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Phone: (415) 444-7070
Email: criminal@marincourt.org
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 4:00pm
As part of the nation's war on drugs in the 1980's and 1990's, law enforcement relied on punishment and prisons
as its primary response to arrests for illicit drug use. The total number of people imprisoned in California for
drug possession quadrupled between 1988 and 2000. By the year 2000, over 20,000 individuals were imprisoned for
non violent drug possession. The costs of such incarceration, both financial and societal, became unsustainable.
States across the country began to look for new ways to deter drug offenders and steer them toward treatment.
On November 7, 2000 the voters of California approved Proposition 36 which has been called the most ambitious
program nationwide (Newsweek, March 3, 2008) and the most significant piece of sentencing reform since the repeal
of Prohibition in the 1930's. Click here
to see the Report of Drug Policy Alliance from March 2006. Proposition 36 mandates treatment instead of incarceration
for most nonviolent drug possession offenders.
The Court launched its Proposition 36 Court in 2003. The completion of drug treatment and compliance with other
terms of probation are monitored by the Court and Probation Department. A team approach is utilized with a dedicated
bench officer, district attorney, defense counsel, probation officer and clinical assessment/drug counselor managing
the participants. The team convenes weekly to review participant compliance and address violations. The participant
attends court frequently to meet with the team and address the Court. If the participant completes treatment and
complies with all terms of probation, including a sustained period of sobriety, the participant earns the right to
have the charges against him or her dismissed (in most instances). If the participant fails to complete treatment
or comply with the terms of probation the participant returns to the criminal court to face incarceration.
To date, the results of this drug treatment approach are promising. According to the National Association of Drug
Court Professionals, about one fourth of offenders who go through drug treatment are rearrested two years after
treatment, compared with two thirds of those who don't complete treatment. Statewide, only 36% of those engaged in
Proposition 36 actually complete their treatment. In Marin County, the completion of treatment rate hovers around
73%, one of the highest in the State. From a financial perspective, Proposition 36 saves money. The average cost of
drug treatment under Proposition 36 is $3,300 per person compared to $34,000 for a year in prison.
It is too early to tell whether Proposition 36 can deliver all that the voters intended it to. What the literature
and the experience of Marin County graduates does show is that participants have a chance to regain their health,
families and jobs and face much improved prospects with a reduced likelihood of relapse.
For more information, please contact the Probation Department at 499-6599.
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Collaborative Justice Courts
In Marin, several collaborative justice courts have been fully implemented in the last ten years. These include Adult Drug Court,
Juvenile Drug Court, Proposition 36 Court, STAR (Mental Health) Court and Family Violence Court. For more information
on these programs, please click on the links below.
Restorative Courts
The Marin Youth Court is an example of a restorative court program. For more information on Youth Court, please
click here.
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