NCJ Number
132661
Journal
Corrections Today Volume: 52 Issue: 5 Dated: (August 1990) Pages: 34,36,38,40,42
Date Published
1990
Length
5 pages
Annotation
Probation and parole officers must guard against incurring civil liability, particularly in the areas of records disclosure, public protection, officer arrests, firearm use, AIDS testing and disclosure, the use of volunteers, the operation of halfway houses, and in the supervision of other officers.
Abstract
An officer is not liable for revealing a client's records to an employer in the interest of public protection unless the client is a juvenile, in which case the client's records are confidential under the laws of most jurisdictions. Failure of an officer to reveal a client's criminal background to an employer does not incur officer liability unless the employer relies on representations made by the officer when hiring the employee. An officer may be legally liable for failure to act appropriately in the protection of a particular person when the officer had prior knowledge of a client's intent to harm the person. In jurisdictions where probation and parole officers have arrest powers, liability can ensue if an officer does not follow proper arrest procedures; when officers are allowed to carry firearms, liability may result from the inappropriate use of a firearm without proper training. Officer liability in AIDS testing and disclosure can usually be avoided by following State laws that govern AIDS testing and the disclosure of AIDS information. To avoid liability in the use of volunteers, probation and parole agencies must determine whether or not State workmen compensation law covers volunteers. Probation and parole departments that oversee halfway houses must ensure that they are operated legally and constitutionally. Parole and probation supervisors may be legally accountable for what their subordinates do and for how they manage their subordinates.