PRINTER'S NO. 205
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
239
Session of
2023
INTRODUCED BY ARGALL, KANE, ROBINSON, LANGERHOLC, STEFANO,
LAUGHLIN AND J. WARD, JANUARY 31, 2023
REFERRED TO LABOR AND INDUSTRY, JANUARY 31, 2023
AN ACT
Providing for guidelines and procedures governing certain
investigations and interrogations of correctional and
forensic employees; 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
and Forensic Employees Investigation Procedure Act.
Section 2. Legislative intent.
It is the intent of the General Assembly to establish
guidelines and procedures governing the investigation and
interrogation of correctional and forensic employees during
certain investigations by the Department of Corrections or
Department of Human Services.
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
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context clearly indicates otherwise:
"Correctional employee." An individual employed under the
Governor's jurisdiction with whom the duty of care, custody and
control of an offender is required.
"Department." The Department of Corrections of the
Commonwealth or the Department of Human Services of the
Commonwealth.
"Employee." A correctional or forensic employee under this
act.
"Forensic employee." An individual employed under the
Governor's jurisdiction with whom the duty of care, custody and
control of a patient is required.
"Interrogation." The formal and systematic questioning of an
employee accused in a complaint of misconduct which may result
in dismissal, demotion, suspension, reduction in salary, written
reprimand or transfer for punitive purposes. The term does not
include the normal questioning of an employee which occurs in
the normal course of duty, counseling, instruction, informal
verbal admonishment or other routine or unplanned contact with a
supervisor.
"Misconduct." Any of the following:
(1) The performance of an act which is unlawful.
(2) The improper performance of a lawful act, including
an act which constitutes a violation of department policy for
which there is no analogous criminal offense.
(3) The omission of an act which a person has a legal
duty to perform.
Section 4. Rights of employees.
If an employee is under investigation and subject to
interrogation by the department, the following standards shall
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apply:
(1) The interrogation shall take place at one of the
following locations:
(i) The office of the investigating officer.
(ii) The office of a correctional facility or
forensic facility conducting the investigation.
(iii) An office within a building owned or leased by
the department.
(iv) Other locations as is necessary to protect the
safety or identity of the employee or is otherwise
consented to by the employee.
(2) At the beginning of the interrogation, the employee
under interrogation shall be informed of the name and
professional title of the individual in charge of the
interrogation and the names and professional titles of each
individual that will be present.
(3) The employee under interrogation shall be informed
whether the investigation is administrative and therefore
compelled as a condition of employment or criminal. Where an
investigation is administrative, the employee shall be read a
statement that the employee's answers are protected as a
matter of law and advised that the employee has a right to
representation. Where an investigation is criminal, the
employee shall be read warnings as provided by law and
advised any statements made are not compelled as a condition
of the employee's employment.
(4) The interrogation shall allow for personal
necessities and for rest periods as are reasonably necessary.
(5) The employee under interrogation may not be offered
promises of reward or threatened in connection with the
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investigation.
(6) The complete interrogation shall be recorded with
audio, including recess periods. A copy of the record shall
be made available to the employee or the employee's counsel
or representative, upon request, without cost.
(7) The employee under interrogation shall have the
right to be represented by counsel or other representative as
provided by existing Federal and State law.
(8) No employee may be compelled to submit to a
polygraph examination. No disciplinary action or other
recrimination may be taken against an employee 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 employee refused to take a polygraph examination.
(9) No employee may be subjected to or threatened with
adverse employment action as a result of the exercise of the
rights afforded to employees under this act.
(10) No employees 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 employee's family or household, than the
principal elected officials of the department are required to
disclose, unless the nature of the investigation necessitates
the disclosure of the information and the information is
obtained under proper legal procedures.
Section 5. Impact of collective bargaining agreements.
(a) Additional rights.--
(1) If there is a conflict between an existing
collective bargaining agreement and the rights and coverage
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under this act, the collective bargaining agreement shall
govern.
(2) The rights and coverage under this act may not be
diminished by a collective bargaining agreement entered into
or renewed on or after the effective date of this subsection.
(b) Department obligation.--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.
Section 6. Suspensions pending investigation.
(a) General rule.--A suspension pending investigation of an
employee shall be in accordance with the provisions of 71
Pa.C.S. Pt. III (relating to civil service reform), regardless
of the employee's civil service status, except as follows:
(1) No suspension pending investigation shall be
utilized unless the department has just cause for the
employee's removal from the workplace in lieu of a temporary
administrative transfer.
(2) All suspensions pending investigation shall be with
pay and contractual benefits except as noted in subsection
(b).
(3) Medical benefits and insurance shall continue during
the period of suspension.
(b) Governor's code of conduct.--
(1) An employee against whom a criminal proceeding has
been instituted and the requirements of 4 Pa. Code Ch. 7,
Subch. K (relating to code of conduct for appointed officials
and State employees) have been triggered may be suspended
pending investigation without pay. Medical benefits and
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insurance to which an employee and spouse and dependents are
entitled by virtue of employment may not be suspended until
conviction or separation of the employee from the department,
whichever occurs first.
(2) If the employee's criminal charges are resolved and
the provisions of 4 Pa. Code Ch. 7, Subch. K no longer apply,
the employee shall be reinstated and reimbursed for all
salary and benefits that have not been paid during the
suspension period.
Section 7. Effective date.
This act shall take effect in 60 days.
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