Legislative Program Review and Investigations Committee
Options
and Staff Recommendations
January 25, 2000
Connecticut
Sheriffs System
Options
and Staff Recommendations
Options
The primary responsibilities of sheriffs in Connecticut are transporting prisoners, providing security at courthouses, and serving legal papers. The sheriffs system is organized geographically according to the lines of the state's eight counties.
The answer to the question of which structure is the best one for delivering the services currently provided by sheriffs encompasses a variety of factors. Depending on the importance one attributes to specific elements, different alternatives will seem more appropriate.
This document describes approaches that could be used in the future to carry out the functions of the sheriffs. Included as an option is continuation of the current system with modifications. The goal of all of the proposals is greater professionalism and clearer organizational control. In the end, the options represent philosophical differences, not right or wrong choices.
Recent proposals
Several different plans for restructuring the sheriffs system were proposed by the governor and by legislators during 1999. The plans varied in scope and content, but each called for amending the state constitution to eliminate the office of high sheriff. [1]
Under two of the plans, courthouse security and service of process would be placed under the Judicial Branch. Prisoner transportation would become the responsibility of the Department of Correction (DOC).
Another proposal would transfer existing special deputy sheriffs to the Judicial Department and make them state employees. The chief court administrator would fill vacancies as they occurred. New hires would be subject to criminal background checks, and no convicted felon could be hired.
Existing deputy sheriffs would be sworn in as "Judicial Enforcement Officers." They would function as private contractors with exclusive authority to provide fee-for-service legal execution and service of process. They would be subject to background checks, could not have been convicted of a felony, and would have to re-register every two years.
Under this plan, during the transition until the constitution was changed, two of the current high sheriffs -- one from each party -- would be designated nonpartisan, unclassified assistants to the chief court administrator. They would be responsible for general management of all of the functions being transferred to the Judicial Department.
Scenarios
The functions performed by sheriffs in Connecticut can be grouped into five categories -- general security of court buildings, custody of prisoners in courthouse lock-ups (cell blocks), transportation of prisoners to and from courthouses, service of process, and a mix of tasks that primarily involve assisting others with their responsibilities. In examining options for these services in the future, it is useful to consider the alternatives from several levels.
The first question is whether one entity should continue to provide all of the services, or whether it would be better to split up the functions among different agencies? If the latter, which functions need to stay together? Additionally, which agencies would best be able to carry out the required functions?
As shown in Figure V-1, the current sheriffs system involves functions performed by special deputy sheriffs, deputy sheriffs, and sheriffs in general. Special deputies perform three of the functions -- court security, court lock-ups, and prisoner transportation. The elected, high sheriffs and deputy sheriffs perform service of process; both generally also are authorized to perform the various assistance tasks.

The court security function relates to court facilities. It includes the operation of metal detectors and the maintenance of safety within courtrooms and parking areas. The first consideration is whether responsibility for it should be removed from the statutory control of the sheriffs. If so, then where? The most realistic agencies would be the Judicial Department, the Department of Correction, or the Department of Public Safety.
Assignment of the function to a single authority, rather than being overseen by eight different administrators, would permit a more even distribution of work and establishment of consistent operational policies statewide. Program review committee staff recommends the Judicial Department be designated the entity responsible for the general courthouse security function.
The Judicial Department already oversees all other aspects of courthouse operations, including, most importantly, setting the level of activity within each facility. Giving the department responsibility for court security will mean it has both the goal and the authority to ensure the safety of those working at and visiting the courts. This choice would also alleviate current conflicts with departmental efforts to ensure all who have contact with the courts are provided with a customer-oriented place to transact business
The next question concerns whether the lock-up function (i.e., oversight of the cell block area and the prisoners held there) should be grouped with the general court security function or prisoner transportation. The decision is probably best answered by looking at the current system. Special deputies who work as transit staff are most likely to work in the cell block area when they are not on the road. These workers are familiar with the prisoners they bring to the courthouse, and there is a custodial role in both functions. Program review committee staff recommends the cell-block function be grouped with the prisoner transportation function, regardless of the agency selected to perform prisoner transportation.
