23A-28-11 Community service restitution--Plan preparation, approval and modification--Recipients exe...
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Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance
and certain civil liability.
If the sentencing court orders suspended imposition of sentence, suspended
sentence, or probation, the court may require as a condition that the defendant, in cooperation with
the court services officer assigned to the defendant, promptly prepare a plan of community service
restitution, including the number of work hours to be performed, where the community service work
is to be performed, and the time necessary for completion of the community service work. The plan
of community service restitution shall be submitted promptly to the court. The court may enter an
order approving the plan or modifying it. Any defendant sentenced to community service restitution
is not an agent or employee of the recipients of these services. Any recipient of community service
restitution, described in subdivision § 23A-28-2(1), does not have to provide the defendant with
reemployment assistance insurance pursuant to Title 61 nor with workers' compensation insurance
pursuant to Title 62. Recipients and their officers, agents, and employees are immune from any cause
of action for civil damages brought by the defendant or any third party if the cause of action arises
from any act of commission or omission by the recipient or any of its officers, agents, or employees
or any act of commission or omission by the defendant and the acts arise out of or are in connection
with a community service restitution plan, except when the cause of action is the result of gross
negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees
and except to the extent that the recipient has purchased liability insurance. Nothing in this section
relieves individual defendants from responsibility for their individual acts.
Source: SL 1981, ch 191, § 2; SL 1986, ch 197; SL 2019, ch 216, § 28.
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