Indemnification of Sheriff for Injuries Arising out of Crime Prevention Programs

AMOUNT THE GENERAL OFFICE STATE OF ILLINOIS OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS March 5, 2002 Jim Ryan ATTORNEY GENERAL FILE NO. 02-004 COUNTIES: Indemnification of Sheriff for Injuries Arising out of Crime Prevention Programs The Honorable Joseph E. Birkett State's Attorney, DuPage County 505 North County Farm Road Wheaton, Illinois 60187 Dear Mr. Birkett: I have your letter wherein you inquire whether, pursu- ant to the provisions of section 5-1002 of the Counties Code (55 ILCS 5/5-1002 (West, 2000) a sheriff is entitled to indemnification with respect to judgments for injuries suffered by third parties which arise out of crime prevention programs in which the sheriff may engage. For the reasons hereinafter stated, it is my opinion that the county is required to indemnify the sheriff. with respect to such claims. Section 5-1002 of the Counties Code provides, in pertinent part: 500 South Second Street, Springfield, Illinois 62706 (217) 782-1090 TTY: (217) 785-2771 FAX: (217) 782-7046 100 West Randolph Street, Chicago, Illinois 60601 (312) 814-3000 TTY: (312) 814-3374 FAX: (312) 814-3806 1001 East Main, Carbondale, Illinois 62901 (618) 529-6400 TTY: (618) 529-6403 FAX: (618) 529-6416 The Honorable Joseph E. Birkett - 2. "Indemnity of sheriff or deputy. If any injury to the person or property of another is caused by a sheriff or any deputy sheriff, while the sheriff or deputy is engaged in the performance of his or her duties as such, and without the contributory negligence of the injured person or the owner of the injured property, or the agent or servant of the injured person or owner, the county shall indemnify the sheriff or deputy, as the case may be, for any judgment recovered against him or her as the result of that injury, except where the injury results from the wilful misconduct of the sheriff or deputy, as the case may be, to the extent of not to exceed $500,000, including costs of action. * * Section 5-1002 clearly requires indemnification of the sheriff for judgments resulting from an injury caused to another while the sheriff is engaged in the performance of his or her duties. Consequently, the only issue necessary to the resolution of this question is whether the sheriff's duties include partici- pation in crime prevention programs. The sheriff's duties are set out in division 3-6 of the Counties Code (55 ILCS 5/3-6001 et seq. (West 2000)) It has been held that these statutory duties are largely declaratory of the common law. (People ex rel. Rexses V. Cermak (1925), 239 Ill. App. 195, 199.) Section 3-6021 of the Code (55 ILCS 5/3- 6021 (West 2000) ) provides: "Conservator of the peace. Each sheriff shall be conservator of the peace in his or her county, and shall prevent crime and main- The Honorable Joseph E. Birkett - 3. tain the safety and order of the citizens of that county; and may arrest offenders on view, and cause them to be brought before the proper court for trial or examination." (Emphasis added.) Similarly, section 3-6022 of the Code (55 ILCS 5/3-6022 (West 2000) ) provides: "Posse comitatus. To keep the peace, prevent crime, or to execute any warrant, process, order or judgment [the sheriff] may call to his or her aid, when necessary, any person or the power of the county." (Emphasis added.) With respect to these statutory powers, one of my predecessors has stated that "it [is] the duty of the sheriff to prevent crime in his county; the Law which imposes upon him such duty must necessarily carry with it the implied power to exercise whatever means may be necessary to enable him to perform such duty * * * and the Law has undertaken to clothe such officers with ample power for that purpose." (Emphasis in original.) 1915 Ill. Att'y Gen. Op. 420, 422. Clearly, therefore, because the duties of the sheriff include the prevention of crime, it is within the scope of his or her statutory authority to institute, conduct or otherwise participate in programs designed to prevent crime. You have specifically mentioned certain programs as examples of your sheriff's activities in this area, including community policing, The Honorable Joseph E. Birkett - 4. DARE education programs at local schools, staffing of neighbor- hood resource centers and security surveys and assessments for schools and public facilities. Although there may be disagree- ment with respect to the effectiveness of any particular crime prevention program that the sheriff may choose to conduct, there can be no question but that involvement in such programs falls within the powers and duties of the office. It is my opinion, therefore, that when the sheriff engages in crime prevention programs, he or she is acting within the scope of his or her duties, and is entitled to indemnification under section 5-1002 of the Counties Code with respect thereto. Sincerely, Jame JAMES E. E. RYAN Ry Attorney General