Subpoenas: Administrative

Idaho
Department of
Correction

Standard
Operating
Procedure

Office of
Professional
Standards

General
Administration
Control Number:
145.01.01.001
Version:
1.0
Page Number:
1 of 8
Adopted:
7-1-2009
Reviewed:
7-1-2009

Title:
Subpoenas: Administrative

This document was approved by James Loucks, chief investigator of the
Office of Professional Standards, on 7/1/09 (signature on file).
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY STATEMENT NUMBER 145
Subpoenas
POLICY DOCUMENT NUMBER 145
Subpoenas
DEFINITIONS
Standardized Definitions List
Department: The Idaho Department of Correction.
Director: The director of the Idaho Department of Correction.
Documents: Any writings, charts, records, recordings, electronic records or data,
photographs, tangible things, drawings, or diagrams of any type or kind.
Investigation: The process of gathering, obtaining, collecting, compiling, and reporting all
evidence surrounding an alleged incident of misconduct.
Investigative File: An Office of Professional Standards (OPS) file containing the
Investigative Report and other documents such as interview summaries, witness
statements, evidence logs, and supporting documents of an approved investigation.
Office of Professional Standards (OPS): The designated unit under the Director's Office
with primary responsibility for conducting investigations of employee misconduct allegations
and providing assessment and general investigative services for the Department.
PURPOSE
The purpose of this standard operating procedure (SOP) is to establish standard procedures
for requesting, reviewing, processing, issuing, and serving subpoenas and recording
relevant information.
SCOPE
This SOP applies to all department employees and contractors.
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RESPONSIBILITY
Office of Professional Standards (OPS) Chief Investigator
The chief investigator (or designee) of the OPS is responsible for overseeing the
administrative subpoena process.
Department Investigators and Probation and Parole Officers (PPOs)
Department investigators and PPOs are responsible for practicing the procedures
provided herein.
OPS Administrative Assistant
The OPS administrative assistant is responsible for tracking the issuance and
compliance with the terms of the administrative subpoena.
Deputy Attorneys General (DAG)
The DAGs who represent the department are responsible for reviewing subpoena
requests, preparing subpoenas, and providing legal assistance when the terms of the
administrative subpoena have not been complied with.
Table of Contents
General Requirements ......................................................................................................... 3
1. Subpoena Authority ........................................................................................................ 3
2. Use of Subpoenas .......................................................................................................... 3
Conditions for Issuance ............................................................................................ 3
3. Requesting the Issuance of a Subpoena ........................................................................ 4
4. Service of Subpoenas .................................................................................................... 6
Proof of Service ........................................................................................................ 6
5. Timeline for the Production of Documents ...................................................................... 6
6. Compliance vs. Non-compliance with Subpoena ............................................................ 7
Compliance............................................................................................................... 7
Non-compliance ........................................................................................................ 7
7. Subpoena Register ......................................................................................................... 7
8. Reimbursement .............................................................................................................. 7
References ........................................................................................................................... 8
Control Number:
145.01.01.001
Version:
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Title:
Subpoena: Administrative
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GENERAL REQUIREMENTS
1. Subpoena Authority
Pursuant to Idaho Code:
• The director has the authority to require, by way of an administrative subpoena, the
production of all documents (as defined herein) that are necessary in the
performance of the functions assigned by law; and
• Department investigators, conducting an authorized inquiry or investigation, may
request an administrative subpoena be issued for documents.
• Department PPOs, assisting in the apprehension of parolees who have absconded
and there is an arrest warrant, may request an administrative subpoena be issued for
documents.
Note: Subpoena authority may not be used to obtain records on behalf of another agency,
either federal or state.
2. Use of Subpoenas
Note: For the purposes of this SOP only, a subpoena shall be defined as a written legal
order issued by the director of the Idaho Department Correction (IDOC) directing a person to
produce specified documents.
Subpoenas should be used to obtain documents needed in inquiries and investigations for
which the department has responsibility. Where appropriate, and prior to issuing a
subpoena, documents should be sought:
• By voluntary production (i.e., the custodian should be asked to produce and
voluntarily provide the documents); or
• Pursuant to contractual agreements, grant requirements, or regulatory obligations.
Where access to documents is refused, investigators may advise the custodian that the
department has subpoena authority but should not threaten the use of such authority. If
voluntary production does not occur or documents are not made available in a timely
manner then see section 5.
Conditions for Issuance
• The subpoena must be related to the investigation functions delegated by law or as
designated in department policy or SOP.
• The documents sought must be relevant to an approved inquiry or investigation.
• The demand contained in the subpoena must be reasonable and should not be
unduly burdensome.
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3. Requesting the Issuance of a Subpoena
When a subpoena is deemed necessary for an investigation, the investigator shall begin the
following process.
Note: Be sure to review section 2 and section 8 before beginning this process.