The next question is whether to keep all of the court-related functions currently performed by sheriffs together or whether to assign prisoner transportation elsewhere. Based on the earlier staff recommendation, keeping the functions together would mean placing prisoner transportation within the Judicial Department. The primary rationale for maintaining all operations in one agency is to facilitate establishment of uniform qualifications and operating procedures. It also would provide flexibility for moving personnel across functional areas and physical locations when workloads fluctuate among courthouses.
The principal advantage of separating the security and transportation functions is to optimize the use of personnel with specialized training and skills within the functions they are most familiar with. If the Department of Correction were selected to handle transportation, the potential also exists for cost savings from a more efficient deployment of personnel as they merge this added duty to their existing transportation function. In addition, conditions for prisoners could be improved. (Currently, some prisoners must rise as early as 3:00 a.m. in order to reach court for a mid-morning appearance, and they may not return to their over-night destination until late evening, only to repeat the schedule the next day if an additional court appearance is required.)
There are good arguments for both consolidation and for separation. In the end, the selection of one agency over another is a philosophical decision, guided by the weight each person gives to the elements for and against the options. Program review committee staff recommends the Department of Correction take over responsibility for the transportation of prisoners to court (and their custody within the court lock-ups).
The next area to examine is service of process. Key considerations are whether to subdivide categories of the work and who should be authorized to perform it. The latter could be deputy sheriffs, employees of the state, individuals who are appointed by or register with a state agency, or a combination of these categories. Important factors to consider are the professionalism of the servers, the convenience afforded users, and the costs of each option.
The nature of the activities involved in process serving -- locating people and places within set times -- require flexibility. If employees of the state were used to serve process, the state would receive the fees collected by them and would save approximately $1 million a year state agencies spend for service of process work. However, the administering agency would have to ensure these employees have access to timely clerical services and automobiles as well as a flexible work schedule that includes evening and weekend hours.
If deputy sheriffs or registered individuals handle service of process, at most the state would need only a small regulatory unit to assess qualifications, verify compliance with training requirements, and maintain a roster of authorized process servers. The marketplace will economically reward those who perform well and avoid those who perform poorly.
Program review committee staff recommends Connecticut offer a registration option that, at a minimum, would allow qualified individuals to serve original summonses and complaints as well as post-judgment documents on a statewide basis. These tasks are handled by a number of different parties nationally and in some instances even within Connecticut. Technological advances in electronic communications in the 21st century will increase the demand for flexibility, and competitive service will become increasingly important.
Program review committee staff recommends state oversight of process servers be given to the Judicial Department. This responsibility complements the department’s other duties with respect to the creation and disposition of the legal work that service of process relates to. It also is in line with the role county courts in many other states play, where judges appoint individuals to serve process.
In terms of the "other" enforcement and assistance sheriffs are statutorily authorized to provide, some duties could remain the responsibility of the high sheriffs as long as they are constitutional officers. However, in most cases, the functions are rarely if ever performed by sheriffs. Indeed, many of the statutes allow other methods of carrying out the function or the other party involved in the activity could be given sole responsibility for the task (e.g., distributing notices from the secretary of the state to legislators regarding a special session, removing cancelled registration plates from motor vehicles in parking areas, or assisting animal and agriculture authorities with eradication of bovine tuberculosis). Program review committee staff recommends statutes authorizing sheriffs to assist other parties with specific duties be revised to eliminate the references to sheriffs.
Comparison of Alternatives
Tables V-1A through V-1D summarize the advantages and disadvantages of the most feasible approaches for obtaining the services currently provided by sheriffs. Also included for each alternative is the estimated cost. In some cases, other considerations that might affect implementation of the option are also described.
