ANALYSIS OF RISK OF EXTRAORDINARY LIABILITY AND RISK OF LOSS OF CUSTODY IN CAPTIS (COMPUTER ASSISTED PRISONER TRANSPORTATION INDEX SERVICE) COOPERATIVE TRANSPORTS

• NCJ Number: 50516
• Author(s): J MURPHY; R D ENGLER; R E TRIGGS
• Date Published: 1978
• Length: 40 pages
• Grant Number(s): 76-SS-99-6047
• Sponsoring Agency: National Criminal Justice Information & Statistics Service
• Corporate Author: National Sheriffs' Association (NSA)
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: CALCULUS OF RISK SERIES

Annotation

A LIABILITY ANALYSIS IS PRESENTED WITH RESPECT TO RISK FACTORS IN STATE AGENCY USE OF A COMPUTER SYSTEM DESIGNED TO FACILITATE THE RAPID AND COST-EFFECTIVE INTERSTATE TRANSPORTATION OF PRISONERS.

Abstract

TO ENCOURAGE DECISIONMAKERS AND PRACTITIONERS TO PARTICIPATE IN THE COMPUTER ASSISTED PRISONER TRANSPORTATION INDEX SERVICE (CAPTIS) WITHOUT FEAR OF LOSING CUSTODY OF PRISONERS BEING TRANSPORTED OR EXPOSING THEMSELVES TO EXTRAORDINARY VULNERABILITY TO TORT SUIT IN CASE AN INCIDENT OCCURS IN TRANSIT, TWO RISK ANALYSES ARE PROVIDED TO DEAL WITH THESE CONCERNS. AN EXAMINATION IS UNDERTAKEN OF THE RISK OF LOSS OF CUSTODY WHEN OUT-OF-STATE OFFICERS ARE EMPLOYED TO TRANSPORT PRISONERS, WITH ATTENTION TO THE NATURE OF CAPTIS AGENT APPOINTMENT, AREAS OF RISK, AND SECTIONS OF THE UNIFORM CRIMINAL EXTRADICTION ACT APPLICABLE TO THE DESIGNATION OF AN AGENT. IT IS CONCLUDED THAT A MOTION TO DISMISS IN THE DEMANDING STATE WOULD NOT BE SUSTAINED, THAT ONLY A MINIMUM RISK OF DELAY EXISTS WITH RESPECT TO A HABEAS CORPUS HEARING IN THE ASYLUM STATE, AND THAT A WRIT OF HABEAS CORPUS CHALLENGE TO THE LAWFULNESS OF CUSTODY BY CAPTIS AGENTS OVER FUGITIVES IN PASS-THROUGH STATES SHOULD NOT BE SUCCESSFUL. AN EXAMINATION OF THE RISK OF EXTRAORDINARY LIABILITY IN THE EVENT OF INJURY OR DEATH TO THE ESCORT OFFICER, PRISONER, OR BYSTANDERS IN THE COURSE OF THE PRISONER TRANSFER FOUND THAT THE RISK OF EXTRAORDINARY LIABILITY IN TORT OR INDEMNITY IS NEGLIGIBLE BECAUSE: (1) THE FREQUENCY OF DEATH OR INJURY DURING THE COURSE OF AN INTERSTATE PRISONER TRANSPORT IS VERY LOW; (2) ESTABLISHED PRINCIPLES OF TORT LAW AND INDEMNITY ARE AFFIRMED AND BUTTRESSED IN CONTRACT PROVISIONS TO ASSURE THAT THE PARTICIPANTS SHALL BECOME FINANCIALLY OBLIGATED ONLY FOR THE NEGLIGENCE OR MISCONDUCT OF THEIR OWN PERSONNEL; AND (3) THE RISK OF INJURY OR DEATH IS INSURABLE. FEDERAL AND STATE CODES, LAWS, AND COMPACTS ARE FOOTNOTED, ALONG WITH APPLICABLE JUDICIAL DECISIONS AND OTHER REFERENCES. TABULAR DATA ARE PROVIDED. SEE ALSO NCJ 50517-50521. (KBL)