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This entry was published on 2014-09-22
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SECTION 257-A
Civil actions against local department volunteers
Executive (EXC) CHAPTER 18, ARTICLE 12-A
§ 257-a. Civil actions against local department volunteers. 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.