PARRIS N. GLENDENING, Governor

Ch. 593

(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 § 3-820 of this article; OR

3.       IS APPROVED BY THE DEPARTMENT OF HUMAN
RESOURCES AS A COMMUNITY SERVICE WORK ACTIVITY PROVIDER UNDER
ARTICLE 88A OF THE CODE.

[(5)] (6) "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 4 of this article (Local Government Tort Claims Act) and that:

(I) [refers] REFERS an offender to or provides a work project to

which an offender is ordered or assigned to work; OR

(II) REFERS A PARTICIPANT TO OR PROVIDES A WORK PROJECT TO
WHICH A PARTICIPANT IS 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 OR PARTICIPANT 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 OR
PARTICIPANT unless the offender's OR PARTICIPANT'S conduct was:

(i) In the course of the offender's OR PARTICIPANT'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 OR
PARTICIPANT 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.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PARTICIPANT IS NOT PERSONALLY LIABLE FOR DAMAGES IN ANY CIVIL ACTION
BROUGHT AGAINST THE PARTICIPANT BY VIRTUE OF THE PARTICIPANT'S ACT OR
OMISSION IN COMMUNITY SERVICE WORK IF THE PRIVATE PROVIDER MAINTAINS
THE LIABILITY INSURANCE REQUIRED UNDER SUBSECTION (B)(3) OF THIS SECTION.

(2) A PARTICIPANT IS LIABLE FOR DAMAGES IN A CIVIL ACTION
BROUGHT AGAINST THE PARTICIPANT IN WHICH IT IS FOUND THAT THE DAMAGES
WERE THE RESULT OF THE PARTICIPANT'S WILLFUL, WANTON, OR GROSSLY
NEGLIGENT ACT OR OMISSION.

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