At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: San Rafael (415) 520-7182 | San Francisco (415) 520-6815
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The Custody Alternative Program, also known as Jail Alternative Services in Marin County, California, is essentially a way to avoid serving actual jail time. When someone is convicted of DUI, a jail sentence is sometimes part of the penalty. This usually happens in cases involving prior DUIs, very high alcohol levels, accidents, or injuries.
Typically, a DUI conviction comes with three years of unsupervised probation, though sometimes it can be supervised. The maximum penalty for a misdemeanor DUI is six months in jail, but instead of spending that time in jail, the Custody Alternatives Program allows you to apply through the Marin County Probation Office and complete your sentence in one of three ways:
The application itself is done through the probation department’s online portal. I’ll provide you with the link and walk you through the application process.
In short, the Custody Alternative Program provides a much better option than serving time in jail, and it’s something I help clients navigate in every DUI case, which are the cases I handle exclusively in my practice.
These programs are overseen by the probation department in Marin County.
The way that it works is, let’s say you are sentenced to five days in jail, but you qualify for Jail Alternative Services. As long as you do not have an open criminal case in another county and no serious violent convictions in your past, you’ll most likely qualify.
At your final court date, when you are sentenced, the court will set a “surrender date” or “remand date.” On that date, you report first to the Sheriff’s Office in Room C-24 at the Marin County Courthouse for a quick booking, where they’ll take your picture and fingerprints. From there, you go upstairs to Room 265, the probation office, where probation will assign one of the programs to you.
The probation department supervises the program, and they also enforce compliance. If you are disrespectful during the work program, fail to complete the cognitive skills course, or violate conditions of electronic monitoring, probation can remove you from the program and require you to serve your time in jail instead. This is why I also stress to my clients the importance of following the rules and “passing the attitude test.”
For over 30 years, attorney Aaron Bortel has represented residents of Marin County charged with DUI, helping them navigate both legal and administrative challenges. With his extensive knowledge of the court system, DMV procedures, and custody alternative programs, he will provide clear guidance and personal support every step of the way.
Still have questions? Ready to get started? Contact The Law Offices of Aaron Bortel today to schedule an initial consultation.
When you apply through the probation portal, they’ll ask you a series of questions about your health, medications, and/or any physical limitations you may have. From there, they follow general guidelines based on how many days of custody your sentence requires.
For example, one to seven days is usually the cognitive skills course, eight to fifteen days is typically the sheriff’s work program, and 16 to 29 is usually home detention with electronic monitoring.
That being said, these are just guidelines. Availability, health issues, or other circumstances can affect the decision of what program you’re assigned. For instance, someone with medical conditions or mobility issues is more likely to be placed on electronic monitoring rather than assigned to a worksite. Ultimately, probation makes the final determination.
It is important to remember that it is your responsibility to confirm that the probation department has received your application. Their website says that they usually respond one to two weeks before your surrender date, but in practice, we often see responses come much later, sometimes only a few days before.
If you haven’t heard back from them, I always advise my clients to call or email until they receive a response. If you show up for your remand date and probation didn’t process your application, the Sheriff’s Office could take you straight into custody. In some cases, they may direct you to probation to try to fix the issue, or they may require you to set a new court date. But the risk of being taken immediately to jail is there.
If that happens, the only silver lining is that jail and alternative programs are served at half-time. So if you are sentenced to four days, you may only serve two. Still, the process can be stressful, and if a mix-up occurs, a warrant can be issued for you. We’ve seen cases where sheriffs go to a person’s home shortly after a missed remand date to execute a warrant. It is taken very seriously in Marin County.
The bottom line is that it is up to you to make sure the process is handled correctly. Problems often arise when attorneys from outside the county do not clearly explain the steps or withdraw from the case before you apply for the program. Miscommunication can and will lead to jail time.
That’s why it’s important to have an experienced Marin County DUI attorney at your disposal. I walk my clients through every step of the process, confirm their applications, and troubleshoot any issues with the online portal. Being careful and proactive is the best way to avoid unnecessary jail time.
Electronic monitoring, also called home detention, is one of the custody alternatives available in Marin County.
