405.02.01.001.01 (ISCC FM) Service of Process on Offenders

This document was approved by Randy Blades, Warden of ISCC, on 07/01/2014
Purpose
The purpose of this field memorandum is to provide specific guidelines that are unique to this facility in order to fully implement standard operating procedure405.02.01.001 Access to
Courts. The correctional program coordinator has oversight of this process.
General Statement
This field memorandum is subject to revision at the discretion of the warden of this facility, chief of the Operations Division (or designee), or director of the Idaho Department of
Correction. Any one of these persons may revise, suspend, or rescind any procedural steps, at any time, at hissole discretion.
TABLE OF CONTENTSService of Process upon Offenders1References2Attachment A3
SERVICE OF PROCESS UPON OFFENDERS
Occasionally, an offender may be served with court documents regarding a civil action filed against the offender. Federal and State of Idaho court rules allow for service to be conducted
by any outside process server who is 18 years of age or older and not a party to the case. The outside process server does not have to be law enforcement personnel or a professional
process server. Due to this requirement, an individual may desire to serve court documents upon an offender.
Service of process of court documents shall be accomplished in the visiting area under supervision of security staff in the manner provided in SOP 604.02.01.001 Visiting. All documents
shall be inspected for written and physical contraband, preferably by the ISCC paralegal.
An individual or professional process server shall make arrangements for service of process on an offender in the same manner as a person would arrange for visiting (complete application,
obtain approval, schedule date and time for service), consistent with current practice. The application process is waived for sheriff and other law enforcement personnel as a professional
courtesy although the documents shall still be inspected for written and physical contraband.
Additionally, individual servers (non law enforcement) shall schedule an appointment only on pre-arranged regular business days and times (under normal circumstances) to allow availability
of the paralegal to inspect the documents intended for service prior to the server proceeding into visitation.
Visiting staff shall promptly notify the paralegal of any appointments scheduled. The establishment of regular days and times for service by individuals should be coordinated between
the visiting sergeant and the paralegal.
For situations where the offender cannot go or be escorted to visiting to be served (e.g., those in restrictive housing), staff may deliver the documents to the offender. Under no circumstances
shall staff do the affidavit of service. The process server may wait for confirmation of the delivery to the offender or leave without confirmation. Use the attached form for instances
of staff delivering paperwork. Provide the ISCC paralegal with the delivery form after delivery is completed.
REFERENCES
SOP 405.02.01.001 Access to Courts
SOP 604.02.01.001 Visiting
– End of Document –
Received documents on (Date):
STAFF DELIVERING DOCUMENTS
Last Name:
Employee #:
PROCESS SERVER INFORMATION
(leave blank if unknown)
First Name:
Last Name:
Appointment date:
Time: A.M. P.M.
Organization/Company:
OFFENDER INFORMATION
First Name:
Last Name:
IDOC #:
Facility:
Unit:
Bunk:
Date:
Time: A.M. P.M.
CONFIRMATION OF DELIVERY
Process server to wait for confirmation? Yes No
It is the process server’s responsibility to complete the affidavit of service and send it to the court. Service of process can be completed upon leaving the documents at the place of
residence which should be in the affidavit of service so the process server may or may not wait for confirmation of delivery.
Please give this completed form to the facility paralegal to document as part of the offender’s daily activity in the Access to Courts database.