PRINTER'S NO. 420
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
426
Session of
2017
INTRODUCED BY ARGALL, RESCHENTHALER, COSTA, LANGERHOLC,
YUDICHAK, RAFFERTY, STEFANO AND BREWSTER, FEBRUARY 27, 2017
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 27, 2017
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in county correctional institutions,
providing for county correctional officers investigation
procedures; establishing guidelines and procedures governing
certain investigations of correctional officers; authorizing
certain civil suits by correctional officers; providing for
impact of collective bargaining agreements and for summary
suspensions; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter A heading of Chapter 17 of Title 61 of
the Pennsylvania Consolidated Statutes is amended to read:
SUBCHAPTER A
[(RESERVED)] COUNTY CORRECTIONAL OFFICERS
INVESTIGATION PROCEDURE
Section 2. Subchapter A of Chapter 17 of Title 61 is amended
by adding sections to read:
§ 1701. Scope of subchapter.
This subchapter relates to correctional officers
i nvestigation procedure .
§ 1702. Legislative intent.
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It is the intent of the General Assembly to establish
guidelines and procedures governing the investigation of county
correctional officers during certain investigations by the
administrative bodies of county correctional institutions.
§ 1703. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative body." The board or other governing body of
a county correctional institution.
"County correctional officer." An individual employed as a
correctional officer by an administrative body and given the
care, custody and control of inmates.
§ 1704. Rights of county correctional officers.
(a) General rule.--If a county correctional officer is under
investigation and subject to interrogation by an administrative
body, the following standards shall apply:
(1) The interrogation shall be conducted after not less
than 24 hours' notice and shall occur when the county
correctional officer is on duty, unless the seriousness of
the investigation necessitates an immediate investigation.
The county correctional officer may not be terminated from
employment or disciplined for 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 county correctional
institution conducting the investigation.
(iii) An office within a building owned or leased by
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the county.
(iv) Any other location as is necessary to protect
the safety or identity of the county correctional
officer.
(3) At the beginning of the interrogation, the county
correctional officer under interrogation shall be informed of
the name and rank of the county correctional officer in
charge of the interrogation and the names and ranks of all
county correctional personnel that will be present.
(4) The county 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 county 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 maintained by the administrative body on
the county correctional officer.
(6) The interrogation shall allow for personal
necessities and for rest periods as are reasonably necessary.
(7) The county 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 recess periods. A copy of the record shall be made
available to the county correctional officer or the county
correctional officer's counsel or representative, upon
request, without cost.
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(9) If the county correctional officer is under arrest
at the time of the interrogation, the county correctional
officer shall be completely informed of the county
correctional officer's constitutional rights and all rights
under the law prior to the commencement of the interrogation.
(10) The county correctional officer under interrogation
shall have the right to be represented by counsel or other
representative. To the extent that the county correctional
officer is represented for purposes of collective bargaining
by a collective bargaining representative under State law,
the county 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 county 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 each personnel file maintained
by the administrative body on the county correctional
officer.
(ii) Notwithstanding paragraph (i), no complaint
which alleges conduct that would constitute a misdemeanor
or felony offense, if proven, shall 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 county correctional officer may be compelled to
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submit to a polygraph examination. No disciplinary action or
other recrimination may be taken against a county
correctional officer for refusing to submit to a polygraph
examination. No testimony or evidence shall be admissible at
a subsequent hearing, trial or proceeding, judicial or
administrative, to the effect that the county correctional
officer refused to take a polygraph examination.
(13) No county correctional officer may be subjected to
or threatened with adverse employment action as a result of
the exercise of the rights accorded to county correctional
officers under this subchapter.
(14) No county 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 county correctional
officer's family or household, than the principal elected
officials of the administrative body are required to
disclose, unless the information is obtained under proper
legal procedures.
(b) Applicability.--This section may not apply to an
interrogation of a county correctional officer in the normal
course of duty, counseling, instruction, informal verbal
admonishment or other routine or unplanned contact with a
supervisor or other officer.
§ 1705. Civil suits by county correctional officers.
A county correctional officer shall have a cause of action
against a person for damages suffered as a result of a complaint
filed against the county correctional officer by the person,
which complaint is found to be:
(1) without merit and frivolous; or
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(2) without merit and made in bad faith.
§ 1706. Construction.
Nothing in this subchapter shall be construed to diminish the
obligation of an administrative body to comply with a collective
bargaining agreement which provides greater rights and coverage
to county correctional officers than the rights and coverage
provided by this subchapter. The rights and coverage under this
subchapter may not be diminished by any collective bargaining
agreement.
§ 1707 . Suspensions.
(a) General rule.--Suspension of a county 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 county 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.--
(1) A county 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 the county correctional officer and the
county correctional officer's spouse and dependents are
entitled by virtue of employment may not be suspended until
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conviction or separation of the county correctional officer
from an administrative body.
(2) If the county correctional officer is acquitted of
the criminal charges, the county correctional officer shall
be reinstated and reimbursed for all salary and benefits that
have not been paid during the suspension period.
Section 3. This act shall take effect in 60 days.
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