DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.5004
 Previous Revision:
June 2021		  Current Revision:
June 2022
  Reviewed:
March 2022		  Effective Date:
June 8th, 2022
Related Standards:
ACA 4ALDF: 6A-03
Related (referenced) Department Orders:
N/A
 Subject:
NOTARY SERVICE AND THE SERVICE OF LEGAL PAPERS
 
  1. Purpose:
    1. The purpose of this order is to outline the policy and procedures for notary service and the service of legal papers to inmates in the custody of the Denver Sheriff Department (DSD), DSD employees, and Denver Health Medical Center (DHMC) personnel while such employees are at work in any of the DSD facilities.
  2. Policy:
    1. It is the policy of the Department to provide notary service to current employees and inmates in our custody on a timely basis. Notarization of legal documents is a service provided free of charge to inmates in DSD custody. It is furthermore the policy that inmates in our custody, Denver Sheriff employees and DHMC/Health Services personnel working in DSD facilities will be served legal papers according to the guidelines outlined in this policy.
  3. Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.5004. 
  4. Guidelines and Implementation:
    1. Notary Services: 
      1. There shall be at least four (4) licensed notaries stationed in each of the DSD facilities. 
        1. Notary licenses shall be obtained at city and county expense. 
        2. At least one notary will be available during normal business hours. 
        3. Notary service to other areas of the Department will be available as necessary. 
      2. Each division chief will establish notary service procedures. 
      3. Notarization of official documents will be provided at no cost to inmates. <ACA 4ALDF 6A-03> 
      4. Notarization shall be completed in a timely manner.
    2. Service of Legal Papers upon Inmates:
      1. Private process server(s) or other law enforcement agency personnel submitting legal documents for service upon inmates or current employees of DSD will be referred to the DSD Civil Unit. 
      2. Employees of the Civil Unit will greet the process server or other agency personnel who have legal papers to serve on an inmate and confirm that the inmate in question is in DSD’s custody. 
      3. Once confirmation has been completed and appropriate fees tendered, the Department’s Civil Unit employee will accept the paperwork and have it provided to the inmate as soon as reasonably possible. 
        1. Legal paperwork for inmates will not be accepted or served until appropriate fees have been tendered.
      4. The division chiefs of each division will create policies to address the service of official documents by agents of other governmental or law enforcement agencies.
    3. Service of Legal Papers upon current DSD Employees (not a result of allegations related to employment as DSD employee):
      1. Legal documents will only be accepted and served upon current DSD personnel after the appropriate fees have been tendered.
      2. Private process servers or other agency personnel who have legal papers to serve upon current employees of DSD facilities shall be directed to the DSD Civil Unit. 
      3. Supervisors of the Civil Unit will confirm that the individual in question is a current DSD employee. Service of legal papers shall not be accepted for former DSD employees. 
      4. Upon confirmation of current employment and statutory fees tendered, the DSD Civil Unit has a duty to serve the employee requested under the guidelines of Section V of the DSD Post Order 3.02.5014 - Civil Administrative Support Staff. 
      5. If no fees are offered or tendered the DSD civil supervisor will make verbal confirmation of current employment. As a courtesy, the DSD civil supervisor may contact the employee and inform them that a private process server or different agencies personnel have legal paperwork that they are trying to serve. It is the employee’s choice on how to proceed. 
      6. The Denver Sheriff Department Civil Unit (deputies or civilians) will not accept service, nor will they order, request, or suggest that the employee appear for service; it will be the employee’s decision on whether to be relieved of their post/work area to accept service of legal papers.
    4. Service of legal papers upon current DSD employees due to allegations based upon conduct as DSD employee:
      1. The following procedures are to be followed whenever a legal process is received for a current DSD employee who is being served with a summons and complaint as a result of his or her alleged actions in the performance of their duties as a DSD employee:
        1. Legal documents will only be accepted and served upon current DSD personnel after the appropriate fees have been tendered.
        2. Private process server(s) or other agency personnel who have legal papers to serve upon current employees of our facilities shall be directed to the DSD Civil Unit. 
        3. Employees of the Civil Unit will confirm that the individual in question is a current Denver Sheriff Department employee. Service of legal papers shall not be accepted for former DSD employees. 
        4. If confirmation is made and appropriate fees tendered, the process server or individual submitting documents shall be advised by the Civil Unit employee that the DSD Civil Unit employee is not accepting the summons & complaint on behalf of the employee or the City and County of Denver, but rather, is providing legal service for the employee.
        5. Upon acceptance, the Civil Unit employee shall immediately:
          1. Time stamp the summons & complaint 
          2. Notify the DSD Civil Unit supervisor
          3. Notify the DSD Civil Liabilities Unit and send a copy of the documents to them via fax or email
          4. Notify the Denver City Attorney’s Office
    5. Service of Legal Papers upon DHMC Personnel: 
      1. Health Services staff working within DSD facilities are employed by DHMC. Refer the process server or individual attempting to serve legal documents to:
        Denver Health Medical Center
        Legal Department
        General Counsel, 5th Floor
        660 Bannock Street
        Denver, CO 80204
    6. Under no circumstances will private process servers, other agency personnel or Public Defender Office personnel, be allowed in the secure areas of the jail(s) to serve papers on inmates, DSD employees (deputies and civilian staff), or DHMC personnel.
    7. Return of Service upon DSD Employees:
      1. A Denver Sheriff Department certificate/return-of-service affidavit shall be completed for each employee served.
      2. The Denver City Attorney’s Office and DSD Civil Liabilities Unit will be notified of the date and time employees were served.
  5. Responsibility: 
    1. Training:
      1. The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
    2. Management:
      1. The chief/unit commander or unit manager of any division or unit affected by this policy will:
        1. ensure that existing procedures and all newly developed orders are in compliance with this order;
        2. ensure that all affected personnel are made aware of this policy; and
        3. ensure this policy is reviewed annually for compliance with all federal, state, and local laws and standards.
    3. Supervisors:
      1. All supervisors will ensure that the provisions of this policy are being followed.
    4. Staff:
      1. All employees will comply with the provisions of this policy.
  6. Effective Date: This order will become effective on June 8th, 2022.
  7. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.