[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1220.2-1]



[Page 53]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1220_PAYMENT OF VOLUNTEER LEGAL EXPENSES--Table of Contents

 

                     Subpart B_Criminal Proceedings

 

Sec. 1220.2-1  Full-time volunteers.





    (a)(1) ACTION will pay all reasonable expenses for defense of full-

time volunteers up to and including arraignment in Federal, state, and 

local criminal proceedings, except in cases where it is clear that the 

charged offense results from conduct which is not related to his service 

as a volunteer.

    (2) Situations where conduct is clearly unrelated to a volunteer's 

service are those that arise either:

    (i) In a period prior to volunteer service,

    (ii) Under circumstances where the volunteer is not at his assigned 

volunteer project location, such as during periods of administrative, 

vacation, or emergency leave, or

    (iii) When he is at his volunteer station, but the activity or 

action giving rise to the charged offense is clearly not part of, or 

required by, such assignment.

    (b) Reasonable expenses in criminal proceedings beyond arraignment 

may be paid in cases where:

    (1) The charge against the volunteer relates to his assignment or 

status as a volunteer, and not his personal status or personal matters. 

A charge relating to a volunteer's assignment arises out of any activity 

or action which is a part of, or required by, such assignment. A charge 

relating to a volunteer's status is motivated exclusively by the fact 

that a defendant is a volunteer.

    (2) The volunteer has not admitted a willful or knowing violation of 

law, and

    (3) The charge(s) is not a minor misdemeanor, such as a minor 

vehicle violation for which a fine or bail forfeiture will not exceed 

$100.

    (c) Notwithstanding the foregoing, there may be situations in which 

the criminal proceeding results from a situation which could give rise 

to a civil claim under the Federal Tort Claims Act. In such situations, 

the Justice Department may agree to defend the volunteer. In those 

cases, unless there is a conflict between the volunteer's interest and 

that of the government, ACTION will not pay for additional private 

representation for the volunteer.