1Establishing <-rights of correctional officers during certain 
2investigations by the Department of Corrections <-guidelines 
3and procedures governing certain investigations of 
4correctional officers; authorizing certain civil suits by
5correctional officers; and providing for impact of collective
6bargaining agreements and for summary suspensions.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Correctional
11Officers <-Bill of Rights Act Investigation Procedure Act.

12Section 2. Legislative intent.

13It is the intent of the General Assembly to <-provide standards 
14to protect the rights <-establish guidelines and procedures 
15governing the investigation of correctional officers during
16certain investigations by the Department of Corrections.

17Section 3. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Correctional officer." An individual employed as a
3correctional officer by the Department of Corrections and given
4the care, custody and control of inmates.

5"Department." The Department of Corrections of the
6Commonwealth.

7Section 4. Rights of correctional officers.

8(a) General rule.--If a correctional officer is under
9investigation and subject to interrogation by the department,
10the following standards shall apply:

11(1) The interrogation shall be conducted after not less
12than 24 hours' notice and shall occur when the correctional
13officer is on duty, unless the seriousness of the
14investigation is such that an immediate investigation is
15necessary. The correctional officer may not be terminated
16from employment or disciplined for any work missed because of
17the interrogation.

18(2) The interrogation shall take place at one of the
19following locations:

20(i) The office of the investigating officer.

21(ii) The office of the correctional facility
22conducting the investigation.

23(iii) An office within a building owned or leased by
24the department.

25(iv) Such other location as is necessary to protect
26the safety or identity of the correctional officer.

27(3) At the beginning of the interrogation, the
28correctional officer under interrogation shall be informed of
29the name and rank of the correctional officer in charge of
30the interrogation and the names and ranks of any correctional

1personnel that will be present.

2(4) The correctional officer under interrogation shall
3be informed in writing of the nature of the complaint and
4provided with the name or names of the complainant not less
5than 24 hours prior to the interrogation.

6(5) If an anonymous or unsworn complaint is made against
7a correctional officer and no corroborative evidence is
8obtained within the applicable statute of limitations for the
9analogous criminal offense, the complaint shall be classified
10as unfounded and shall be completely expunged from any
11personnel file maintained by the department on the
12correctional officer.

13(6) The interrogation shall allow for personal
14necessities and for rest periods as are reasonably necessary.

15(7) The correctional officer under interrogation may not
16be offered promises of reward or threatened in connection
17with the investigation.

18(8) The complete interrogation shall be recorded,
19including any recess periods. A copy of the record shall be
20made available to the correctional officer or the
21correctional officer's counsel or representative, upon
22request, without cost.

23(9) If the correctional officer is under arrest at the
24time of the interrogation, the correctional officer shall be
25completely informed of the correctional officer's
26constitutional rights and all rights under the law prior to
27the commencement of the interrogation.

28(10) The correctional officer under interrogation shall
29have the right to be represented by counsel or other
30representative. To the extent that the correctional officer

1is represented for purposes of collective bargaining by a
2collective bargaining representative pursuant to State law,
3the correctional officer shall also have the right to have an
4agent from the exclusive collective bargaining representative
5present.

6(11) Prompt action shall be required as follows:

7(i) Except as provided under subparagraph (ii), when
8a complaint is made against a correctional officer more
9than 90 days after the applicable statute of limitations
10has expired for the civil wrong alleged, the complaint
11shall be classified as unfounded and shall be completely
12expunged from any personnel file maintained by the
13department on the correctional officer.

14(ii) Notwithstanding paragraph (i), no complaint
15which alleges conduct that would constitute a misdemeanor
16or felony offense, if proven, shall be classified as
17unfounded or expunged as a stale complaint until the
18applicable statute of limitations expires as prescribed
19under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
20proceedings).

21(12) No correctional officer may be compelled to submit
22to a polygraph examination. No disciplinary action or other
23recrimination may be taken against a correctional officer for
24refusing to submit to a polygraph examination. No testimony
25or evidence shall be admissible at a subsequent hearing,
26trial or proceeding, judicial or administrative, to the
27effect that the correctional officer refused to take a
28polygraph examination.

29(13) No correctional officer may be subjected to or
30threatened with adverse employment action as a result of the

1exercise of the rights accorded to correctional officers
2under this act.

3(14) No correctional officer may be required to disclose
4greater information as to property, income, assets, source of
5income, debts or personal or domestic expenditures, including
6those of any member of the correctional officer's family or
7household, than the principal elected officials of the
8department are required to disclose, unless the information
9is obtained under proper legal procedures.

10(b) Routine, informed or unplanned interrogation or
11contact.--This section shall not apply to any interrogation of a
12correctional officer in the normal course of duty, counseling,
13instruction, informal verbal admonishment or other routine or
14unplanned contact with a supervisor or any other officer.

15Section 5. Civil suits by correctional officers.

16A correctional officer shall have a cause of action against
17any person for damages suffered as a result of a complaint filed
18against the correctional officer by that person which is found
19to be any of the following:

20(1) Without merit and frivolous.

21(2) Without merit and made in bad faith.

22Section 6. Impact of collective bargaining agreements.

23Nothing in this act shall be construed to diminish the
24obligation of the department to comply with a collective
25bargaining agreement which provides greater rights and coverage
26to correctional officers than the rights and coverage provided
27by this act. The rights and coverage under this act may not be
28diminished by any collective bargaining agreement.

<-29Section 7. Summary suspensions.

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

1correctional officer may be imposed by the department if the
2particular and unique circumstances of the situation dictate
3that the action is necessary to protect the public interest or
4the effective functioning of the department. A correctional
5officer who is subjected to emergency suspension may be relieved
6of duty, provided that the correctional officer receives all
7ordinary pay and benefits as if the correctional officer were
8not suspended.

<-9Section 7. Suspensions.

10(a) General rule.--Suspension of a correctional officer
11shall be in accordance with provisions of the act of August 5,
121941 (P.L.752, No.286), known as the "Civil Service Act," except
13as follows:

14(1) No suspension based on a pending internal
15investigation shall last more than 60 days from the effective
16date of suspension.

17(2) Written notice of suspension shall be provided to
18the corrections officer no later than five working days after
19the effective date of suspension.

20(3) Medical benefits and insurance shall continue during
21the period of suspension.

22(b) Criminal charges.--A correctional officer against whom a
23criminal proceeding involving a misdemeanor or felony offense
24has been instituted may be suspended without pay pending
25disposition of the criminal charges. Medical benefits and
26insurance to which a correctional officer and spouse and
27dependents are entitled by virtue of employment may not be
28suspended until conviction or separation of the correctional
29officer from the department. If the correctional officer is
30acquitted of the criminal charges, the correctional officer

1shall be reinstated and reimbursed for all salary and benefits
2that have not been paid during the suspension period.

3Section 8. Effective date.

4This act shall take effect in 60 days.