NCJ Number
102132
Date Published
1986
Length
41 pages
Annotation
This booklet reviews the types of legal liability that may be incurred by various participants in community service programs (unpaid, community work-assigned offenders in sentencing) and suggests ways to protect against such liability.
Abstract
Legal liability in the context of community service programs may be incurred under Federal law (a civil rights action) or State law (a tort). Liability that can be incurred by community service officers, supervisors, and agencies includes negligence in the areas of failure to train, hiring, assignment, failure to supervise, failure to direct, entrustment, and retention. Officers or agencies may be liable to third parties for injuries caused by offenders or by program volunteers, and liability to offenders may occur due to record disclosure, injuries in job performance, and offender injuries caused by volunteers. Government liability toward offenders may also result from acts of private agencies or persons. Officer or agency liability toward program volunteers may result from injuries caused by offenders or other injuries in the course of performing volunteer program duties. Protections against liability in community service programs derive from workers' compensation laws, legal representation and indemnification, and liability insurance. 9 notes.