Civil Liabilities and Other Legal Issues for Probation/Parole Officers and Supervisors: 4th Edition
Mar. 28, 2013
This NIC monograph is the 2013 revision and update of previous (1982, 1985, 2001) editions. It is relevant for all levels of probation and parole staff including supervisors and executives. While institutional corrections case law and liability issues are well known and established for jail and prison staff, with a wealth of resources available, this is one of the few, and most thorough, resources for community corrections professionals. Although general concepts of civil rights and liability exposure are similar in all corrections disciplines, the focused information in this document makes it specific and applicable to community corrections personnel so they can understand the issues and govern their behavior to reduce liability and limit exposure.
The first four chapters cover the general issues around civil liability such as tort, section 1983 action, civil versus criminal action, federal and state action, exposure and defenses, official versus personal liability, and immunity. The following thirteen chapters make these concepts specific to field services in a non-institutional setting.
This is an excellent resource for new and veteran staff at all levels of an agency that provides supervision of offenders in the community setting. At almost 300 pages, length equates to thoroughness and quality of relevant information. Additionally, it provides a wealth of information for trainers seeking to develop in-service refresher or pre-service in-depth civil liability training for probation and parole staff.
“Civil Liabilities and Other Legal Issues for Probation/Parole Officers and Supervisors” will be a welcome addition to your resource library.
The legal liabilities that probation and parole officers face as they perform their duties are explained. Chapters comprising this publication are: an overview of state and federal legal liabilities; civil liability under state law—state tort cases; civil liability under federal law—Section 1983 cases; legal representation, attorneys’ fees, and indemnification; presentence and preparole investigations and reports; supervision; conditions, modifications, and changes in status; revocation; emerging trends concerning liability of probation and parole officers for supervisors; vicarious liability; direct liability for supervisors; agency liability for acts of supervisors; the nature of inmates’ rights; inmates’ rights at parole release hearings; liability of parole officers for crimes committed by released offenders; immunity for parole board officials; and questions, specific concerns, and general advice.