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