Functional Roles and
Responsibilities Step
Tasks
CIS steps are in bold
Investigator or PPO
(as applicable) 1
• Draft a memorandum to submit to the chief investigator
that provides the following information:
♦ The investigation case number (if applicable);
♦ A brief description of the investigation or situation
regarding the absconder;
♦ The name of the agency or business whose records
are sought;
♦ A description of the documents to be subpoenaed
and a brief statement why the specific documents
are necessary for the investigation;
♦ A description of the efforts made to obtain the
documents or the reason the documents can’t be
obtained through different means;
♦ The name and address of the records custodian; and
♦ The reason the subpoena is being requested.
For example: if a subpoena for telephone records is being
requested, the memorandum shall contain the telephone
number for which the records are being requested, the
complete name and address of the telephone company
servicing the number, and the time frame the records
should cover.
Note: Contact information for many businesses associated
with investigative records can be found at ‘SEARCH’, which
is an online resource for justice and public safety decision
makers. See the reference section for the Internet
address/Uniform Resource Locator (URL) to ‘SEARCH.’
• Forward the memorandum to the chief investigator.
(Note: Probation and parole officers [PPOs] must staff
with their district manager prior to forwarding memo.)
Chief Investigator 2
Review the memorandum, and if
• Approving – submit it to the deputy attorneys general
(DAGs) who represent the department. Also submit a
copy to the director (or designee).
• Disapproving – inform the investigator. (The process
ends here.)
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Functional Roles and
Responsibilities Step
Tasks
CIS steps are in bold
Deputy Attorneys
General (DAG) 3
Review the memorandum for completeness, validity, and
legal sufficiency, and if
• Recommending Approval – consult with the director
(or designee) and if in agreement, draft two (2)
duplicate administrative subpoenas, and forward
them to the director (or designee) for signature.
(Note: Administrative subpoenas will be prepared
using a standardized format. See appendix A,
Subpoena Duces Tecum, for an example of the
standardized format.)
• Recommending Disapproval – consult with the chief
investigator to determine the next course of action.
(Note: An agreement may be made to end the
process here.)
Director (or designee) 4
Review the administrative subpoena, and if
• Approving – sign and return to the chief investigator.
• Disapproving – consult with the chief investigator
and/or the DAG to determine the next course of
action. (Note: An agreement may be made to end the
process here.)
Chief Investigator 5 Ensure investigator receives the signed administrative
subpoena.
Investigator or PPO
(as applicable) 6
• Serve the administrative subpoena (see section 4)
Note: If necessary, coordinate service with the DAGs.
• Complete appendix B, Affidavit of Service, Subpoena
Duces Tecum, (see section 4), attach it to the original
copy of the subpoena, and file both in the investigative
file.
• Provide the Office of Professional Standards’ (OPS’)
administrative assistant with information to be recorded
on appendix C, Subpoena Register.
• Await the delivery of the documents requested (see
section 5), and when received, notify the OPS’
administrative assistant and advise whether or not the
subpoenaed documents are useful in furthering the
investigation.
• PPO’s only—If the subpoena was sought due to a
parolee who absconded, document all pertinent
information in the Corrections Integrated System
(CIS) as a case update.
Note: For issues of non-compliance, see section 6.
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Functional Roles and
Responsibilities Step
Tasks
CIS steps are in bold
OPS’ Administrative
Assistant 7
• Record the information provided by the investigator on
appendix C, Subpoena Register.
• Maintain the Subpoena Register in accordance with
standard operating procedure (SOP) 227.01.01.002,
Record Keeping: Administrative Investigations.
4. Service of Subpoenas
Normally, the investigator will personally serve the administrative subpoena at the principal
place of business or residence of the person being served. A ‘duplicate original’ (i.e., a
second copy with original signatures) shall be left with the business or person being served.
Note: Service shall take place during normal business hours. When appropriate, service
may be made via mail, electronic mail (e-mail), fax, or if the business or person being served
has a registered agent or legal counsel, the registered agent or legal counsel may be
served. (Idaho Rules of Civil Procedure.)
Proof of Service
As proof that the business or person has been served with the administrative subpoena,
the investigator shall complete appendix B, Affidavit of Service, Subpoena Duces
Tecum. The investigator shall then attach the completed affidavit to the original
subpoena and file both in the investigative file. A copy of the subpoena and affidavit
should be scanned into portable document format (PDF) and saved into OPS’ electronic
shared file system (see SOP 227.01.01.002, Record Keeping: Administrative
Investigations).
After successfully executing service on the business or person, the investigator shall
notify the OPS’ administrative assistant so that the subpoena service may be recorded
