Memo: Response to Proposed and Approved Changes to the General Orders Received June 2021

OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20P0
June 25, 2021
Joseph Chacon, Interim Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
RE: Response to Proposed and Approved Changes to the General Orders Received June 2021
Dear Chief Chacon:
E
On June 10, 2021, OPO received notification of proposed changes to the APD General Orders related to
the following:
1. 319.1.1 Arrests Requiring Supervisor Approval
2. 618.6.2 Submitting Narcotics and Narcotic Paraphernalia
OPO has reviewed the proposed changes. Attached to this memorandum, you will find OPO's initial
feedback on these changes, specifically the areas in which there remains room for improvement.
We look forward to our collaboration with APD to address the issues identified by OPO to improve these
policies to benefit the community and APD's sworn personnel.
Sincerely,
Farah C. Muscadin, JD
Director
UNDED
1839
1
OF
ALUSTA
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
POUNDED
COMPLAINT HOTLINE: 512-972-20PO
OPO Response to Proposed GO Changes
319.1.1 Arrests Requiring Supervisor Approval
Requirement to include justification and approving supervisor's name in the arrest report
Proposed revisions would add new arrest guidelines for Possession of a Controlled Substance (POCS) or
Delivery of Controlled Substance (DOCS) when the weight of the substance is less than 1 gram. The
proposed language would, in such circumstances, also add a requirement for officers to add the following
to related arrest reports: (1) the name of the supervisor who approved the arrest and (2) the justification
for the arrest in lieu of citation.
The General Orders should be revised to include the above reporting requirements as blanket reporting
requirements for all arrests under General Order 319.1.1. However, to the extent that other sections of
the General Orders already have such requirements (e.g., GO 308.3 Misdemeanor Citations), the
reference here will reiterate the requirements.
Factors should be reviewed to ensure alignment with the Travis County District Attorney policy
On the APD policy revision form, the "brief reason" given for this revision includes a summary of the
Travis County District Attorney's policy related to POCS or DOCS cases of less than 1 gram. In addition,
the factors to be considered by supervisors in approving an arrest in lieu of a citation are listed as follows:
Risk of potential harm or violence to the involved persons or the community;
Connection to a high-priority or higher level felony case; or
Other articulable special circumstances.
This is described on the APD policy revision form as a non-exhaustive list.
APD's proposed revisions to General Order 319.1.1 state that supervisors should consider the following:
If an arrest would stop existing criminal conduct (other than the possession case);
If an arrest would remove the imminent threat of violence or criminal conduct;
If an arrest would prevent a person from endangering themselves or others; and
if an arrest would further the investigation of a more serious crime.
The second factor to be considered-whether - the arrest would remove the imminent threat of violence
or criminal conduct-should be reviewed to ensure that it aligns with the reported guidelines set forth by
the District Attorney. As with the first factor, qualifiers may be necessary here. First, a qualifier may be
necessary to exclude criminal conduct related to the possession (e.g., POCS less than 1 gram turning into
DOCS less than 1 gram). Second, another qualifier may be necessary to clarify that supervisors should
2
OF
AVENUE
P.O. BOX 1088, AUSTIN, TEXAS 78767
CHIL
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
consider whether the arrest would remove the imminent threat of violence or criminal conduct
connected to a high-priority or higher felony case.
The fourth requirement-whether - an arrest would further the investigation of a more serious crime-
should also be reviewed to ensure that it aligns with the reported guidelines set forth by the District
Attorney. In particular, the reported District Attorney guidelines are specific: the arrest should be
connected to a high-priority or higher-level felony case. APD's guidelines are broader: the arrest would
further the investigation of a "more serious crime." This interpretation potentially goes beyond what
would be actionable under the District Attorney's policy.
618.6.2 Submitting Narcotics and Narcotic Paraphernalia
No immediate comments.