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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ARGALL, RAFFERTY, WARD, YUDICHAK, SOLOBAY, WOZNIAK, CORMAN, KASUNIC, YAW AND D. WHITE, OCTOBER 10, 2012 |
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| REFERRED TO LABOR AND INDUSTRY, OCTOBER 10, 2012 |
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| AN ACT |
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1 | Establishing rights of correctional officers during certain |
2 | investigations by the Department of Corrections; authorizing |
3 | certain civil suits by correctional officers; and providing |
4 | for impact of collective bargaining agreements and for |
5 | summary suspensions. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Correctional |
10 | Officers Bill of Rights Act. |
11 | Section 2. Legislative intent. |
12 | It is the intent of the General Assembly to provide standards |
13 | to protect the rights of correctional officers during certain |
14 | investigations by the Department of Corrections. |
15 | Section 3. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | "Correctional officer." An individual employed as a |
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1 | correctional officer by the Department of Corrections and given |
2 | the care, custody and control of inmates. |
3 | "Department." The Department of Corrections of the |
4 | Commonwealth. |
5 | Section 4. Rights of correctional officers. |
6 | (a) General rule.--If a correctional officer is under |
7 | investigation and subject to interrogation by the department, |
8 | the following standards shall apply: |
9 | (1) The interrogation shall be conducted after not less |
10 | than 24 hours' notice and shall occur when the correctional |
11 | officer is on duty, unless the seriousness of the |
12 | investigation is such that an immediate investigation is |
13 | necessary. The correctional officer may not be terminated |
14 | from employment or disciplined for any work missed because of |
15 | the interrogation. |
16 | (2) The interrogation shall take place at one of the |
17 | following locations: |
18 | (i) The office of the investigating officer. |
19 | (ii) The office of the correctional facility |
20 | conducting the investigation. |
21 | (iii) An office within a building owned or leased by |
22 | the department. |
23 | (iv) Such other location as is necessary to protect |
24 | the safety or identity of the correctional officer. |
25 | (3) At the beginning of the interrogation, the |
26 | correctional officer under interrogation shall be informed of |
27 | the name and rank of the correctional officer in charge of |
28 | the interrogation and the names and ranks of any correctional |
29 | personnel that will be present. |
30 | (4) The correctional officer under interrogation shall |
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1 | be informed in writing of the nature of the complaint and |
2 | provided with the name or names of the complainant not less |
3 | than 24 hours prior to the interrogation. |
4 | (5) If an anonymous or unsworn complaint is made against |
5 | a correctional officer and no corroborative evidence is |
6 | obtained within the applicable statute of limitations for the |
7 | analogous criminal offense, the complaint shall be classified |
8 | as unfounded and shall be completely expunged from any |
9 | personnel file maintained by the department on the |
10 | correctional officer. |
11 | (6) The interrogation shall allow for personal |
12 | necessities and for rest periods as are reasonably necessary. |
13 | (7) The correctional officer under interrogation may not |
14 | be offered promises of reward or threatened in connection |
15 | with the investigation. |
16 | (8) The complete interrogation shall be recorded, |
17 | including any recess periods. A copy of the record shall be |
18 | made available to the correctional officer or the |
19 | correctional officer's counsel or representative, upon |
20 | request, without cost. |
21 | (9) If the correctional officer is under arrest at the |
22 | time of the interrogation, the correctional officer shall be |
23 | completely informed of the correctional officer's |
24 | constitutional rights and all rights under the law prior to |
25 | the commencement of the interrogation. |
26 | (10) The correctional officer under interrogation shall |
27 | have the right to be represented by counsel or other |
28 | representative. To the extent that the correctional officer |
29 | is represented for purposes of collective bargaining by a |
30 | collective bargaining representative pursuant to State law, |
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1 | the correctional officer shall also have the right to have an |
