LIABILITY IN CORRECTIONAL VOLUNTEER PROGRAMS - PLANNING FOR POTENTIAL PROBLEMS

• NCJ Number: 28589
• Author(s): P J GURFEIN; T STREFF
• Date Published: 1975
• Length: 48 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Assoc.
• Sale Source: National Information Ctr on Volunteerism, Inc; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS DOCUMENT PRESENTS BASIC INFORMATION WHICH STATE AGENCIES AND VOLUNTEER ORGANIZATIONS NEED TO UNDERSTAND THE LEGAL IMPLICATIONS AND POSSIBLE LIABILITIES RESULTING FROM THEIR PARTICIPATION IN THE CORRECTIONAL SYSTEM.

Abstract

THE BASIC CONCEPTS AND THE MEANS BY WHICH THEY HAVE BEEN APPLIED IN SELECTED JURISDICTIONS ARE FIRST EXAMINED. INCLUDED IN THIS DISCUSSION ARE THE TORT LIABILITY OF STATE AGENCIES, THE TORT LIABILITY OF THE STATE, AND THE LIABILITY OF THE VOLUNTEER. THE SPECIFIC LIABILITY RELATIONSHIPS REVIEWED INCLUDE: LIABILITY OF STATE AND LOCAL GOVERNMENTS TO OUTSIDE PARTIES FOR ACTS OF VOLUNTEER PROGRAM PERSONNEL, ESPECIALLY THE VOLUNTEERS THEMSELVES; LIABILITY OF VOLUNTEER PROGRAMS OR AGENCIES OPERATING SUCH VOLUNTEER PROGRAMS TO VOLUNTEERS WHO MAY BE HARMED OR INJURED IN THE COURSE OF THEIR PROGRAM WORK; AND LIABILITY OF VOLUNTEERS THEMSELVES TO OUTSIDE PARTIES FOR INJURY OR DAMAGE RESULTING FROM THEIR VOLUNTEER WORK. AFTER PRESENTING THE VARIOUS LIABILITY MODES INHERENT IN VOLUNTEER PROGRAMS OPERATION, THE PAMPHLET REVIEWS THE LEGAL DEFENSES TO LIABILITY AND THE MEANS WITH WHICH STATES HAVE MET THE CHALLENGE OF LIABILITY, INCLUDING WORKMEN'S COMPENSATION, GENERAL PRIVATE INSURANCE COVERAGE, A STATE TORTS CLAIMS ACT, OR WAIVERS. THE APPENDIXES INCLUDE A COMPREHENSIVE CHART INDICATING EACH STATE'S SPECIFIC TORTS CLAIMS PROCEDURES, A CHART LISTING EACH STATE'S POLICY ON WORKMEN'S COMPENSATION WITH RESPECT TO VOLUNTEERS, SAMPLE STATE LEGISLATION AND WAIVER FORMS, AND THE TEXT OF THE MONTANA STATE INSURANCE PLAN AND TORTS CLAIMS ACT. (AUTHOR ABSTRACT MODIFIED)