Policy Text
Work Release Division Page 1 of 2 4/05 (REV 5/16)
Legal Process Service of Participants
The purpose of this Operations Or der is to outline the process for serving legal process
papers on incarcerated prisoners assigned to the Sheriff’s Work Release Division and in
compliance with Penal Code 4013. For the purpose of this Order, S ection 4013 of the California P enal Code summarily
states:
“A sheriff or jailer is obligat ed to provide prisoners access t o any paper served on
them as part of judi cial proceedings.”
I. Policy
Service of legal process papers shall be accepted by staff and served without
delay on any incarcerated inma te assigned to the Work Release D ivision.
II. Service Procedure
When a person seeks to serve a judicial paper (summons, subpoen a, etc.) on
any participant assigned to the Work Release Facility, officers will verify the
subject is on Home Detention or on the Sheriff’s Work Project P rogram.
A. Home Detention Participant
1. If the participant is on Home Detention, the officer will de termine if
the participant is physically prese nt at the Work Release Facil ity.
2. If the participant is pres ent, the officer will make the par ticipant
available for service.
3. If the participant is no t present, the officer will:
a. Advise the person seeking to s erve the judicial papers that
the participant is not present.
b. The officer will not provide any contact information regardi ng
the participant which is obtain ed from any Department data
(including computer databases) th at is not accessible to the
public. (Refer to General Order 10/8, Use of Department Computer and Network.)
Work Release Division Page 2 of 2 4/05 (REV 5/16) B. Work Project Pr ogram Participant
1. If the participant is on the Wo rk Project Program, the offic er will
verify if the participant is on the program.
2. The officer will provide t he server with the following:
a. A job site location
b. The days the particip ant works at that site
c. The job site officer’s name d. Verbally direct the server to contact the job site officer
3. Job Site officer’s responsibilities:
a. When contacted, the job site officer will note the following on
the reverse side of the roster sheet:
(1) Participants name (2) Process server’s name (3) Date and Time (4) Whether service was accomplished or not (5) If not, note reason
b. Upon return to the Work Releas e Facility, the job site offic er
will provide the Fi eld Supervisor with the information
regarding the attempted service.
4. The days the particip ant works at that site
5. The job site officer’s name
6. Verbally direct the server to contact the job site officer
Related Orders: General Order 10/08, Use of Depar tment Computers and Network
References: California Penal Code, Section 4013