2 | agent from the exclusive collective bargaining representative |
3 | present. |
4 | (11) Prompt action shall be required as follows: |
5 | (i) Except as provided under subparagraph (ii), when |
6 | a complaint is made against a correctional officer more |
7 | than 90 days after the applicable statute of limitations |
8 | has expired for the civil wrong alleged, the complaint |
9 | shall be classified as unfounded and shall be completely |
10 | expunged from any personnel file maintained by the |
11 | department on the correctional officer. |
12 | (ii) Notwithstanding paragraph (i), no complaint |
13 | which alleges conduct that would constitute a misdemeanor |
14 | or felony offense, if proven, shall be classified as |
15 | unfounded or expunged as a stale complaint until the |
16 | applicable statute of limitations expires as prescribed |
17 | under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal |
18 | proceedings). |
19 | (12) No correctional officer may be compelled to submit |
20 | to a polygraph examination. No disciplinary action or other |
21 | recrimination may be taken against a correctional officer for |
22 | refusing to submit to a polygraph examination. No testimony |
23 | or evidence shall be admissible at a subsequent hearing, |
24 | trial or proceeding, judicial or administrative, to the |
25 | effect that the correctional officer refused to take a |
26 | polygraph examination. |
27 | (13) No correctional officer may be subjected to or |
28 | threatened with adverse employment action as a result of the |
29 | exercise of the rights accorded to correctional officers |
30 | under this act. |
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1 | (14) No correctional officer may be required to disclose |
2 | greater information as to property, income, assets, source of |
3 | income, debts or personal or domestic expenditures, including |
4 | those of any member of the correctional officer's family or |
5 | household, than the principal elected officials of the |
6 | department are required to disclose, unless the information |
7 | is obtained under proper legal procedures. |
8 | (b) Routine, informed or unplanned interrogation or |
9 | contact.--This section shall not apply to any interrogation of a |
10 | correctional officer in the normal course of duty, counseling, |
11 | instruction, informal verbal admonishment or other routine or |
12 | unplanned contact with a supervisor or any other officer. |
13 | Section 5. Civil suits by correctional officers. |
14 | A correctional officer shall have a cause of action against |
15 | any person for damages suffered as a result of a complaint filed |
16 | against the correctional officer by that person which is found |
17 | to be any of the following: |
18 | (1) Without merit and frivolous. |
19 | (2) Without merit and made in bad faith. |
20 | Section 6. Impact of collective bargaining agreements. |
21 | Nothing in this act shall be construed to diminish the |
22 | obligation of the department to comply with a collective |
23 | bargaining agreement which provides greater rights and coverage |
24 | to correctional officers than the rights and coverage provided |
25 | by this act. The rights and coverage under this act may not be |
26 | diminished by any collective bargaining agreement. |
27 | Section 7. Summary suspensions. |
28 | (a) Emergency suspension.--Emergency suspension of a |
29 | correctional officer may be imposed by the department if the |
30 | particular and unique circumstances of the situation dictate |
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1 | that the action is necessary to protect the public interest or |
2 | the effective functioning of the department. A correctional |
3 | officer who is subjected to emergency suspension may be relieved |
4 | of duty, provided that the correctional officer receives all |
5 | ordinary pay and benefits as if the correctional officer were |
6 | not suspended. |
7 | (b) Criminal charges.--A correctional officer against whom a |
8 | criminal proceeding involving a misdemeanor or felony offense |
9 | has been instituted may be suspended without pay pending |
10 | disposition of the criminal charges. Medical benefits and |
11 | insurance to which a correctional officer and spouse and |
12 | dependents are entitled by virtue of employment may not be |
13 | suspended until conviction or separation of the correctional |
14 | officer from the department. If the correctional officer is |
15 | acquitted of the criminal charges, the correctional officer |
16 | shall be reinstated and reimbursed for all salary and benefits |
17 | that have not been paid during the suspension period. |
18 | Section 8. Effective date. |
19 | This act shall take effect in 60 days. |
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