§ 259-q. Civil actions against board personnel. 1. No civil action
shall be brought in any court of the state, except by the attorney
general on behalf of the state, against any officer or employee of the
board of parole or former division of parole, in his personal capacity,
for damages arising out of any act done or the failure to perform any
act within the scope of the employment and in the discharge of the
duties by such officer or employee.

2. Any claim for damages arising out of any act done or the failure to
perform any act within the scope of the employment and in the discharge
of the duties of any officer or employee of the board of parole or
former division of parole shall be brought and maintained in the court
of claims as a claim against the state.

3. The state shall save harmless and indemnify any officer or employee
of the board of parole or former division of parole from financial loss
resulting from a claim filed in a court of the United States for damages
arising out of an act done or the failure to perform any act that was
(a) within the scope of the employment and in the discharge of the
duties of such officer or employee, and (b) not done or omitted with the
intent to violate any rule or regulation of the department, board or
former division or of any statute or governing case law of the state or
of the United States at the time the damages were sustained; provided
that the officer or employee shall comply with the provisions of
subdivision four of section seventeen of the public officers law.

4. (a) The provisions of this section shall supplement, and be
available in addition to, the provisions of section seventeen of the
public officers law and, insofar as this section is inconsistent with
section seventeen of the public officers law, the provisions of this
section shall be controlling.

(b) The provisions of this section shall not be construed in any way
to impair, modify or abrogate any immunity available to any officer or
employee of the board of parole or former division of parole under the
statutory or decisional law of the state or the United States.

5. This section shall not in any way impair, limit or modify the
rights and obligations of any insurer under any policy of insurance.

6. The benefits of subdivision three hereof shall inure only to
officers and employees of the board of parole or former division of
parole and shall not enlarge or diminish the rights of any other party.

7. This section shall apply with respect to claims arising on or after
the effective date of this section. Claims arising prior thereto shall
be governed by section seventeen of the public officers law or section
twenty-four of the correction law as the case may be.