77-38-619. Immunity from suit.
| (1) |
A program assistant, or a program assistant‘s employer, is immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under this part, unless:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 77-38-619- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
- Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
- Program assistant: means an individual designated by the commission under Section 77-38-604 to assist an applicant or program participant. See Utah Code 77-38-601
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the performance or nonperformance of a program assistant was manifestly outside the scope of the program assistant’s duties in the program; or |
| (b) |
the program assistant acted with malicious purpose, bad faith, or in a wanton or reckless manner. |
|
| (2) |
In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, or any other governmental immunity provided by law, the commission, the state, and the political subdivisions of the state are immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under the program. |
Amended by Chapter 237, 2023 General Session