Attachment A contains the detailed calculations program review committee staff used to determine the full-time equivalent staffing and cost estimates. All of the tables are based on the following assumptions:
· there are 52 court locations and 253 courtrooms to secure;
· there are 248 court days per year;
· the number of personnel needed for general court security will be the same regardless of the agency responsible for the function, but due to current differences in the benefits packages related to paid time off, the FTE for the sheriffs is lower;
· the number of FTE personnel needed for prisoner transportation will vary depending on the agency responsible for the function; and
· 24-hour lock-up facilities are operated in Hartford and New Haven.
The administrative staff required for each function will be affected by whether the function is to be operated separately from the other functions. Although some efficiencies in accounting and payroll staff may be feasible, new positions may be needed to coordinate activities transferred to a new agency. Savings from existing General Fund positions are likely to be small as the personnel currently in the jobs may obtain positions with other state agencies, or if laid off, would be eligible for unemployment.
An important factor to consider in making changes to the sheriffs system is the collective bargaining contract due to be negotiated with the special deputy sheriffs in 2000. Regardless of who operates the system, the salary and benefits package for special deputies are likely to increase. However, depending on the effective date and the nature of the changes to the system, the party responsible for negotiations might have to be changed or the timing of modifications to the system might have to be delayed.
For example, if special deputies were transferred to the
Judicial Branch before the contract is settled, responsibility for
negotiations would also transfer because the Office of Labor Relations only
handles that function for the executive branch.
If the time frame for changes occurs after an agreement is reached
through negotiations or arbitration, then provisions of the contract might
restrict some actions of the agency receiving the workers.
Program
review committee staff recommends if changes are to be made in the
administration of the courthouse security and prisoner transportation
functions, the changes should become effective as early in fiscal year 2001 as
possible.
TABLE
V-1A. COURTHOUSE
SECURITY FUNCTION. |
||||
|
Agency |
Sheriffs |
Judicial
Branch |
Dept.
of Correction |
Dept.
of Public Safety |
|
FTE
Staff |
480 |
508 |
508 |
508 |
|
Estimated
Cost per
diems + benefits |
$13.8M
+ $4.2M ($15.3M
+ $6.3M with full benefits) |
$18.9M
+ $7.8M |
$18.8M
+ $7.5M |
$18.9M
+ $7.5M |
|
Advantages |
Least
costly alternative in short-term (primarily due to reduced benefits) Retains
unified work force within single entity Fewer
layers of bureaucracy
|
Puts
responsibility for security in agency that controls courthouses and
level of daily activity within Reduces
philosophical conflicts between judicial and another agency about
how to deal with the public If
combined with transport, retains unified work force, provides
flexibility to move staff across tasks, and puts authority
for all court-related functions in single agency |
If
combined with prisoner transport, retains unified work force within
single agency, provides flexibility to move staff across tasks, and
would facilitate issues related to prisoner custody |
Is
in keeping with agency's mission of public safety If
combined with prisoner transport, retains a unified work force
within single agency and provides flexibility to move staff across
tasks Same
union represents special deputy sheriffs and majority of this
agency's work force |
|
Disadvantages |
Eight
independently elected individuals
operate single system -- unclear lines of authority Among
regions, policies not always consistent and workloads unequal Continues
possibility of conflicts between
operational philosophies of judicial and sheriffs County
lines do not match judicial regions |
More
costly based on estimated salary range If
not also given prisoner transport, continues mixed lines of
authority over courthouses
Different
union represents special deputies and majority of this agency's work
force |
Gives
agency broader responsibilities than it currently has -- requires it
to deal with wider range of people than just those incarcerated Continues
