Legal Issues and Liabilities in Community Corrections (From Probation, Parole, and Community Corrections, P 47-70, 1985, Lawrence F Travis III, ed. - See NCJ-105068)

• NCJ Number: 105071
• Author(s): R V del Carmen
• Date Published: 1985
• Length: 24 pages
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Community corrections personnel need to know the limits the law has set on their activities and be aware of how legislation and court decisions have reduced the discretion they have had in the past.

Abstract

The legal limits apply to probation and parole, other community corrections programs, and to the officers employed in these areas. Most of the court cases to date have involved probation and parole. The decisions in this area have, unfortunately, fostered antagonistic relationships between officers and clients. Decisions have affected parole release proceedings, the immunity of parole officials for damage resulting from parole release decisions, changes in parole conditions, liability relating to disclosure of information to third parties, and revocation procedures. Decisions related to other types of community corrections have involved the liability of private providers, the rights of private providers, the use of volunteers, and the liability of a governmental agency for a private agency's actions. In addition, Federal and State civil and criminal laws have established many sources of legal liabilities for probation, parole, and community corrections officers. Good faith and official immunity are the defenses most often used in civil rights suits. Community corrections officials can expect judicial intervention to continue and to limit both innovation and arbitrariness. 49 references.