Overview
While the Suffolk County Sheriff’s Department’s (SCSD) Admission Process Policy S401 related to mittimus records contains section Procedure III(A), which states, “The booking room supervisor will convey by hand a copy of the booking sheet, the mittimus and all other documents that arrived with the inmate, to the Records Office,” it does not have internal policies or procedures for retention of mittimus records.
Section 918.05 of Title 103 of the Code of Massachusetts Regulations states,
The county correctional facility shall maintain a file of attested copies of all warrants, mittimuses, processes and other official papers by which an inmate is committed or released. Each such document shall be properly secured, preserved and protected with respect to privacy rights.
According to the Massachusetts Statewide Records Retention Schedule,
J10-19: Mittimus File
Retain 10 years after release or termination of parole.
This series is used to record and process the admission, transfer and release of an inmate.
SCSD’s superintendents told us that the Records Office does not have a procedure to retain all mittimus records that it receives and processes. Rather, the assistant deputy superintendent of custody assessment or the records supervisor ensured that copies of the mittimuses were included in the discharge packet before a sentenced inmate is released to another institution. When a mittimus had been superseded by a subsequent court docket, the Records Office does not retain prior mittimus records. By not retaining sentenced inmates’ and pretrial detainees’ mittimuses, SCSD lacked supporting documentation to verify that the information in the inmate information system contained accurate booking information for these individuals. Inadequate policies and procedures over the retention of records make information in SCSD’s inmate information system vulnerable to mistakes in the identification and incarceration terms of sentenced inmates and pretrial detainees, which could result in financial and/or reputational losses.
SCSD should establish policies and procedures (including monitoring controls) over its mittimus records to ensure proper record retention.
Auditee’s Response
SCSD is establishing a working group that is going to meet at the beginning of the upcoming calendar year to discuss the standardization of mittimus retention across both sites. We will look to formalize a written procedure and review the policy together in order to identify areas that may need to have language updated.
Auditor’s Reply
Based on its response, SCSD is taking measures to address our concerns regarding this matter. As part of our post-audit review process, we will follow up on this matter in approximately six months.
| Date published: | December 24, 2025 |
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