possibility of conflicts between
operational philosophies of judicial and agency handling
security Different
union represents special deputies and majority of this agency's work
force |
Adds
new agency to system Agency’s
primary mission of police services may confuse public about
court-related role More
costly based on estimated salary range Continues
possibility of conflicts between
operational philosophies of judicial and agency handling
security If
not also given transport, continues mixed lines of authority over
courthouses |
|
TABLE
V-1B. PRISONER
TRANSPORTATION FUNCTION. |
||||
|
Agency |
Sheriffs |
Judicial
Branch |
Department
of Correction |
Department
of Public Safety |
|
FTE Staff |
110 |
116 |
81 |
116 |
|
Estimated Cost per
diems+ benefits |
$3.6M
+ $1.1M ($4M
+ $1.6M with full benefits) |
$4.3M
+ $1.8M |
$3M
+ $1.2M |
$4.3M
+ $1.7M |
|
Advantages |
Retains
unified work force in single agency Fewer
layers of bureaucracy
|
If
combined with courthouse security, would put all authority for
courthouses in single agency, eliminate possibility of conflicts
regarding operational philosophies of Judicial Branch and another
agency, and improve control of prisoner movement within courthouses |
Least
costly alternative (due to projected staffing efficiencies) Provides
for more continuous custody of prisoners Potential
for reduced number of total staff and vehicles If
combined with courthouse security, retains unified work force in
single agency |
If
combined with courthouse security, retains unified work force in
single agency |
|
Disadvantages |
Continues
the potential for jurisdictional issues with DOC over custody of
prisoners
Also
see Courthouse Security |
Continues
the potential for jurisdictional issues with DOC over custody of
prisoners |
If
not also given courthouse security, continues mixed lines of
authority over courthouses Different
union represents special deputies and majority of this agency's work
force |
Adds
new agency to system Continues
the potential for jurisdictional issues with DOC over custody of
prisoners If
not also given courthouse security, perpetuates mixed lines of
authority over courthouses |
|
Other Considerations |
|
Local
police departments may have to resume transporting their own
prisoners to court, thus increasing their costs |
||
|
Increased
use of video technology in the future will reduce the need to
transport as many incarcerated individuals to courthouses |
||||
|
TABLE
V-1c. Cell Block
(lock-UP) FUNCTION (assumes
combined with prisoner transportation function). |
||||
|
Agency |
Sheriffs |
Judicial
Branch |
Department
of Correction |
Department
of Public Safety |
|
FTE Staff |
210 + 18 (24-hr lock-up) |
222 + 19 (24-hr) |
156 + 18 (24-hr) |
222 + 19 (24-hr) |
|
Estimated Cost per
diems + benefits |
$6.9M
+ $2.1M ($7.6M
+ $3.2M with
full benefits) |
$9M
+ $3.7M |
$6.3M
+ $2.5M |
$9M
+ $3.6M |
|
Advantages |
See
prisoner transportation |
See
prisoner transportation |
Provides
more continuous custody of prisoners Facilitates
availability of prisoners for court appearances, reduces their
physical discomfort, and increases their accessibility to legal
counsel Provides
agency with additional beds, if capacity reached in main facilities |
See
prisoner transportation |
|
Disadvantages |
See
prisoner transportation |
See
prisoner transportation |
Would
likely increase the number of communities where prisoners are held
over night in court facilities |
See
prisoner transportation |
TABLE
V-1d. seRvice Of
process FUNCTION. |
||||
|
Agency |
Sheriffs |
State
Employees |
Appointed
by Judicial Branch |
Register
with State (e.g., Judicial) |
|
FTE Staff |
245
self-employed; supervised part-time by salaried high sheriffs |
117
to perform service + 11
clerical + 1 secretary + 1 administrator |
1
administrator + 1
secretary |
1
administrator + 1
secretary |
|
Estimated Cost (per
diems + benefits) |
Contained
in system costs (if ¼ of high sheriffs time = ~$100,000) |
$6.5M but
offset by potential revenue (~$10M in CY 98) |
~$175,000 |
~$175,000 |
|
Advantages |
Few
complaints generated by current system Low
staff cost to the State Provides
incentive to process server – only paid if work completed No
bureaucracy |
All
revenue collected would accrue to the State and current fee payments
would end Allows
consistent practices statewide Allows
workers to serve documents statewide |
Provides
incentive to process server – only paid if work completed Allows
