THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FLECK, BENNINGHOFF, METZGAR, BAKER, BRENNAN, D. COSTA, DALEY, J. EVANS, GEIST, GEORGE, GOODMAN, HALUSKA, HANNA, HARKINS, HESS, KOTIK, MILLARD, MULLERY, MUNDY, MURT, REED, ROAE, STABACK, STERN AND SWANGER, JULY 11, 2012

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 11, 2012  

AN ACT

Establishing a bill of rights for correctional officers during

certain investigations 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 Bill of Rights Act.

Section 2.  Legislative intent.

It is the intent of the General Assembly to provide standards

to protect the rights 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:

"Correctional officer."  An individual employed as a

correctional officer by the Department of Corrections and given

the care, custody and control of inmates. 

"Department."  The Department of Corrections of the

Commonwealth.

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.

(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 maintained by the department on the

correctional officer.

(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

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 maintained by the

department on the 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 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 shall be admissible at a subsequent hearing,

trial or proceeding, judicial or administrative, to the

effect that 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

any person for damages suffered as a result of a complaint filed

against the correctional officer by that person which 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 shall be construed to diminish the

obligation of the department to comply with a collective

bargaining agreement which provides greater rights and coverage

to correctional officers than the rights and coverage provided

by this act. The rights and coverage under this act may not be

diminished by any collective bargaining agreement.

Section 7.  Summary suspensions.

(a)  Emergency suspension.--Emergency suspension of a

correctional officer may be imposed by the department if the

particular and unique circumstances of the situation dictate

that the action is necessary to protect the public interest or

the effective functioning of the department. A correctional

officer who is subjected to emergency suspension may be relieved

of duty, provided that the correctional officer receives all

ordinary pay and benefits as if the correctional officer were

not suspended.

(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.