PRINTER'S NO. 536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
478
Session of
2015
INTRODUCED BY BOBACK, MATZIE, D. COSTA, COHEN, A. HARRIS,
MILLARD, READSHAW, MASSER, MAJOR, DUSH, DONATUCCI, DELOZIER,
GOODMAN, ROZZI, MURT AND HARKINS, FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2015
AN ACT
Establishing guidelines and procedures governing certain
investigations of correctional officers by the Department of
Corrections; authorizing certain civil suits by correctional
officers; and providing for impact of collective bargaining
agreements and for summary suspensions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Correctional
Officers Investigation Procedure Act.
Section 2. Legislative intent.
It is the intent of the General Assembly to establish
guidelines and procedures governing the investigation of
correctional officers during certain investigations by the
Department of Corrections.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Correctional officer." An individual employed as a
correctional officer by the Department of Corrections and given
the care, custody and control of inmates. The term shall include
a forensic security employee.
"Department." The Department of Corrections of the
Commonwealth.
"Forensic security employee." An individual employed by the
department who performs nonprofessional nursing work in a
specialized occupational field providing care to mentally
disabled patients at institutions with forensic units.
Section 4. Rights of correctional officers.
(a) General rule.--If a correctional officer is under
investigation and subject to interrogation by the department,
the following standards shall apply:
(1) The interrogation shall be conducted after not less
than 24 hours' notice and shall occur when the correctional
officer is on duty, unless the seriousness of the
investigation is such that an immediate investigation is
necessary. The correctional officer may not be terminated
from employment or disciplined for any work missed because of
the interrogation.
(2) The interrogation shall take place at one of the
following locations:
(i) The office of the investigating officer.
(ii) The office of the correctional facility
conducting the investigation.
(iii) An office within a building owned or leased by
the department.
(iv) Such other location as is necessary to protect
the safety or identity of the correctional officer.
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(3) At the beginning of the interrogation, the
correctional officer under interrogation shall be informed of
the name and rank of the correctional officer in charge of
the interrogation and the names and ranks of any correctional
personnel that will be present.
(4) The correctional officer under interrogation shall
be informed in writing of the nature of the complaint and
provided with the name or names of the complainant not less
than 24 hours prior to the interrogation.
(5) If an anonymous or unsworn complaint is made against
a correctional officer and no corroborative evidence is
obtained within the applicable statute of limitations for the
analogous criminal offense, the complaint shall be classified
as unfounded and shall be completely expunged from any
personnel file of the correctional officer maintained by the
department.
(6) The interrogation shall allow for personal
necessities and for rest periods as are reasonably necessary.
(7) The correctional officer under interrogation may not
be offered promises of reward or threatened in connection
with the investigation.
(8) The complete interrogation shall be recorded,
including any recess periods. A copy of the record shall be
made available to the correctional officer or the
correctional officer's counsel or representative, upon
request, without cost.
(9) If the correctional officer is under arrest at the
time of the interrogation, the correctional officer shall be
completely informed of the correctional officer's
constitutional rights and all rights under the law prior to
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the commencement of the interrogation.
(10) The correctional officer under interrogation shall
have the right to be represented by counsel or other
representative. To the extent that the correctional officer
is represented for purposes of collective bargaining by a
collective bargaining representative pursuant to State law,
the correctional officer shall also have the right to have an
agent from the exclusive collective bargaining representative
present.
(11) Prompt action shall be required as follows:
(i) Except as provided under subparagraph (ii), when
a complaint is made against a correctional officer more
than 90 days after the applicable statute of limitations
has expired for the civil wrong alleged, the complaint
shall be classified as unfounded and shall be completely
expunged from any personnel file of the correctional
officer maintained by the department.
(ii) Notwithstanding paragraph (i), no complaint
that alleges conduct that would constitute a misdemeanor
or felony offense, if proven, may be classified as
unfounded or expunged as a stale complaint until the
applicable statute of limitations expires as prescribed
under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
proceedings).
(12) No correctional officer may be compelled to submit
to a polygraph examination. No disciplinary action or other
recrimination may be taken against a correctional officer for
refusing to submit to a polygraph examination. No testimony
or evidence may be admissible at a subsequent hearing, trial
or proceeding, judicial or administrative, to the effect that
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the correctional officer refused to take a polygraph
examination.
(13) No correctional officer may be subjected to or
threatened with adverse employment action as a result of the
exercise of the rights accorded to correctional officers
under this act.
(14) No correctional officer may be required to disclose
greater information as to property, income, assets, source of
income, debts or personal or domestic expenditures, including
those of any member of the correctional officer's family or
household, than the principal elected officials of the
department are required to disclose, unless the information
is obtained under proper legal procedures.
(b) Routine, informed or unplanned interrogation or
contact.--This section shall not apply to any interrogation of a
correctional officer in the normal course of duty, counseling,
instruction, informal verbal admonishment or other routine or
unplanned contact with a supervisor or any other officer.
Section 5. Civil suits by correctional officers.
A correctional officer shall have a cause of action against a
person for damages suffered as a result of a complaint filed
against the correctional officer by that person that is found to
be any of the following:
(1) Without merit and frivolous.
(2) Without merit and made in bad faith.
Section 6. Impact of collective bargaining agreements.
Nothing in this act may be construed to diminish the
obligation of the department to comply with a collective
bargaining agreement that provides greater rights and coverage
to correctional officers than the rights and coverage provided
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by this act. The rights and coverage under this act may not be
diminished by any collective bargaining agreement.
Section 7. Suspensions.
(a) General rule.--Suspension of a correctional officer
shall be in accordance with provisions of the act of August 5,
1941 (P.L.752, No.286), known as the Civil Service Act, except
as follows:
(1) No suspension based on a pending internal
investigation shall last more than 60 days from the effective
date of suspension.
(2) Written notice of suspension shall be provided to
the corrections officer no later than five working days after
the effective date of suspension.
(3) Medical benefits and insurance shall continue during
the period of suspension.
(b) Criminal charges.--A correctional officer against whom a
criminal proceeding involving a misdemeanor or felony offense
has been instituted may be suspended without pay pending
disposition of the criminal charges. Medical benefits and
insurance to which a correctional officer and spouse and
dependents are entitled by virtue of employment may not be
suspended until conviction or separation of the correctional
officer from the department. If the correctional officer is
acquitted of the criminal charges, the correctional officer
shall be reinstated and reimbursed for all salary and benefits
that have not been paid during the suspension period.
Section 8. Effective date.
This act shall take effect in 60 days.
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