workers to serve documents statewide |
Provides
free market competition Provides
incentive to process server – only paid if work completed Allows
workers to serve documents statewide |
|
Disadvantages |
Limited
to those holding appointments
Restricts who can work in specific region Policies
(e.g., experience requirements and training) not consistent among
regions Workloads
not equal among regions Costs
state ~$1M/ year for service fees |
Adds
jobs to state payroll Duties
require flexible work schedule -- could result in extensive evening
and weekend work (with overtime costs) Salaried
position may be disincentive to complete difficult services |
Limited
to those holding appointments Would
still cost state ~$1M/year for service fees |
Additional
cost to the state without offsetting revenue Would
still cost state ~$1M/year for service fees |
|
Other Considerations |
|
|
Common
appointive body in other states |
Method
used in 5 other states and NYC |
|
Increased
acceptance of electronic signatures and electronic filings should
reduce workload in the future |
||||
Modifications to Sheriffs System
Currently, a large number of entities are involved in the operation of the sheriffs system. As shown in Figure V-2, an advisory board, constitutional officials, and informal organizations all have roles in the system. Multiple entities exert authority over several of the participants in the process, in particular the staff in the Office of the County Sheriffs and the appointed sheriffs (i.e., special deputy sheriffs and deputy sheriffs). This type of structure produces unclear lines of authority and can result in conflicting or nonexistent policies.

Although the council is composed of the eight elected high sheriffs, its role in the system is troubling. It has no statutorily designated authority as a group, nor do the individual high sheriffs have the power singularly or collectively to impose policies on one another. In addition, none of the other entities concerned with the operation of the state's court system have representation on or input into the work of the council. Furthermore, its work adds considerably to the workload of the staff in the Office of the County Sheriffs.
|
Table
V-2. Major
Functions Of Sheriffs System. |
|
|
Function |
Who
Has Responsibility |
|
Serve
legal process |
High
Sheriffs and deputy sheriffs |
|
Transport
prisoners |
High
Sheriffs through special deputy sheriffs |
|
Custody
of prisoners at courthouses |
High
Sheriffs through special deputy sheriffs |
|
Attendance
at court |
High
Sheriffs through special deputy sheriffs |
|
Receive
and allocate appropriations |
Sheriffs'
Advisory Board through Office of the County Sheriffs |
|
Establish
qualifications for deputy sheriffs |
High
Sheriffs (and statutory provisions) |
|
Establish
minimum qualifications and develop standardized test for courthouse
security personnel |
Sheriffs'
Advisory Board (by statute); Council
of the High Sheriffs (in practice) |
|
Establish
and administer training program for deputy sheriffs and special
deputy sheriffs |
Sheriffs'
Advisory Board through Office of the County Sheriffs and High
Sheriffs |
|
Establish
operating procedures and direct prisoner transportation and
courthouse security system |
Sheriffs'
Advisory Board (by statute); Council
of the High Sheriffs (in practice) |
|
Perform
administrative functions (e.g., payroll) |
Office
of the County Sheriffs |
If the sheriffs
continue to perform the duties they are currently responsible for, program
review committee staff believes it is essential changes be made in the current
organizational structure. Specifically,
program review committee staff recommends:
·
the role of the
Sheriffs' Advisory Board should be revised to reflect its name (i.e., provide
advice), or it should be eliminated;
·
authority over all
aspects of the special deputy sheriffs and the Office of the County Sheriffs
should be given to a statutorily established executive branch entity called
the Sheriffs Department;
·
the newly created
Sheriffs Department should have a permanent central administrative staff and a
specific number of special deputy sheriffs per region; and
·
the Sheriffs Department
should be run by a statutory Council of Sheriffs, composed of the eight high
sheriffs, and actions of the council would require an affirmative vote by a
majority of the total membership, not just those present.
(Designees would not be authorized to vote.)
