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73C - Legal Process Handling - 2019
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73C - Legal Process Handling - 2019
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73C – Legal Process Handling <br /> <br /> <br /> <br />Policy & Procedure Page 2 of 13 <br />• Seizure of property or money according to M.G.L. Chapter 94C, Section <br />47 (property subject to forfeiture under the Controlled Substance Act) <br />and M.G.L. Chapter 276, Section 3 (disposition of property seized <br />under a search warrant). <br />• Service of civil process under M.G.L. Chapter 209A (Abuse Law), <br />M.G.L. 258E, and M.G.L. Chapter 273A (Uniform Reciprocal <br />Enforcement of Support). <br /> <br />The procedures outlined in this policy are designed to ensure adequacy of <br />information, accuracy, timeliness, accessibility, and accountability in the delivery <br />of legal processes. Department personnel will adhere to guidelines listed below <br />to ensure information is transmitted completely and accurately both to and from <br />outside agencies when it comes to serving legal processes. <br /> <br /> PROCEDURES <br /> <br />A. Accountability and Control <br /> <br />1. The Captain of Administration, or designee, shall be responsible for <br />administering and managing the Department's legal process system. <br />2. Personnel from the Central Records, under the direction of the Captain <br />of Administration, will record and otherwise process each warrant, <br />summons, subpoena or other legal process. <br />3. Other personnel, as directed in this policy, may be responsible for <br />various duties associated with the handling of legal processes. <br /> <br />B. Record Keeping <br /> <br />1. Access to Records <br /> <br />a. Every officer shall have access to the Department's criminal records <br />file system 24 hours a day by requesting the assistance of a <br />command staff officer or personnel assigned to Central Records. <br />b. Abuse orders shall be filed at the front desk for immediate 24-hour <br />access to all officers and Dispatch personnel. <br />c. An audible "beep" will alert personnel using the central computer <br />system that a Lexington abuse order is active and in effect for the <br />person being queried. This information should be confirmed by <br />examining the abuse file and checking the person in question <br />through CJIS before making an arrest. <br />d. Arrest warrants are available 24-hours a day in the Warrant <br />Management System (WMS) available on-line. [74.1.3(f)] <br /> <br />2. Legal processes (except abuse orders) to be served by the Department <br />shall be forwarded to Central Records for recording and processing. <br /> <br />
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