S152ReceiptOfProcess.pdf

Chapter I

Administration & Management

Policy #:

S152

References:

ACI: 3-4023

3-ALDF-1A-20

General Administration

Receipt of Process

Date of Issue:

January 1, 2000

Approved:

Andrea J. Cabral, Sheriff

Effective:

January 2013

Purpose

To establish uniform procedures for the receipt of service of process and to ensure that only authorized individuals shall receive service on behalf of the Department.

Policy Statements

I. Process shall be defined as any legal document that calls upon the Department, Suffolk

County, the Sheriff, or a Department employee to appear somewhere or perform some act in his/her official capacity.

II. This policy shall also apply to the service of process on an employee in his/her personal capacity, or any inmate in the custody of the Department.

III. Only persons authorized under this policy are permitted to receive process on behalf of the Department, Suffolk County, the Sheriff or a Department employee.

Procedures

I. Acceptance Of Process

A. Authorized Representatives

1. Department policy permits representatives of the General Counsel's office, the

Custody Assessment Division (CAD), and the Human Resources Division (HRD) to sign for or otherwise accept a summons, a subpoena, a complaint or other court order. Whereas the General Counsel’s office will handle all process served on the Department, CAD will manage all process served upon inmates, the Records Office will accept and respond to all court requests for inmate institution records, the Health Services Administrator (HSA) will accept and respond to all requests for inmate medical records, and HRD will accept and respond to all requests for employee records.

2. No documents, orders, records, or other items are to be delivered to individuals within the institution unless first coordinated with the General Counsel's office, unless delivered in accordance with section IB or IE, below.

3. Any fees accompanying the subpoena shall be delivered to the individual accepting service and forwarded to the individual responsible for the Department’s response.

Said individual shall forward the fee, whether cash or check payable to SCSD, to the Director of Financial Services, together with a copy of the subpoena, for deposit.

S152: Receipt of Process Page 2 of 3

B. Inmate Records

1. Routine documents such as writs of habeas corpus ("habes") are an exception to section I., A., 1.

2. Immigration or federal marshal detainers, restraining orders and warrants will only be accepted by representatives of the Record’s Office.

3. Keeper of the Records subpoenas for inmate records may be accepted by any

Records Office personnel.

C. Delivery of Process During Normal Business Hours (9:00 a.m. - 5:00 p.m.)

1. Officers assigned to the lobby or Central Control cannot accept service of process.

They must immediately notify the General Counsel's office.

2. Only the General Counsel's office at the Jail is authorized to accept service of process on behalf of the Commonwealth, the Department, the Sheriff, or any employee who is being sued in his/her official capacity as a Department employee.

3. If the General Counsel, a Deputy or Assistant General Counsel is unavailable, an administrative assistant from the General Counsel's office may accept the process.

4. Any court order received by mail shall be immediately delivered to the General Counsel's office at the Jail.

D. Delivery Of Process After Business Hours, Weekends And Holidays

1. Process servers should be directed to return during normal business hours unless it is an emergency.

2. The Shift Commander shall then immediately notify the Duty Officer by telephone of the receipt. The Duty Officer shall immediately contact the General Counsel or his designee to determine if the document requires immediate attention.

E. Service Of Process On Inmates

1. Suffolk County deputy sheriffs may serve inmates and detainees; all other process servers must obtain prior authorization from the Superintendent; CAD will normally handle service of process on inmates.

2. Suffolk County deputy sheriffs wishing to serve an inmate during normal business hours shall contact CAD or the Shift Commander, who will make arrangements for the service on the inmate.

3. After normal business hours, all process servers will be directed to return during normal business hours.

4. Service of process within the institution by anyone other than a Suffolk County deputy sheriff shall be made at the discretion of the Superintendent, in accordance with the operational needs of the institution.

F. Receipt Of Process By An Employee

1. Any employee who receives a summons, subpoena, or order in their capacity as a Department employee, other than a routine mittimus or writ of habeas corpus, shall immediately notify the Shift Commander or the Superintendent. Copies of any such documents shall be promptly delivered by the employee to the General Counsel's office at the Jail within 24 hours.

2. In addition to the notification specified in section I., D., 3. above, the Shift Commander shall immediately notify the General Counsel any time he or she becomes aware of any process that is, has been, or will be served upon the Department, the Sheriff, or any Department employee.

S152: Receipt of Process Page 3 of 3

3. The Records, Transportation, Medical and Personnel Administration Offices will immediately notify the Superintendent and the General Counsel of any written or oral court order or process which is either unusual, calls for any change in Department policy or procedures, or otherwise indicates that an extraordinary measure or procedure take place.

4. Service of process on an inmate or an employee in their personal capacity need not be coordinated with the General Counsel's office and must be served on and accepted by that individual. However, the Records Office must be notified of all process served on an inmate in case a copy is required for the inmate's record, or transportation to court must be arranged.

5. The General Counsel’s Office is also available to provide guidance to any of the above divisions on questions they may have concerning this policy.

G. Receipt of Special Mail

1. The only individuals permitted to sign for the receipt of “certified” or “return receipt requested” mail is the addressee or someone from their office or division authorized in writing to do so.

2. If neither the addressee nor an authorized individual is available to sign for the mail, it must be returned to the USPS for subsequent re-delivery.

3. This prohibition does not apply to inmate mail.