elected officials.

PUBLIC DEFENDER’S OFFICE

Currently, far too many people in the Hays County Jail go without representation. Our court-appointed-attorney system is flawed and insufficient; only a limited number of attorneys are available to represent indigent individuals and they are not compensated at a competitive rate, thus incentivizing fast convictions or guilty pleas over adequate representation.

Equitable representation and due process are basic constitutional rights, so the County must invest in a Public Defender’s Office that will serve indigent defendants when they lack the ability to pay for their own attorney, especially because in addition to legal costs, individuals face other fees imposed by the court.

Our criminal legal system and courts must serve everyone regardless of economic background. In May 2019, despite a significant grant opportunity that would cover half the costs of a Public Defender’s Office over the first four years, county commissioners failed to put pursuit of the office for a vote. This lack of leadership, however, will not hold us back; the County has an opportunity in March 2020 to request funds from the Texas Indigent Defense Commission to establish a Public Defender’s Office.

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In sum, we, the undersigned Hays County residents, call for our local officials to urgently enact Cite & Divert policies as well as pursue a Public Defenders Office.