PRINTER'S NO. 331
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
404
Session of
2015
INTRODUCED BY ARGALL, YUDICHAK, BAKER, BROWNE, GORDNER, SMITH,
TARTAGLIONE, RAFFERTY AND BREWSTER, FEBRUARY 5, 2015
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 5, 2015
AN ACT
Establishing guidelines and procedures governing certain
investigations of correctional officers; 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.
"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.
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(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
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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
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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) Applicability.--This section shall not apply to an
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 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 the person which complaint
is found to be:
(1) without merit and frivolous; or
(2) without merit and made in bad faith.
Section 6. Construction.
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. Suspensions.
(a) General rule.--Suspension of a correctional officer
shall be in accordance with provisions of the act of August 5,
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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.--
(1) 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.
(2) 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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