PARRIS N. GLENDENING, Governor                            H.B. 407

(2)     "Agent" means an officer, director, trustee, employee, or volunteer of a
provider, but does not mean an offender.

(3) "Offender" means a person assigned or ordered to perform community
service:

(i) By a court according to the provisions of Article 27, § 726A of the
Code or § 3-820 of this article; [or]

(ii) By an intake officer under § 3-810 of this article; OR

(III) BY A COMMUNITY SERVICE COORDINATOR UNDER § 3-835.1 OF
THIS ARTICLE.

(4) "Private provider" means an organization that:

(i) Is exempt from taxation under § 501(c) of the Internal Revenue
Code; and

(ii) 1. Is approved by a community service program administrator
for participation in a community service program as described in Article 27, § 726A of the
Code; or

2. Provides work projects for juveniles assigned or ordered to
perform community service under [§ 3-810 or] § 3-810, § 3-820 OR § 3-835.1 of this
article.

(5) "Public provider" means a unit of State or local government that is
subject to Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims
Act) or Title 5, Subtitle 1 of this article (Local Government Tort Claims Act) and that
refers an offender to or provides a work project to which an offender is ordered or
assigned to work.

(b) (1) A private provider shall be liable up to the limits of the liability
insurance coverage required under paragraph (3) of this subsection or any applicable
insurance coverage, whichever is greater, for the negligent acts or omissions of:

(i) The private provider or its agents in providing projects or services
to, or performing duties for or on behalf of, a community service program; and

(ii) An offender in the course of participating in a work project the
private provider has provided for a community service program.

(2)     A private provider shall not be liable for the conduct of an offender
unless the offender's conduct was:

(i) In the course of the offender's participation in a project which the
private provider has provided for a community service program; and

(ii) Within the scope of the duties which the offender was assigned or
ordered to perform.

(3) A private provider shall maintain liability insurance in at least the
amounts specified in § 5-312(b)(3) of this subtitle.

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