on appendix C, Subpoena Register. (See section 7.)
5. Timeline for the Production of Documents
The business or person service was successfully executed on, should be allowed
reasonable time (usually 10 to 30 calendar days) to produce the documents listed in the
administrative subpoena. Factors to be considered when determining what is reasonable
includes:
• The type and volume of documents requested and
• The possibility of documents being removed or destroyed.
Note: The DAGs will be consulted regarding instances requiring an unusually short return
time (e.g., periods less than seven [7] days).
The investigator may, at his discretion, extend the return date (must be in writing) for a
limited period of time. All written extensions shall be filed with the original administrative
subpoena.
Note: Extensions that involve special circumstances or longer periods of time should be
coordinated with the DAGs.
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6. Compliance vs. Non-compliance with Subpoena
Compliance
When the subpoenaed documents are received and the terms of the subpoena appear
to have been satisfied, the recipient investigator should notify (in writing) the OPS’
administrative assistant attesting to this fact. The administrative assistant will file the
written notification in the investigative file and record (on appendix C, Subpoena
Register) receipt of the documents subpoenaed.
Non-compliance
If the business or person subpoenaed to produce documents does not comply with the
administrative subpoena, the investigator will promptly advise the DAGs, via
memorandum, describing the relevant circumstances. The DAGs will advise the
investigator and the director as to whether to compel production of the documents via
court action and if so, develop a strategy and procedures to compel compliance.
7. Subpoena Register
The OPS’ administrative assistant will maintain a Subpoena Register (appendix C). The
register will be used to log all subpoenas and relevant information, including the expected
date of return. All completed registers will be maintained in accordance with SOP
227.01.01.002, Record Keeping: Administrative Investigations.
8. Reimbursement
Generally, subpoenaed businesses or persons are entitled to reimbursement of reasonable
costs associated with searching for, assembling, and copying subpoenaed documents.
(Idaho Rules of Civil Procedure.)
Financial institutions, as defined in the 12 USC 35, Right to Financial Privacy Act (RFPA),
may seek reimbursement for the costs of providing a customer’s financial records.
Pursuant to 18 USC 2706, telecommunication carriers are authorized to charge a
reasonable fee to cover the costs of searching for and providing information responsive to a
subpoena. Some agency subpoenas are an exception from this rule but only to the extent
that they seek "records or other information maintained by a common carrier that relate to
telephone toll records and telephone listings." Investigators are cautioned that
telecommunication carriers may interpret virtually any request that does not use the words
“telephone toll records” as being subject to reimbursement. The term “telephone toll records”
generally includes records of outgoing long distance calls made from a landline and records
of all incoming and outgoing calls made to/from a cellular phone. With respect to landlines
specifically, the cost of searching for records of incoming local calls is reimbursable, and the
cost of searching for records of incoming long distance calls may also be reimbursable.
Note: Investigators will contact financial institutions and telecommunication carriers prior to
initiating a request (see section 3) to ascertain the type of documents available and the
associate costs to obtain them, if any. This will help ensure that documents are requested in
the most cost-effective manner.
Upon receipt of an invoice for documents provided by any business or person, the
investigator will forward the invoice to the chief investigator. The chief investigator will
consult with the DAGs to determine if reimbursement is required. When reimbursement is
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approved, invoices will be paid by the respective department division, using appropriate
funding codes.
REFERENCES
Appendix A, Subpoena Duces Tecum
Appendix B, Affidavit of Service, Subpoena Duces Tecum
Appendix C, Subpoena Register
Department Policy 145, Subpoenas: Administrative
Idaho Code, Title 20, Chapter 2, Section 20-209G, Authority to Investigate and Issue
Subpoenas
Idaho Code, Title 20, Chapter 2, Section 20-228A, Parole Subpoena to Assist in
Apprehending Parole Absconders
Idaho State Court, Rules of Civil Procedure (IRCP), Sections 4 (c) (1) thru 4 (c) (3), Sections
4 (d) (2) thru 4 (d) (6), Section 4 (e) (2), and Section 4 (g)
Idaho State Court, Rules of Civil Procedure (IRCP), Section 45 (b) (2), Subpoena for
Production or Inspection of Documents, Electronically Stored Information or Tangible
Things, or Inspection of Premises
Idaho State Court, Rules of Civil Procedure (IRCP), Section 45 (e) (2), Service of Subpoena
United States Code, Title 12, Chapter 35, Section 3401, Definitions
United States Code, Title 18, Part I, Chapter 121, Section 2706, Cost of Reimbursement
WWW.Search.Org (Specific URL for investigator’s use: www.search.org/program/hightech/isp/)
– End of Document –
IDAHO DEPARTMENT OF CORRECTION
Special Investigations Unit
Subpoena Duces Tecum
Appendix A
145.01.01.001 v1.0
(Appendix last updated 7/1/09)
Page 1 of 2

