[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1220.2-3]

[Page 54]
 
                        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.  1220.2-3  Procedure.

    (a) Immediately upon the arrest of any volunteer under circumstances 
in which the payment of bail to prevent incarceration or other serious 
consequences to the volunteer or the retention of an attorney prior to 
arraignment is necessary and is covered under Sec.  1220.2-1 or Sec.  
1220.2-2, sponsors shall immediately notify the appropriate ACTION state 
office or if the state office cannot be reached, the appropriate 
regional office. The regional office shall provide each sponsor with a 
24-hour telephone number.
    (b) Immediately after notification of the appropriate office, and 
with the approval thereof, the sponsor shall advance up to $500 for the 
payment of bail or such other legal expenses as are necessary prior to 
arraignment to prevent the volunteer from being incarcerated. In the 
event it is subsequently determined that ACTION or a sponsor is not 
responsible under this policy for the volunteer's defense, any such 
advance may be recovered directly from the volunteer or from allowances, 
stipends, or out-of-pocket expenses which are payable or become payable 
to the volunteer. In the case of a grassroots sponsor of full-time 
volunteers which is not able to provide the $500 the ACTION state or 
regional office shall immediately make such sum available to the 
sponsor.
    (c) Immediately upon receipt of notification from the sponsor, the 
state or regional office shall notify the General Counsel, giving all 
facts and circumstances at that time known to such office. Thereafter 
the office shall cooperate with the General Counsel in making an 
investigation of all surrounding facts and circumstances and shall 
provide such information immediately to the General Counsel.
    (d) The General Counsel shall, upon notification by the state or 
regional office, determine the extent to which ACTION will provide funds 
for the volunteer's defense or reimburse a sponsor for funds it spends 
on the volunteer's behalf. Included in this responsibility shall be the 
negotiation of fees and approval of other costs and expenses. State and 
regional offices are not authorized to commit ACTION to the payment of 
volunteers' legal expenses or to reimburse a sponsor except as provided 
above, without the express consent of the General Counsel. Additionally, 
the General Counsel shall, in cases arising directly out of the 
performance of authorized project activities, ascertain whether the 
services of the United States Attorney can be made available to the 
volunteer.
    (e) The sponsor and the state and regional office shall have a 
continuing responsibility for cooperation and coordination with the 
Office of General Counsel during the pendency of any such litigation, 
and of notifying the General Counsel of any facts and circumstances 
which come to the attention of such office or the sponsor which affects 
such litigation.