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2024

Marin grand jury calls for new jail complex

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The Marin County Civil Grand Jury says the county needs a new detention center to replace its adult and youth jails.

The investigative panel’s latest report — titled “Marin County Justice Center: A Model for Change” — says the two lockups in San Rafael are “dated, deteriorating facilities and do not comport with contemporary standards for a modern-day detention facility.”

The report recommends a campus-like site for juvenile defendants and adult inmates charged with low-level felonies or misdemeanors. The site would give those detainees better access to rehabilitative services, the jurors said.

The jury recommended that county supervisors initiate a study by next June that considers the creation of a detention center.

Marin County Sheriff Jamie Scardina has 60 days to respond to the grand jury report, and the Board of Supervisors has 90 days.

“I appreciate the time and effort the grand jury spent on this report,” Scardina said. “We look forward to reviewing the findings and recommendations, and we will respond appropriately.”

If the proposed detention center is built, the county should retain the current jail for inmates who pose a high security risk to other inmates and jail staff, the report said. The grand jury said Marin County Juvenile Hall should be closed if youth inmates are transferred to the new facility, where they would be housed separately from adults.

For their investigation, jurors confidentially interviewed employees from the sheriff’s office as well as the county’s probation and public works departments and the Department of Health and Human Services.

The sources raised concerns over matters such as the lack of medical facilities at the main jail, the challenge of treating inmates with mental health or substance abuse issues, and poor conditions at the juvenile jail.

The grand jury directed much of its criticism toward the design of the county’s $25 million jail, which was built into the hillside next to the Marin County Civic Center 30 years ago. The jail has 385 beds and 222 cells.

“The decision to bury the jail underground has eliminated any cost-effective or practical option to expand the physical facility,” the grand jury stated.

The report noted that the increasing number of inmates who need single-cell housing and the jail’s programming for inmates are limited by its physical capacity.

The jail lacks an infirmary, and inmates who need medical treatment must be transported elsewhere. The jury found that medical transportation is costly because at least one deputy is required to remain with an inmate during a hospital stay.

Last year, the county’s bill for one hospitalization was $156,000, excluding the cost of deputies, the report said.

The youth jail also lacks an infirmary. The staff calls 911 for emergencies.

Jurors also reported that Assembly Bill 109, which went into effect in 2011, led to a rise in inmates convicted of low-level felonies serving time in county jails rather than state prisons.

The past decade also had an increase in inmates who have mental health or substance abuse issues. Two-thirds of inmates have a mental health disorder and 70% of inmates had a substance abuse history, jurors learned from interviews. Jurors said a new detention center could include mental health and substance abuse facilities.

The grand jury said a smaller jail is needed for juvenile inmates. The current site has a capacity of 40 detainees but an average daily population of only eight, the report said. It suggested moving youths to the proposed Marin County Justice Center for access to its food, medical and mental health facilities.

The report noted that maintenance workers use “MacGyvering” skills to keep equipment functioning long past its expected life at the 1960s-era juvenile jail. It also noted a continuing sewage backup problem there.

The report said that the public works staff is “performing the bare minimum maintenance and making capital improvements only when absolutely necessary to keep the facility ‘limping along.’”

Charles Dresow, a defense attorney in Marin, said the grand jury’s recommendations make sense.

“The changing dynamics of both adult and juvenile justice require different facilities than we have now,” he said.

Lisa Warhuus, director of the Marin County Health and Human Services Department, said her staff is reviewing the grand jury report and will respond within the 90-day period.

Marin County District Attorney Lori Frugoli declined to comment on the report.

Scott Buell, the president of the Marin County Bar Association, said his organization does not have a position on the report yet.

“We are currently reviewing the findings and will continue to evaluate the implications in the coming days,” he said.