Qualifications
Regarding the selection of individuals for appointment as deputy or special deputy sheriffs, as discussed in Section III of the Background Briefing document, changes have been made to the system in the past few years. Qualifications and physical fitness standards for special deputies are now consistent statewide. However, the requirements are general in nature, and the training for new appointees is less rigorous than that given for other related state jobs. As shown in Table V-3, the amount of classroom training is far below that of law enforcement officers, and it is one-third less than that received by correctional officers.
|
TABLE
V-3. Comparison
Of Training Hours. |
|||
|
Program |
Position |
Classroom
Hours |
On-the-Job |
|
Sheriffs Recruit Academy |
Special deputy sheriffs |
137.5 |
15+ days |
|
Department of Correction |
Correctional officers |
210 |
15 days |
|
Connecticut Police Academy |
State protective services employees and local police officers |
646 |
80 hours |
|
State Police Training Academy |
State police troopers |
1,312 |
6-10 weeks |
|
Sources
of data: Descriptive
materials from each program. |
|||
Requirements for deputy sheriffs continue to vary, depending on the particular high sheriff making the appointment. Although all recent appointees attended a two-week centralized training program, on-the-job training differs considerably. Most new appointees are assigned to ride with another experienced deputy sheriff; however, the length of this requirement ranges from one week to 30 days or more. Similarly, subsequent work under the supervision of another deputy can last from eight days to six months.
Whether the sheriffs
or another agency is responsible for these workers, program review committee
staff believes more detailed qualifications and training should be required of
those performing courthouse security and prisoner transportation functions.
The program review
committee staff recommends minimum standards for court security and prisoner
transportation workers should be:
·
21 years of age;
·
U.S. citizen or lawful
resident of the country;
·
high school graduate (or
its equivalent);
·
possess and retain a
Connecticut motor vehicle operator’s license;
·
have no felony
convictions; and
·
be a resident of the
state by the time training is completed.
Applicants who
achieve a score of at least 70 on a written exam that parallels the scope of
the test given by DAS for correctional officers will be placed on a ranked
list. New hires must be selected
from the list based on the rankings from the exam.
Prior to being admitted for training, those on the list must pass a
medical exam that includes a drug screening and a physical fitness test.
They also must undergo a thorough background check, including a
criminal history and fingerprint check, an employment history, and a character
reference check.
The training
program for courthouse security and prisoner transport workers shall include
at least 200 hours of classroom work and 120 hours of on-the job training.
Individuals chosen to attend training will be given a conditional
appointment, dependent upon successful completion of both components of
training.
The cost of the increased training requirement will vary depending on the entity providing the training. For example, if the sheriffs are still operating the system, the training cost is estimated to increase about $1,400 per new employee. [2]
Regardless of the
entity overseeing the service of process function, program review committee
staff believes the standards for process servers also should be uniform
statewide. The
program review committee staff recommends the minimum criteria for those who
serve process shall be:
·
21 years of age;
·
U.S. citizen or lawful
resident of the country;
·
high school graduate (or
its equivalent);
·
possess and retain a
Connecticut motor vehicle operator’s license;
·
have no felony
convictions; and
·
resident of Connecticut.
In addition, the person must post a $10,000 bond and maintain $300,000 in liability insurance.
Attachment A
|
Program review committee staff determination of estimated full-time equivalent (FTE) staffing and costs for courthouse-related personnel was based on an analysis of other staffing reports, including: Security Cell Block Transport Total OPM Staffing Report Standard (Feb. 1998) 859 163 91 1,113 OPM Staffing Report 70% Goal) 601 114 64 779 Actual at time of OPM Staffing Report 428 164 85 677 OFA Estimate (Spring 1999) 474 223+supvsr 98+supvsr 818 Actual FY 98 674 Actual November 19, 1999 464 211 116 790
Security
Cell Block Transport
Total
The salary data below was used to estimate salaries for the costs of the options.
The next page uses this information and the estimated FTE staffing levels by function and by agency to calculate the estimated cost of workers for each of the agencies listed as options in Tables V-1A through V-1C.
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