Section 257-A. Civil actions against local department volunteers  


Latest version.
  • 1.  For
      the purposes of  this  section  the  term  "volunteer"  means  a  person
      authorized  by  a local probation department's director of the volunteer
      services program to participate  in  the  local  department's  volunteer
      services program.
        2.  A  local  probation department may provide an attorney for and pay
      such attorney fees and expenses necessarily incurred in the defense of a
      volunteer in any civil action commenced against him by reason of a claim
      of alleged negligence or other act of such person arising out of and  in
      the  course  of  participating  in a local department volunteer services
      program, and the  local  probation  department  may  save  harmless  and
      indemnify  such  person  from  financial  loss arising out of any claim,
      demand, suit of judgment by reason of the alleged  negligence  or  other
      act  by  such person provided that, at the time that such claim arose or
      damages were sustained, such person was acting in the discharge  of  his
      duties and within the scope of his authorized duties and that such claim
      or  cause of action or damages sustained did not result from the willful
      and wrongful act or gross negligence of such person.
        3. A local probation department which authorizes indemnification under
      this section, however, shall not be subject to the  obligations  imposed
      by  this  section  unless  such volunteer shall, within five days of the
      time he is served with any summons, complaint, process,  notice,  demand
      or  pleading,  deliver  the  original  or  a  copy  thereof to the local
      department and unless such person shall cooperate fully with  the  local
      probation  department in the defense of said claim, demand or suit. Upon
      such delivery the local probation department may assume control  of  the
      representation of such person.
        4.  This  section  shall  not  in  any way impair, limit or modify the
      rights and obligations under any policy of insurance.
        5. The benefits of this section shall inure  only  to  volunteers  and
      shall not enlarge or diminish the rights of any other party.