NCJ Number
89317
Date Published
1982
Length
36 pages
Annotation
The legal liability issues in probation and parole cover such areas as courts and basic legal concepts, presentence and preparole investigations and reports, parole and probation conditions, supervision, revocation, status changes, State tort law and negligence, and civil rights liabilities.
Abstract
In the section on general considerations, it is advised that there has been an increase in the number of lawsuits filed for alleged violations of Federal civil rights, with the trend including filings against probation/parole officers. Potential liabilities are noted to vary according to organizational patterns. The questions and answers on courts and basic legal concepts focus on the binding effect of court decisions, the legal status of agency rules and regulations, and the most common liability suits brought against probation/parole officers (violation of constitutional rights). Information about liability associated with sentencing and parole release hearings deals with recommendations offered by the officer, information provided the offender, and erroneous advice. The liabilities associated with the conditions of parole and probation concern the officer's power to modify conditions and offender assessments and level of supervision. Liabilities discussed in association with supervision issues include consideration of suits that might be filed by victims of probationers or parolees. Liability associated with revocation is examined for the process by which revocation is accomplished. Civil and criminal liabilities under both Federal and State law that affect probation/parole officers are broadly identified, and a portion of the handbook discusses section 1983 civil rights cases, which are most likely to be brought against an officer. The handbook concludes with a discussion of trends and some general advice.