NCJ Number
89917
Date Published
1983
Length
11 pages
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.