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SUBJ ECT: POLICY #:

FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
I. Policy:

The First Chance Intervention Program is a pilot program offered through
a joint initiative of the Harris County Sheriffs Office, the Houston Police
Department, and the Harris County District Attorneys Office to first time
offenders who would otherwise be charged with Class B possession of
marijuana, 2 ounces or less. This is a voluntary program which gives
offenders a one-time opportunity to keep their record clean, and to avoid
the filing of a criminal charge. [CALEA Standard 1.1.3]
The penalty range for Possession of Marijuana, 2 ounces or less is up to
180 days in jail and/or a possible fine not to exceed $2,000.
This program will have a positive impact on resources related to law
enforcement, jail, prosecution and courts. It also recognizes the principal
that first offenders of low level, non-violent offenses are often self-
correcting without the need for more formalized and costly criminal justice
intervention.
II. Program Eligibility and Requirements:

A. Eligibility: Persons are eligible to participate if they are 17 years of
age or older and the offender;

1. Is detained or arrested for possession of marijuana, 2
ounces or less.

2. Possesses sufficient identifying information.

3. Has no additional charges incident to the detention/arrest,
other than Class C tickets.

4. Has no outstanding warrants or holds, including Class C
charges.

5. No criminal convictions as an adult, Class B offense or
above.






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SUBJ ECT: POLICY #:
FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
6. Has never received probation or deferred adjudication, Class
B offense or above.

7. Is not currently on bond, deferred adjudication or probation,
Class B offense or above.

8. Has not participated in this program previously or another
pretrial intervention program
B. Program Requirements - An offender must:
1. Must be 17 years of age or older.

2. Contact Pretrial Services within 3 business days of his/her
arrest and schedule an intake appointment.

3. Appear at Pretrial Services for an intake interview and a brief
assessment.

4. Participate for 60-90 days. Program length (60-90 days) and
program requirement (community service or cognitive class)
are determined at the intake interview. During which time
the offender must:

(1) Not break the law
(2) Pay a $100 program fee (may be reduced or waived if
indigent).
(3) Complete either 8 hours of community service or an
8-hour cognitive class, determined at the intake
interview.
III. Procedures:

A. When making an arrest for possession of marijuana, 0-2 ounces,
the Deputy shall determine if the arrestee is eligible to participate in





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SUBJ ECT: POLICY #:
FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
the First Chance Intervention Program. An offender is eligible to
participate if:
1. They have been arrested for possession of Marijuana, 2
ounces or less.

2. The offender has sufficient identifying information:
a. Some form of government issued photo identification
is preferable.

b. If this or other photo identification is not available,
deputies should use the department's computer
system, mobile computing device, portable
Automated Fingerprint Identification System, etc. to
confirm the validity of the personal information
provided by the person in custody.

3. Is a First-Offender.

4. Has no criminal convictions as an adult (Class B offense or
above)

5. Has no additional charges out of the arrest (other than Class
C tickets)

6. Has no outstanding warrants or holds, including Class C
charges.

7. Is not on Bond or Deferred Adjudication for a Class B
offense or higher.

8. Has not participated in this program or another pretrial
intervention program.







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SUBJ ECT: POLICY #:
FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
B. Procedures for Offenders who are Eligible:
1. If the offender is eligible to participate in the First Chance
Intervention Program, he/she shall be afforded the
opportunity to participate as outlined in this policy.

2. Exception: The on-duty supervisor may authorize the filing
of charges on an otherwise eligible offender when deemed
appropriate. In all such cases, the arresting deputy shall fill
out the top portion of Form DA-101 and note in the ARS
report which supervisor authorized the exception. Completed
DA-101 shall be Scan and email it to Precharge@justex.net.
If email is not available, fax form to 713-755-2929.

3. Call DA Intake to confirm probable cause. Transport offender
to substation.

4. DO NOT file a DIMS. Determine whether the offender is
eligible to participate.

5. Run a criminal history check to determine if the offender is
eligible as described above.

6. Run AFIS for IDENTIFICATION PURPOSES ONLY.

7. Offer the offender an opportunity to participate in the First
Chance Intervention Program if the offender is eligible as
describe above.

8. If the offender desires to participate, contact Pretrial
Services by phone at 713-755-6601 (answered 24/7) to
verify that he/she has not participated in this program before.






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SUBJ ECT: POLICY #:
FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
9. Complete the identifying information on the top portion of the
First Chance Intervention Program Notice from (Program
Notice form).

10. Explain that by signing the form, the offender promises to
contact Pretrial Services within 3 business days of his/her
arrest to schedule an intake appointment.

11. Explain that failure to call Pretrial Services or to appear at
the appointment will result in the filing of the charge, the
issuance of a warrant and his/her arrest.

12. Have the offender sign the Program Notice form. Include
any contact information.

13. Provide the offender with a copy of the Program Notice form
and release the offender from custody per Department
Policy and Code of Criminal Procedure Article 14.031.

14. If a supervisor authorizes the filing of charges on an
otherwise eligible offender, fill out the top portion of the
Program Notice form and initial that the filing of charges is
authorized.

15. After the Program Notice form is completed, Scan the form
and email it to Precharge@justex.net. If email is not
available, fax form to 713-755-2929.

16. Complete an ARS report (Include a scanned copy of the
Program Notice form).

17. All contraband shall be submitted as Evidence. Refer to
Patrol Bureau and Special Operations and Crime Prevention





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SUBJ ECT: POLICY #:
FIRST CHANCE INTERVENTION PROGRAM 512
CALEA STANDARDS REFERENCE(S): NO. OF PAGES:
1.1.3 6
SHERI FF
Har r i s Count y Tex as
Department Manual
Bureau Policy #212 Narcotics Evidence and Narcotics
Destruction.
C. Procedures for Offenders who does not desire to participate:

1. Explain that the charge will be filed immediately, bond will be
set, he/she will be booked in jail, and the case will proceed
through the courts.

2. Fill out the top portion of the Program Notice form and have
the offender initial that he/she does not desire to participate.

3. After the Program Notice form is completed, Scan the form
and email it to Precharge@justex.net. If email is not
available, fax form to 713-755-2929.

Revision:
This policy has been revised on the below listed dates:
September 18, 2014