How To Qualify For Custody Alternative Programs In Marin County

In this article, you can discover…

• The basic eligibility requirements for custody alternative programs
• If violent offenses will disqualify you from custody alternative programs
• If you should still apply for custody alternative programs with multiple DUIs on your record

What Are The Basic Eligibility Requirements For Custody Alternative Programs?

If you are sentenced to jail in Marin County, you can apply for the Custody Alternative Program through the probation department. For sentences between one and 29 days, most individuals without a violent felony history or an open case in another county are almost always accepted. Judges often note eligibility for the program during sentencing, even if it’s not listed on the DA’s offer sheet or plea form.

For sentences of 30 days or more, the process involves the Custody Alternative Board, which will conduct an interview with you to determine your eligibility. In these cases, the board often requires some jail time along with participation in a custody alternative program.

For example, this could be a week in jail, followed by a week of alternative services. This is why attorneys often work to keep sentences under 30 days whenever possible. Client cooperation and mitigation are crucial: participating in self-help programs, DUI school, counseling, or other rehabilitation efforts demonstrates responsibility, which can influence both the DA’s offer and the board’s decisions.

Clients who are unwilling to engage in these steps are less likely to receive the full benefits of the program and may have to serve more jail time.

Are Violent Offenses Or Enhancements A Disqualifier?

Eligibility will depend on the nature of the violent offense in question.

The main concern is liability, especially for programs like the Sheriff’s Work Alternative Program, or SWAP, where participants are assigned to a public work site. Probation wants everyone to feel safe, and having someone with a serious violent history out in public could be intimidating to others or create potential legal exposure.

In such cases, the individual may be assigned to home detention instead of SWAP. However, outright denials are uncommon. Generally, the more serious or recent the violent history, the greater the likelihood of being disqualified from certain programs.

Can Someone With Multiple DUIs Still Qualify?

Yes, individuals with multiple DUIs can absolutely still qualify for the Custody Alternative Program.
Even if we cannot get the number of days below 30, it’s worth applying because appearing before the Custody Alternative Board provides you with an opportunity to show contrition and demonstrate your commitment to addressing your underlying issues.

A showcase of the self-help programs you’ve completed, participation in counseling or AA, and other steps taken towards sobriety can help to influence the board’s decision. In some cases, this may allow you to complete the full sentence through alternative services, or at a minimum, reduce the amount of jail time required.

While some attorneys attend these meetings with clients, the board generally wants to hear directly from you about your efforts and commitment to change. Demonstrating accountability and a serious approach to sobriety is often key to being granted alternative custody options.

What Documentation Is Needed To Apply?

To apply for the Custody Alternative Program, your case must be fully resolved.

Once the court issues the final sentencing papers, typically via email from the clerk’s office, I forward them to my clients. These papers contain all the information needed to complete the probation portal application, including the case number, sentence length, and probation conditions.

It’s also important to bring valid identification, such as a driver’s license or passport. Bringing your sentencing paperwork is also helpful, though probation generally already has a copy. Having these documents ensures the process goes smoothly and avoids any unnecessary delay.

Is There An Interview Or Intake Screening Process?

The intake process for the Custody Alternative Program begins with the probation portal. Through the portal, probation reviews your background and determines your eligibility, as well as which program you will likely be assigned to. They do not confirm the exact program at that stage; the final assignment occurs on the day of your surrender or remandate.

After compiling the initial booking at the sheriff’s office, you’ll report to Room 265 at the probation office, where they will officially assign your program. While the assignment is typically straightforward, there is some room to discuss adjustments based on health or physical limitations.

To ensure the best outcome, it’s important to provide accurate information about any medications, surgeries, or physical restrictions, both in the portal and in person at the probation office. This information can influence whether you are assigned to a worksite program or to home detention with electronic monitoring.

Are There Waitlists Or Delays For Entering These Programs?

The only delays typically occur when probation is slow to respond. Their website notes that they will contact you within a week or two before your remand or surrender date, but in recent months, responses have sometimes come just two or three days prior.
To avoid issues, I advise my clients to answer all calls in the two weeks leading up to their surrender, even if they appear to be from blocked numbers, and to follow up with emails or calls if they haven’t heard anything.

Delayed responses are often due to staffing shortages, as Marin County probation and the clerk’s office are handling large caseloads with fewer employees.

It’s very important to be courteous when communicating with probation staff, as professionalism and politeness can make the process smoother and reduce potential complications.

Can I Reapply If I’m Initially Denied?

There’s an appeal process for everything. There is definitely a way to address a denial, even though the website does not explicitly outline an appeals process. In my experience, since the implementation of the new portal, denials are rare.

If you are denied, I recommend that you contact your attorney immediately. Your attorney can reach out to the probation office to determine the reason behind the denial, which may involve providing additional information or, in some cases, appearing before the Custody Alternative Board.

Denials are often related to incomplete information or past convictions that require clarification. If this happens to you, it’s important not to give up. The best thing you can do is work closely with your attorney, who will help you navigate a reapplication or the appeal process.

Still Have Questions? Ready To Get Started?

For more information on qualifying for the custody alternative program in Marin County, an initial consultation is your next best step.

Get the information and legal answers you are seeking by calling (415) 223-7290 today.