S152ReceiptOfProcess ST.pdf

Chapter I

Administration &

Management

Policy #:

S152

References:

Page 1 of3

General Administration

Receipt of Process

Date of Issue:

January 1, 2000

Approved:

Steven W. Tompkins, Sheriff

Effective:

March 2016

Purpose

To establish uniform procedures for the receipt and, if applicable, distribution of service of process and to ensure that only authorized individuals shall accept service on behalf of the

Department, its inmates or its employees.

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 Office of the General Counsel

(OGC), 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 OGC 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 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 OGC, unless delivered in accordance with sections 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 AM - 5:00 PM)

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

They must immediately notify either the OGC, CAD or HRD.

2. Only the OGC 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 OGC may accept the process.

4. Any court order received by mail shall be immediately hand-delivered to the OGC 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/her designee to determine if the document requires immediate attention.

E. Service Of Process On Inmates

1. Suffolk County deputy sheriffs may serve inmates; 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 (uniformed), a division manager (if non-uniformed), or the Superintendent. Copies of any such documents shall be promptly delivered by the employee to the OGC at the Jail within twenty-four (24) hours of receipt.

2. In addition to the notification specified in section I-D-2. above, the Shift

Commander or division manager shall immediately notify the General Counsel any

S152: Receipt of Process Page 3 of 3 time s/he becomes aware of any process that is, has been, or will be served upon the

Department, the Sheriff, or any Department employee.

3. The Records, Transportation, Medical and HR offices or divisions 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 capacities need not be coordinated with the OGC 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. In certain situations involving prosecution of inmates for assault on Department staff, SID may be authorized to accept service of process from the Office of the

Suffolk County District Attorney for distribution to affected staff. In such cases, copies of each subpoena must be provided to the OGC immediately upon receipt, and service must be made on the affected staff as soon as possible. SID will prepare a list of those receiving subpoenas and the dates and times they were served for submission to the Superintendent and General Counsel.

6. The OGC 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.