Pennsylvania SB 113: 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.

Bill Text

PRINTER'S NO. 64
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 113
Session of
2025
INTRODUCED BY ARGALL, LANGERHOLC, LAUGHLIN, STEFANO, FONTANA AND
KANE, JANUARY 22, 2025
REFERRED TO LABOR AND INDUSTRY, JANUARY 22, 2025
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. If 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. If 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) An employee may not 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,