Policy Text
2/03 (rev. 08/03)
CIVIL DIVISION – CIVIL BENCH WARRANTS
I. Purpose
The purpose of this Operations Or der is to provide guidance in the processing
and serving of civil bench warr ants by Civil Division personne l. The requirements
for content and processing of Civil Bench Warrants can be foun d in related
statute law and the California State Sheriff’s Association Civ il Procedural Manual
(CPM).
II. Policy
It shall be the policy of the Civil Division not to take physi cal custody of civil
defendants. These individuals wi ll be booked int o jail only af ter all other
alternatives have been exhausted.
III. Clerical Res ponsibilities
Clerical personnel will review and accept Civil Bench Warrants submitted to the
Sheriff’s Department for service as follows:
Insures the document meets the r equirements set forth in the C PM
Accepts and deposits appropr iate fees for service
Generates a file
Enters information into the curr ent Civil Automated System, pr ints out
required documents for field se rvice and routes the file to the field
supervisor for assignment.
Insures appropriate court returns are completed and closes fil e upon
completion of service.
IV. Field Supervisor Responsibilities
The field supervisor will revi ew the file and assign it to the appropriate deputy for
service.
Insure the file is complete and meets the requirements set for th in the
CPM
Access the department’s computer systems to provide officer sa fety
information to the serving deputy.
V. Field Deputy Responsibilities
Accesses the department’s computer systems to satisfy his/her need for
officer safety
Obtains, from the defendant, the ba il amount specified in the warrant to
help insure appearance in court if possible
2/03 (rev. 08/03)
CIVIL DIVISION – CIVIL BENCH WARRANTS
Sets a court date t hat complies with the directives of the cou rt and then
releases the defendant with a current “Notice/agreement to Appe ar”
Due to the housing requirements of persons arrested on Civil B ench
Warrants, defendants will be book ed only under the following
circumstances:
♦ When sufficient funds are deposited at the time the file is opened
♦ Upon the direct order of a J udicial Officer, and then only i f it is not
possible to bring the defendan t immediately to the Judicial Officer’s court
♦ When additional criminal acts require booking (criminal warr ants, fresh
criminal charges, etc.)
♦ If, in the deputy’s opinion, i t is the only way to insure th e defendant’s
appearance in court
After attempts to locate the defendant have been exhausted, th e deputy
insures the file is returned to the appropriate clerical staff to be closed
upon completion of service.
References: California Penal Co de, California Code of Civil Pro cedure, CSSA Civil
P r o c edural Manual