Ch. 72                                           1993 LAWS OF MARYLAND

(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 THE COURTS THIS ARTICLE; OR

(II)     BY AN INTAKE OFFICER UNDER § 3-810 OF THE COURTS THIS
ARTICLE.

(4)      "PRIVATE PROVIDER" MEANS A PRIVATE CHARITABLE

ORGANIZATION AS DEFINED IN § 5-314 OF THE COURTS ARTICLE, A PUBLIC OR
COMMUNITY SERVICE ASSOCIATION, OR A GOVERNMENTAL ENTITY NOT DEFINED
BY PARAGRAPH (5) OF THIS SUBSECTION THAT PROVIDES A WORK PROJECT TO
WHICH AN OFFENDER IS ORDERED OR ASSIGNED TO WORK 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 § 3-820 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 4 OF
THE COURTS 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 ANY
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:

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