Civil actions against local department volunteers

§ 257-a. Civil actions against local department volunteers. 1. For\nthe purposes of this section the term "volunteer" means a person\nauthorized by a local probation department's director of the volunteer\nservices program to participate in the local department's volunteer\nservices program.\n 2. A local probation department may provide an attorney for and pay\nsuch attorney fees and expenses necessarily incurred in the defense of a\nvolunteer in any civil action commenced against him by reason of a claim\nof alleged negligence or other act of such person arising out of and in\nthe course of participating in a local department volunteer services\nprogram, and the local probation department may save harmless and\nindemnify such person from financial loss arising out of any claim,\ndemand, suit of judgment by reason of the alleged negligence or other\nact by such person provided that, at the time that such claim arose or\ndamages were sustained, such person was acting in the discharge of his\nduties and within the scope of his authorized duties and that such claim\nor cause of action or damages sustained did not result from the willful\nand wrongful act or gross negligence of such person.\n 3. A local probation department which authorizes indemnification under\nthis section, however, shall not be subject to the obligations imposed\nby this section unless such volunteer shall, within five days of the\ntime he is served with any summons, complaint, process, notice, demand\nor pleading, deliver the original or a copy thereof to the local\ndepartment and unless such person shall cooperate fully with the local\nprobation department in the defense of said claim, demand or suit. Upon\nsuch delivery the local probation department may assume control of the\nrepresentation of such person.\n 4. This section shall not in any way impair, limit or modify the\nrights and obligations under any policy of insurance.\n 5. The benefits of this section shall inure only to volunteers and\nshall not enlarge or diminish the rights of any other party.\n