NCJ Number
99952
Date Published
1985
Length
215 pages
Annotation
To guide probation/parole officers in protecting themselves against possible lawsuits, this manual provides an overview of relevant legal liabilities and discusses specific liability areas such as parole and probation conditions, supervision, and revocation.
Abstract
The introductory section reviews corrections law, the organization of probation and parole agencies, court proceedings, and basic legal concepts. The major section providing an overview of relevant legal liabilities begins with an explanation of applicable civil and criminal liabilities under Federal and State law. Types of civil damages are also reviewed. A detailed analysis of civil liability under 42 U.S. Code Section 1983 (civil rights cases) considers basic elements of a Section 1983 suit and defenses in such suits. A detailed examination of liability under State law focuses on tort law and negligence cases, including possible defendant parties in tort cases. A discussion of legal representation and indemnification concludes the overview of legal liabilities. The major section on specific liability areas considers presentence/preparole investigations and reports, the parole release hearing, probation and parole conditions, modification of conditions, supervision, and revocation. The liabilities of agency supervisors and liability for private programs and community service work are also considered. The manual's concluding section notes trends in litigation against parole/probation officers, provides general advice, and reviews specific concerns and important questions. Chapter notes and a glossary.