AN ACT

 

1Establishing rights of correctional officers during certain
2investigations by the Department of Corrections; authorizing
3certain civil suits by correctional officers; and providing
4for impact of collective bargaining agreements and for
5summary suspensions.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Correctional
10Officers Bill of Rights Act.

11Section 2. Legislative intent.

12It is the intent of the General Assembly to provide standards
13to protect the rights of correctional officers during certain
14investigations by the Department of Corrections.

15Section 3. Definitions.

16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Correctional officer." An individual employed as a

1correctional officer by the Department of Corrections and given
2the care, custody and control of inmates.

3"Department." The Department of Corrections of the
4Commonwealth.

5Section 4. Rights of correctional officers.

6(a) General rule.--If a correctional officer is under
7investigation and subject to interrogation by the department,
8the following standards shall apply:

9(1) The interrogation shall be conducted after not less
10than 24 hours' notice and shall occur when the correctional
11officer is on duty, unless the seriousness of the
12investigation is such that an immediate investigation is
13necessary. The correctional officer may not be terminated
14from employment or disciplined for any work missed because of
15the interrogation.

16(2) The interrogation shall take place at one of the
17following locations:

18(i) The office of the investigating officer.

19(ii) The office of the correctional facility
20conducting the investigation.

21(iii) An office within a building owned or leased by
22the department.

23(iv) Such other location as is necessary to protect
24the safety or identity of the correctional officer.

25(3) At the beginning of the interrogation, the
26correctional officer under interrogation shall be informed of
27the name and rank of the correctional officer in charge of
28the interrogation and the names and ranks of any correctional
29personnel that will be present.

30(4) The correctional officer under interrogation shall

1be informed in writing of the nature of the complaint and
2provided with the name or names of the complainant not less
3than 24 hours prior to the interrogation.

4(5) If an anonymous or unsworn complaint is made against
5a correctional officer and no corroborative evidence is
6obtained within the applicable statute of limitations for the
7analogous criminal offense, the complaint shall be classified
8as unfounded and shall be completely expunged from any
9personnel file maintained by the department on the
10correctional officer.

11(6) The interrogation shall allow for personal
12necessities and for rest periods as are reasonably necessary.

13(7) The correctional officer under interrogation may not
14be offered promises of reward or threatened in connection
15with the investigation.

16(8) The complete interrogation shall be recorded,
17including any recess periods. A copy of the record shall be
18made available to the correctional officer or the
19correctional officer's counsel or representative, upon
20request, without cost.

21(9) If the correctional officer is under arrest at the
22time of the interrogation, the correctional officer shall be
23completely informed of the correctional officer's
24constitutional rights and all rights under the law prior to
25the commencement of the interrogation.

26(10) The correctional officer under interrogation shall
27have the right to be represented by counsel or other
28representative. To the extent that the correctional officer
29is represented for purposes of collective bargaining by a
30collective bargaining representative pursuant to State law,

1the correctional officer shall also have the right to have an
2agent from the exclusive collective bargaining representative
3present.

4(11) Prompt action shall be required as follows:

5(i) Except as provided under subparagraph (ii), when
6a complaint is made against a correctional officer more
7than 90 days after the applicable statute of limitations
8has expired for the civil wrong alleged, the complaint
9shall be classified as unfounded and shall be completely
10expunged from any personnel file maintained by the
11department on the correctional officer.

12(ii) Notwithstanding paragraph (i), no complaint
13which alleges conduct that would constitute a misdemeanor
14or felony offense, if proven, shall be classified as
15unfounded or expunged as a stale complaint until the
16applicable statute of limitations expires as prescribed
17under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
18proceedings).

19(12) No correctional officer may be compelled to submit
20to a polygraph examination. No disciplinary action or other
21recrimination may be taken against a correctional officer for
22refusing to submit to a polygraph examination. No testimony
23or evidence shall be admissible at a subsequent hearing,
24trial or proceeding, judicial or administrative, to the
25effect that the correctional officer refused to take a
26polygraph examination.

27(13) No correctional officer may be subjected to or
28threatened with adverse employment action as a result of the
29exercise of the rights accorded to correctional officers
30under this act.

1(14) No correctional officer may be required to disclose
2greater information as to property, income, assets, source of
3income, debts or personal or domestic expenditures, including
4those of any member of the correctional officer's family or
5household, than the principal elected officials of the
6department are required to disclose, unless the information
7is obtained under proper legal procedures.

8(b) Routine, informed or unplanned interrogation or
9contact.--This section shall not apply to any interrogation of a
10correctional officer in the normal course of duty, counseling,
11instruction, informal verbal admonishment or other routine or
12unplanned contact with a supervisor or any other officer.

13Section 5. Civil suits by correctional officers.

14A correctional officer shall have a cause of action against
15any person for damages suffered as a result of a complaint filed
16against the correctional officer by that person which is found
17to be any of the following:

18(1) Without merit and frivolous.

19(2) Without merit and made in bad faith.

20Section 6. Impact of collective bargaining agreements.

21Nothing in this act shall be construed to diminish the
22obligation of the department to comply with a collective
23bargaining agreement which provides greater rights and coverage
24to correctional officers than the rights and coverage provided
25by this act. The rights and coverage under this act may not be
26diminished by any collective bargaining agreement.

27Section 7. Summary suspensions.

28(a) Emergency suspension.--Emergency suspension of a
29correctional officer may be imposed by the department if the
30particular and unique circumstances of the situation dictate

1that the action is necessary to protect the public interest or
2the effective functioning of the department. A correctional
3officer who is subjected to emergency suspension may be relieved
4of duty, provided that the correctional officer receives all
5ordinary pay and benefits as if the correctional officer were
6not suspended.

7(b) Criminal charges.--A correctional officer against whom a
8criminal proceeding involving a misdemeanor or felony offense
9has been instituted may be suspended without pay pending
10disposition of the criminal charges. Medical benefits and
11insurance to which a correctional officer and spouse and
12dependents are entitled by virtue of employment may not be
13suspended until conviction or separation of the correctional
14officer from the department. If the correctional officer is
15acquitted of the criminal charges, the correctional officer
16shall be reinstated and reimbursed for all salary and benefits
17that have not been paid during the suspension period.

18Section 8. Effective date.

19This act shall take effect in 60 days.