Connecticut Sheriffs System Ch 4

The roles and responsibilities of sheriffs in Connecticut differ from their counterparts in many other states because of the absence of county government here. In order to understand these differences, this chapter contains information about the operations of sheriffs' departments in other states. It also contains information about alternative mechanisms used to perform the functions currently provided by sheriffs in Connecticut.

Sheriffs exist in every state except Alaska. In 47 states, sheriffs are elected. In Hawaii, the chief justice appoints the sheriffs, while in Rhode Island, the governor appoints sheriffs for each county. Sheriffs have criminal law enforcement responsibilities in most states.

The U.S. Department of Justice recently issued the results of its fourth survey of sheriffs departments throughout the country.[1] The results do not identify specific jurisdictions, but some of the data are grouped into categories such as staff size or population of the community served.

The preliminary data from the 1997 survey indicated the sheriffs' departments that responded to the survey employed approximately 263,000 workers full time. About two-thirds of these employees were sworn personnel. Nineteen percent of the latter were racial and ethnic minorities.

Nearly all of the sheriffs' departments surveyed had law enforcement responsibilities. Ninety-eight percent performed routine patrol services, 91 percent investigated crimes, 85 percent had drug enforcement responsibilities, and 84 percent enforced traffic laws.

Nearly all of the departments also performed some court-related functions. Overall, 98 percent served civil process, and 95 percent performed court security duties. Eighty percent of the sheriffs' departments operated a jail.

In 1997, 11 percent of the sheriffs' departments required applicants to have completed at least some college course work, while 1 percent required a four-year degree and 7 percent a two-year degree. Other screening procedures used by more than 90 percent of the departments were criminal record checks, background investigations, and medical exams. Three-quarters also required psychological exams, and 59 percent used physical agility tests. The classroom and field work requirement for new deputies averaged 900 hours combined. Three-quarters of the departments also had in-service training requirements, with an annual median of 20 hours.

Starting salaries ranged from $19,400 to $30,200; the national average was $26,000. Nearly half of the departments authorized collective bargaining.

In the full report on the 1993 survey, only 10 percent of the full-time officers working for sheriffs’ departments with 100 or more sworn personnel had courtroom functions. Only 6 percent of the departments operated lock-up facilities with limited holding times.

In December 1996, the Connecticut Office of Legislative Research prepared a report describing some of the characteristics of the operations of the sheriffs' departments in the other five New England states. Table IV-1 summarizes that information.

TABLE IV-1. Overview of Sheriffs in the Other New England States.
State	Terms of Office	Functions	Appointments
Maine	constitutional office; 16 counties; elected every 4 years	serve civil process; work as road dispatchers and jail guards; provide law enforcement in areas without local police	may appoint chief deputy to act in absence of sheriff; other deputies and staff hired as county employees
Mass.	statutory office; 14 counties; elected every 6 years	perform civil duties (mostly transportation of prisoners and attendance at court sessions); do not handle criminal work or investigations	must appoint special sheriff to act in absence of sheriff; may appoint/hire county funded deputies to perform functions
New Hampshire	constitutional office; 10 counties; elected every 2 years	serve criminal and civil process and execute writs; investigate crimes; perform court bailiff duties	may appoint as many deputies as think proper, but may be limited by county's financial appropriation; may appoint special deputies for process-related work
Rhode Island	gubernatorial appointment; 5 counties; every 10 years	execute/serve writs; may investigate crime in the county; must attend General Assembly and superior courts (may attend supreme court)	may appoint as many deputies as budget allows and as are necessary to run department
Vermont	constitutional office; 14 counties; 4- year term	preserve the peace and suppress disorder; transport prisoners and mental patients; execute/serve process	may appoint as many deputies and supporting staff as necessary (but deputies must be approved by governor); may appoint special deputies with approval of atty. general
Source: Office of Legislative Research, Memo 96-R-1443, December 24, 1996.

In comparing the activities of sheriffs in other states with those in Connecticut, it is important to note a key difference. Most sheriffs departments are operated by county governments. Although the Connecticut sheriffs system is still set up along county lines, the county government structure was abolished in 1960. Even before that, the system differed from the ones in other states. In a history of the Connecticut county system, Rosaline Levenson noted:

… when the first counties were established [in Connecticut], the areas to be serviced had already been divided into towns. This was in contrast to states elsewhere in the nation, where counties were originally formed to serve unincorporated areas far from centers of population and a distance from state capitals.

In other words, the Connecticut towns, regardless of size or population, from colonial times on were performing functions which generally are handled by counties elsewhere in the nation.[2]

Court security in the federal judicial system is the responsibility of the United States Marshals Service. Deputy marshals transport prisoners, provide courtroom security, and oversee security inside federal courthouses. They also handle fugitive investigations, protect federal witnesses, and oversee asset seizures.

Individuals selected for the service must complete a 16-week basic training program, followed by specialized training. These positions are federal civil service jobs.

The marshals service also uses private firms and contracted individuals to provide additional security personnel for federal buildings and courthouses. Deputy marshals perform service of process for federal cases, but mail service may also be used.

As mentioned above, most sheriffs departments operate jails, and they are responsible for bringing individuals held there to court. They also may bring inmates from state facilities to court. However, the agencies that run state correctional institutions also transport at least some of their inmates to court.