Note: This document reflects the standard format that will be used when creating the Subpoena
Duces Tecum. THIS APPENDIX IS A SAMPLE THAT THE DAGS FOLLOW WHEN
DEVELOPING THE SUBPOENA.
Henry Atencio, Director
Idaho Department of Correction
1299 N. Orchard, Suite 110
Boise, ID 83706
Telephone: [phone]
Fax: [phone]

BEFORE THE DIRECTOR OF THE DEPARTMENT OF CORRECTION

STATE OF IDAHO

In the Matter of: )
) SUBPOENA DUCES TECUM
)
) Investigation No.
)

The Director of the Department of Correction of the State of Idaho to:

YOU ARE COMMANDED to produce or permit inspection and copying of the following
documents or objects, including any writings, charts, records, recordings, electronic records or
data, photographs, tangible things, drawings or diagrams or any sort whatsoever, at the place,
date and time specified.

DOCUMENTS OR OBJECTS:

PLACE, DATE AND TIME: Please deliver to:

Attention: (Name of Chief Investigator)
Idaho Department of Correction
1299 N. Orchard, Suite 110
Boise, ID 83706

No later than

Appendix A
145.01.01.001 v1.0
(Appendix last updated 7/1/09)
Page 2 of 2
NOTICE is hereby given that if you fail to produce or permit inspection and copying as
specified above, that the Director of the Idaho Department of Correction may petition the district
court for an order to show cause compelling production of the requested documents.

Dated this ________ day of ______________, 20___

By order of the Director pursuant to Idaho Code §20-209G or §20-228A.

IDAHO DEPARTMENT OF CORRECTION

_________________________________
Henry Atencio
Director

IDAHO DEPARTMENT OF CORRECTION
Special Investigations Unit

Affidavit of Service
Subpoena Duces Tecum
Appendix B
145.01.01.001 v1.0
(Appendix last updated 7/1/09)
Page 1 of 2

Case No.: _____________________

STATE OF IDAHO )
) ss.
COUNTY OF_____________)

___________________________ being duly sworn upon his oath, deposes and (name)
say as follows:

That I am over the age of eighteen (18) years and that I am employed by the
Idaho Department of Correction as _______________________________. (title)

This Subpoena Duces Tecum for ____________________________________ (name and title, if any)
was received by me on ____________________, and a copy was served as follows: (date)
 I personally served the subpoena on the individual.

 I left the subpoena at the individual’s residence or usual place of abode with

_______________________________, a person over the age of eighteen (18) years
(name)
and who resides therein.

 I served the subpoena on _________________________, who is an officer, (name and title, if any)
managing or general agent, or an agent authorized by appointment or by statute to
accept service of process on behalf of _________________________________. (name of organization)
Address where served: ______________________________________
______________________________________
Date and Time of delivery: ______________________________________

 Other
(specify):_________________________________________________________
____________________________________________________________________; or

 I returned the subpoena unexecuted because: _____________________________.

Appendix B
145.01.01.001 v1.0
(Appendix last updated 7/1/09)
Page 2 of 2
Further your affiant sayeth naught.

DATED this ___ day of ________________________, 20____.

____________________________________ (name)

SUBSCRIBED AND SWORN TO before me this____ day of _______________,
20___.

____________________________________
NOTARY PUBLIC FOR IDAHO
COMMISSION EXPIRES:______________
IDAHO DEPARTMENT OF CORRECTION
Special Investigations Unit
Subpoena Register
Appendix C
145.01.01.001 v1.0
(Appendix last updated 7/1/09)

Case No. Date Issued Subpoenaed Party Documents
Subpoenaed
Expected Date of
Return Investigator