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Civil Liabilities and Other Legal Issues for Probation/Parole Officers and Supervisors: Third Edition

NCJ Number
190779
Author(s)
Rolanda V. del Carmen; Maldine Beyh Barnhill; Gene Bonham Jr.; Lance Hignite; Todd Jermstad
Date Published
2001
Length
213 pages
Annotation
This third edition report sought to inform probation and parole officers, at all professional levels, in regards to legal liabilities, in particular civil liabilities, and aid them in understanding the basic liability concepts in the avoidance of lawsuits.
Abstract
Since the first edition of this monograph in 1982, it has been estimated that the number of probation and parole liability lawsuits has increased. Probation and parole officers are susceptible to liability lawsuits in whatever they do that is job related. This third edition on legal liabilities, specifically civil liabilities, for probation and parole officers and supervisors discusses lawsuits stemming from allegations of non-performance and improper performance of official duties and responsibilities. The report examines concerns of probation and parole officers that appear to offer the most fertile grounds for litigation. The report consists of 11 chapters covering various liability issues that include: (1) an overview of State and Federal legal liabilities; (2) civil liability under State and Federal law; (3) legal representation, attorney fees, and indemnification; (4) pre-sentence/pre-parole investigations and reports; (5) liability of parole board members for release or non-release; (6) conditions, modifications, and changes in status; (7) supervision; (8) revocation; (9) liabilities of supervisors; and (10) questions, concerns, and general advice. The report aids in properly informing probation and parole officers about their legal liabilities. Appendices, glossary