(a) Neither a public entity nor a public employee is liable for:
- (1) An injury caused by an escaping or escaped person who has been confined for mental illness or addiction.
- (2) An injury to, or the wrongful death of, an escaping or escaped person who has been confined for mental illness or addiction.
(b) Nothing in this section exonerates a public employee from liability:
- (1) If he acted or failed to act because of actual fraud, corruption, or actual malice.
- (2) For injuries inflicted as a result of his own negligent or wrongful act or omission on an escaping or escaped mental patient in recapturing him.