In 1996, The National Journal for Corrections published the results of a survey on the transportation of prisoners to a variety of destinations. Nearly three-quarters of the 40 U.S. systems responding to the survey indicated they transport inmates to court. Ten respondents brought fewer than 100 inmates a year to court, 13 brought between 100 and 500 inmates, and five brought between 800 and 3,000 inmates. Maryland brought 24,500 inmates to court. (Connecticut did not respond to the survey.)[3]

All states allow someone other than a sheriff to serve process in at least some situations. In Connecticut, the parties statutorily authorized to deliver specific documents or collect funds include constables, borough bailiffs, local and state police officers, employees of the state collection agency, investigators employed by Department of Social Services or Department of Administrative Services, and support services investigators of the Superior Court.

In many states, any person of legal age who is not a party to a specific case can serve civil papers. However, there may be restrictions on receipt of a fee for this activity or on the volume of activity performed within a one-year period. (For example, California requires anyone who serves 10 or more services of process in one year for compensation to register with a county clerk.)

A few states have established formal programs for individuals wishing to serve process for a fee. Nevada and Oklahoma both issue "licenses," but the system in the latter state is closer to registration. Arizona, California, and Washington all have registration programs, where individuals wishing to serve process must meet certain criteria and register with the county court. New York City also requires process servers to be licensed, but exempts attorneys admitted to practice in the state. Table IV-2 summarizes information about the programs in those six localities.

In most of the rest of the country, judges and courts can designate individuals to serve process. This can be done for a particular case, or a person may be granted the right to serve papers for a particular period of time. Appendix D summarizes who is eligible to serve process in each of the 50 states and the District of Columbia.

In addition to personal service of process, two other methods may be used to execute some types of service of process. They are the U.S. mail and publication in a newspaper. Depending on the state, notices and other documents may be sent via first class, certified, or registered mail. Return receipt with delivery restricted to the addressee may be required.

TABLE IV-2. Localities With Registration or Licensure Programs for Process Servers.
Locality	Authority	Program	Entities Involved	Fees	Requirements
Ariz.	Ariz. Rules of Civil Procedure of Supreme Court, Rule 4(e)	Registration as *private process* *server* 3-year term	Supreme Court sets rules and county court administers; apply to clerk and get approval from presiding judge	approx. $180	Resident of state for 1 year; background check (including fingerprints); pass written exam; agree to faithfully serve process [fee waived for sheriffs]
Calif.	Business and Professions Code, Sections 22350-22360	Registration as *process server* [if serve 10+ process in one year for money] 2-year term	Clerk of county of one's residence or principal place of business	$100 fee + actual cost of fingerprint check and ID must post $2,000 bond +$7 filing fee	Resident of state for 1 year; not been convicted of a felony; submit to fingerprint check; agree to faithfully serve process [exempt private investigators and their employees, others appointed by court, and attorneys and their employees]
Nev.	Nevada Revised Statutes, Chapter 648	Licensure as *process server* 1-year term	Five-member Private Investigator's Licensing Board (in the Office of the Attorney General)	$50 for application + cost of background investigation ($750 deposit required) + $100 for exam annual fee: $360	U.S. citizen or lawful resident, 21+, good moral character; not been convicted of felony, crime of moral turpitude, or possession of dangerous weapon; 2 years experience as process server (or equivalent); pass written exam; attend oral hearing Maintain liability insurance (or self-insure) for $200,000
New York City	NA	Licensure as *process server* -- two types: organization and individual [if serve 5+ process in one year] 2-year max.; all licenses expire in even years	New York City Department of Consumer Affairs (Licensing Center)	$50 fee for fingerprint check upon application + pro rated initial license fee (depends on date of approval) biennial fee: $340	Citizen or authorized to work in U.S.; photo ID; submit fingerprints for background check (conviction not automatic denial, but failure to reveal is grounds for denial); completed application, questionnaire, and notarized Child Support Certification Form Maintain bound registry ledger [exempt NY attorneys]
Okla.	Okla. statutes Sec. 12-158.1	Licensure as *private process* *server* (for civil cases) 1-year term initially; single county renewal one year, but statewide three years	Administrative Office of the Court prescribes application form; presiding judge of judicial administrative district or other county judge issues license; court clerks handle renewals	Initially: $35 for one county or $150 statewide + prescribed fees Renewal: $5 one county + $10 each added county or $15 statewide	18+; good moral character; and ethically and mentally fit Must appear qualified and cannot have any protests pending -- clerk gives five days notice of a hearing by posting notice in courthouse and mailing copy to district attorney, sheriff, and chief of police or marshal in the county seat Maintain $5,000 bond
Wash.	Revised Code of Wash., 18.180.010 - 18.180.030	Registration as *process server* 1-year term	Auditor of county of residence or principal place of business	Variable, but most in $10 - $20 range	Must comply with general state requirements for businesses (e.g., registration of company name and payment of taxes) [exempt sheriffs, deputy sheriffs, marshals, constables, govt. employees acting in course of their business, attorneys and their employees if not serving process on fee basis, people appointed by court, employees of registrants, and people not receiving fee]
Sources of data: Statutes, rules of practice, court rules, and web sites of individual states as well as telephone conversations with staff in administering agencies in Arizona and Nevada.

[1] Surveys were conducted in 1987, 1990, 1993, and 1997. The results from the most recent survey are summarized in U.S. Department of Justice, Bureau of Justice Statistics, Executive Summary: Sheriffs' Departments 1997, (NCJ-1179011) October 1999. The full report is due out in early 2000.

[2] Rosaline Levenson, County Government in Connecticut - Its History and Demise, Institute of Public Service, University of Connecticut, January 1966, p. 72.

[3] The National Journal for Corrections, “Doing Time in the 1990s: Places to Go, People to See,” Corrections Compendium, March 1996.