§ 1591. Sheriffs and other officers

There shall be paid to sheriffs' departments and constables in civil causes and to sheriffs, deputy sheriffs, and constables for the transportation and care of prisoners, juveniles, and patients with a mental condition or psychiatric disability the following fees:

(1) Civil process:

(A) For serving each process, the fees shall be as follows:

(i) $10.00 for each reading or copy wherein the officer is directed to make an arrest;

(ii) $50.00 upon presentation of each return of service for the service of papers relating to divorce, annulments, separations, or support complaints;

(iii) $50.00 upon presentation of each return of service for the service of papers relating to civil suits except as provided in subdivisions (1)(A)(ii) and (1)(A)(vii) of this title;

(iv) $50.00 upon presentation of each return of service for the service of a subpoena and shall be limited to that one fee for each return of service;

(v) For each arrest $15.00;

(vi) For taking bail $15.00;

(vii) On levy of execution or order of foreclosure: for each mile of actual travel in making a demand, sale or adjournment, the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees' Association, Inc.; for making demand, $15.00 for posting notices, $15.00 each, and the rate per mile allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees' Association, Inc. for each mile of necessary travel; for notice of continuance, $15.00;

(viii) For sale on each execution, or order of foreclosure amounting to $350.00, or under, 10 percent thereof, with a minimum fee of $35.00 and up to an additional two percent on amounts exceeding $350.00; for each deed of land sold on execution or order of foreclosure, $100.00; for return on execution or report of sale on foreclosure, $15.00, and the additional amount required to be paid the town clerk; be allowed reasonable attorneys' fees of drawing the deed of sale to the purchaser and for drawing the Vermont property tax return form connected therewith, and shall be allowed the fees and recording costs in connection with the procuring and recording of any necessary certified copies, orders, certificates, and reports of sale connected with the execution or foreclosure sales;

(ix) For securing property attached on mesne process, a sheriff or other officer shall be allowed a reasonable sum as fees, subject to the provision and allowance of the court.

(B) For each mile of actual travel in the necessary performance of duty in civil matters, the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees' Association, Inc.

(C) All civil process to be served by a sheriff or deputy sheriff shall be directed to their respective sheriff's department for service. The sheriff shall assign civil process to personnel within the department to ensure that process is completed in a timely and orderly manner. All payments for service of civil process shall be made to the sheriff's department. A sheriff or deputy sheriff shall not be entitled to fees paid for service of process nor shall a sheriff receive fees or payment in lieu of fees for civil process, except payment for actual and necessary expenses. A sheriff may appoint deputy sheriffs and establish compensation for service of civil process.

(D) The Executive Director of the Department of State's Attorneys and Sheriffs shall develop a uniform reporting system to reflect:

(i) civil process received by a sheriff's department;

(ii) payments made to a sheriff's department for service including fees and reimbursements;

(iii) payments made by the sheriff's department to deputy sheriffs for serving process;

(iv) disbursements for other necessary expenses.

(E) Quarterly, 15 percent of the gross civil process fees received by a sheriff's department during that quarter shall be forwarded to the State Treasurer for deposit in the State's General Fund.

(2) For the transportation and care of prisoners, juveniles, and patients with a mental condition or psychiatric disability:

(A) For necessary assistance in arresting or transporting prisoners, juveniles, or persons with mental illness the sum of $18.00 per hour for each deputy sheriff or assistant so required if the sheriff or constable makes oath that the deputy sheriff, assistant, or assistants were required giving the name of the assistant or assistants if there were more than one; provided, however, a full-time law enforcement officer shall not receive compensation under this subsection if otherwise compensated for the hours during which such transportation is performed. In addition to the rate established in this section, the sheriffs' department shall be reimbursed for the costs of the employers' contribution to Social Security and workers' compensation insurance attributable to services provided under this section. Reimbursement shall be calculated on an hourly basis; the sheriff's department shall also be reimbursed for the costs of employer contributions for unemployment compensation, when a claim is filed and the percentage owed from the sheriff's department to the State can be accounted for under this section;

(B) For board and keeping, such sum as is actually expended shall be allowed for each prisoner when in charge of an officer who cannot reasonably place the prisoner in a jail or lockup for safekeeping;

(C) For each mile of actual travel, for transporting prisoners, juveniles, and patients with a mental condition or psychiatric disability:

(i) five cents more per mile than the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees' Association, Inc.; or

(ii) twenty cents more per mile than the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees' Association, Inc. when four or more prisoners, juveniles, or people receiving mental health services are transported in a single vehicle designed to carry six or more passengers in addition to the driver.

(D) The amount actually awarded by the claims commission established under section 931 et seq. of this title in a small claims proceeding pursuant to 12 V.S.A. chapter 187 for which the law enforcement personnel or agency have not otherwise been compensated from insurance or other source for damages caused to a law enforcement agency's vehicle or to a law enforcement officer's personal vehicle by a prisoner, juvenile, or mental health patient while being transported by the officer in the performance of the officer's duty. (Amended 1973, No. 117, §§ 11, 17; 1973, No. 266 (Adj. Sess.), § 7; 1977, No. 218 (Adj. Sess.), § 7; 1977, No. 222 (Adj. Sess.), § 11, eff. July 2, 1978; 1979, No. 141 (Adj. Sess.), § 18; 1981, No. 91, § 11, eff. July 5, 1981; 1981, No. 249 (Adj. Sess.), § 21; 1983, No. 243 (Adj. Sess.), § 11; 1985, No. 225 (Adj. Sess.), § 12; 1987, No. 121, § 9; 1987, No. 183 (Adj. Sess.), §§ 13a, 14; 1989, No. 277 (Adj. Sess.), § 18a; 1995, No. 31, § 1; 1997, No. 28, § 8, eff. May 15, 1997; 1999, No. 62, § 56a; 2003, No. 70 (Adj. Sess.), § 24, eff. March 1, 2004; 2005, No. 72, § 4; 2007, No. 153 (Adj. Sess.), § 5; 2013, No. 50, § E.207; 2013, No. 96 (Adj. Sess.), § 195.)