How it works is after your surrender date, you first check in with the Sheriff’s Office for booking, then go upstairs to probation. If you’re assigned electronic monitoring, they’ll send you down the hall to get fitted with the ankle bracelet. It’s a hard plastic strap worn above the ankle bone and stays on for the duration of your sentence.
The length of time is reduced by any custody credits you already earned, plus the standard “half-time” credit under California law. For example, a 16-day sentence might translate to only about seven days on the monitor. You’ll also be given a home device to keep the bracelet charged.
While on monitoring, you can go to work and are usually allowed a limited time out for essentials like grocery shopping. But you must avoid water – no baths, pools, or hot tubs. Tampering with the device can result in fines or jail time. The good news is that Marin County now covers the cost of monitoring, unlike in the past when private companies charged $10-$40 per day.
There’s also another type of electronic monitoring called a CAM or TAD device, which tracks alcohol use. Judges often require this for second DUIs or even for first offenses with a blood alcohol level of 0.20 or higher. It’s commonly imposed as a pretrial condition to ensure sobriety while the case is pending. This is something many attorneys outside Marin County may not expect, but it’s standard practice here.
For over 30 years, attorney Aaron Bortel has represented residents of Marin County charged with DUI, helping them navigate both legal and administrative challenges. With his extensive knowledge of the court system, DMV procedures, and custody alternative programs, he will provide clear guidance and personal support every step of the way.
Still have questions? Ready to get started? Contact The Law Offices of Aaron Bortel today to schedule an initial consultation.
The Sheriff’s Work Alternative Program, or SWAP, is another one of Marin County’s main jail alternatives.
The way it works is after your surrender date at the Sheriff’s Office, you go through booking, then meet with probation upstairs. If you’re assigned to SWAP, probation will connect you with the Sheriff’s Office to schedule your days. The program typically applies to sentences of eight to 15 days, and you’ll usually be required to work at least one day per week. Each workday lasts about eight hours.
Most assignments involve supervised trash pickup, either around the Marin Civic Center or in parks and public spaces in San Rafael or Novato. Occasionally, participants may be placed at facilities like Helen Vine Detox Center, though that’s far less common today. You won’t be asked to do heavy or dangerous labor, and many people find it far easier than their regular jobs.
It’s important to note that probation requires participants to be drug and alcohol free. While testing is rare, if someone shows up and appears under the influence, they may be denied entry or removed from the program.
Weekend jail is something that counties used to do much more often, but most have phased it out. The idea was that you could work during the week and then serve your time on the weekends. You’d check in Friday afternoon or Saturday morning, get booked into jail, and be released a day or two later so you could return to work on Monday.
The main problem was that every booking requires full searches, and authorities found that weekend jail created one of the main ways contraband was getting into facilities. Because of that, most counties, including Marin, no longer offer weekend jail as an option.
The most important role of an attorney is explaining your options and guiding you through the process of signing up for these programs. During a thorough intake with any new client, I answer all questions up front so you know what to expect during each step of the process.
For many people, the two biggest concerns are: “Am I going to jail?” and “Am I going to lose my license?” When it comes to jail time, that’s when we discuss the Custody Alternative Program.
An experienced attorney can show you exactly how the portal works, explain the questions you’ll encounter, and ensure your answers are accurate. Especially regarding medical limitations, since probation may deny eligibility if they think someone is intentionally misleading them.
Many clients call or text me while completing the portal, asking how to answer specific questions. That’s why I provide my cell number, so clients can reach me directly if they have any problems.
Many attorneys only have secretaries or automated systems available, but I make sure my clients can reach me directly. I may not always respond instantly if I’m in court or a meeting, but I prioritize returning calls and messages faster than most attorneys. Being able to reach your attorney, especially evenings and weekends, is critical. Especially when you’re going through a stressful process and need that reassurance.
For more information on 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 San Rafael (415) 520-7182 | San Francisco (415) 520-6815 today.
For over 30 years, attorney Aaron Bortel has represented residents of Marin County charged with DUI, helping them navigate both legal and administrative challenges. With his extensive knowledge of the court system, DMV procedures, and custody alternative programs, he will provide clear guidance and personal support every step of the way.
Still have questions? Ready to get started? Contact The Law Offices of Aaron Bortel today to schedule an initial consultation.
