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NCJRS Abstract

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NCJ Number: 89917 Find in a Library
Title: Liability in Community Corrections Programs
Corporate Author: Virginia Dept of Criminal Justice Services
Criminal Justice Research Ctr
United States of America
Date Published: 1983
Page Count: 11
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Virginia Dept of Criminal Justice Services
Richmond, VA 23219
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: This pamphlet identifies the various liabilities that may conceivably arise in different categories of community corrections programs, and the insurance alternatives available for each liability are outlined.
Abstract: To determine which kinds of insurance are appropriate for a particular program it should be decided into which of the following categories the program falls: (1) where the offender is not on probation and the offender's only responsibility is to perform certain community services for a government unit or a nonprofit organization, (2) where the offender is on probation and is also required to perform community services, (3) where the offender is on conditional or unconditional probation, (4) where the program is developed in accordance with Virginia's Community Diversion Incentive Act, and (5) where the program involves diversion and residential placement. After deciding into which category a program falls, the possible liabilities noted in this pamphlet should be considered and discussed with the city or county attorney as well as current insurance carrier. If the agency or locality should already have the type of insurance required, the current insurer should have specific knowledge of participation in the community corrections program. Where the locality coordinating the community service program has assigned the offender to perform service for a nonprofit organization, the contract with that organization should include a clause holding the locality 'harmless from all claims, suits, and liabilities caused by or resulting from the performance of the offenders' as well as a clause requiring the organization itself to obtain adequate insurance protection. Additionally, a certificate of insurance should be provided by the local agency allowing 30 days notice of cancellation or nonrenewal.
Index Term(s): Civil liability; Community-based corrections (adult); Virginia
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