HB 970 — 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.

PRINTER'S NO.   1051

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 970
                                              Session of
                                                2025

     INTRODUCED BY PIELLI, MADDEN, GIRAL, HILL-EVANS, SANCHEZ,
        BRENNAN, CERRATO, MALAGARI AND CIRESI, MARCH 19, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2025


                                     AN ACT
 1   Providing for guidelines and procedures governing certain
 2      investigations and interrogations of correctional and
 3      forensic employees; authorizing certain civil suits by
 4      correctional officers; and providing for impact of collective
 5      bargaining agreements and 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   and Forensic Employees Investigation Procedure Act.
11   Section 2.   Legislative intent.
12      It is the intent of the General Assembly to establish
13   guidelines and procedures governing the investigation and
14   interrogation of correctional and forensic employees during
15   certain investigations by the Department of Corrections or
16   Department of Human Services.
17   Section 3.   Definitions.
18      The following words and phrases when used in this act shall
19   have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      "Correctional employee."    An individual employed under the
 3   Governor's jurisdiction with whom the duty of care, custody and
 4   control of an offender is required.
 5      "Department."    The Department of Corrections of the
 6   Commonwealth or the Department of Human Services of the
 7   Commonwealth.
 8      "Employee."    A correctional employee or forensic employee
 9   under this act.
10      "Forensic employee."    An individual employed under the
11   Governor's jurisdiction with whom the duty of care, custody and
12   control of a patient is required.
13      "Interrogation."    The formal and systematic questioning of an
14   employee accused in a complaint of misconduct which may result
15   in dismissal, demotion, suspension, reduction in salary, written
16   reprimand or transfer for punitive purposes. The term does not
17   include the normal questioning of an employee which occurs in
18   the normal course of duty, counseling, instruction, informal
19   verbal admonishment or other routine or unplanned contact with a
20   supervisor.
21      "Misconduct."    Any of the following:
22          (1)    The performance of an act which is unlawful.
23          (2)    The improper performance of a lawful act, including
24      an act which constitutes a violation of department policy for
25      which there is no analogous criminal offense.
26          (3)    The omission of an act which a person has a legal
27      duty to perform.
28   Section 4.    Rights of employees.
29      If an employee is under investigation and subject to
30   interrogation by the department, the following standards shall

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 1   apply:
 2            (1)   The interrogation shall take place at one of the
 3      following locations:
 4                  (i)    The office of the investigating officer.
 5                  (ii)    The office of a correctional facility or
 6            forensic facility conducting the investigation.
 7                  (iii)    An office within a building owned or leased by
 8            the department.
 9                  (iv)    Other locations as is necessary to protect the
10            safety or identity of the employee or is otherwise
11            consented to by the employee.
12            (2)   At the beginning of the interrogation, the employee
13      under interrogation shall be informed of the name and
14      professional title of the individual in charge of the
15      interrogation and the names and professional titles of each
16      individual that will be present.
17            (3)   The employee under interrogation shall be informed
18      whether the investigation is administrative and therefore
19      compelled as a condition of employment or criminal. Where an
20      investigation is administrative, the employee shall be read a
21      statement that the employee's answers are protected as a
22      matter of law and advised that the employee has a right to
23      representation. Where an investigation is criminal, the
24      employee shall be read warnings as provided by law and
25      advised any statements made are not compelled as a condition
26      of the employee's employment.
27            (4)   The interrogation shall allow for personal
28      necessities and for rest periods as are reasonably necessary.
29            (5)   The employee under interrogation may not be offered
30      promises of reward or threatened in connection with the

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 1      investigation.
 2            (6)    The complete interrogation shall be recorded with
 3      audio, including recess periods. A copy of the record shall
 4      be made available to the employee or the employee's counsel
 5      or representative, upon request, without cost.
 6            (7)    The employee under interrogation shall have the
 7      right to be represented by counsel or other representative as
 8      provided by existing Federal and State law.
 9            (8)    No employee may be compelled to submit to a
10      polygraph examination. No disciplinary action or other
11      recrimination may be taken against an employee for refusing
12      to submit to a polygraph examination. No testimony or
13      evidence shall be admissible at a subsequent hearing, trial
14      or proceeding, judicial or administrative, to the effect that
15      the employee refused to take a polygraph examination.
16            (9)    No employee may be subjected to or threatened with
17      adverse employment action as a result of the exercise of the
18      rights afforded to employees under this act.
19            (10)    No employees may be required to disclose greater
20      information as to property, income, assets, source of income,
21      debts or personal or domestic expenditures, including those
22      of any member of the employee's family or household, than the
23      principal elected officials of the department are required to
24      disclose, unless the nature of the investigation necessitates
25      the disclosure of the information and the information is
26      obtained under proper legal procedures.
27   Section 5.      Impact of collective bargaining agreements.
28      (a)   Additional rights.--
29            (1)    If there is a conflict between an existing
30      collective bargaining agreement and the rights and coverage

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 1      under this act, the collective bargaining agreement shall
 2      govern.
 3             (2)   The rights and coverage under this act may not be
 4      diminished by a collective bargaining agreement entered into
 5      or renewed on or after the effective date of this subsection.
 6      (b)    Department obligation.--Nothing in this act shall be
 7   construed to diminish the obligation of the department to comply
 8   with a collective bargaining agreement which provides greater
 9   rights and coverage to correctional officers than the rights and
10   coverage provided by this act.
11   Section 6.      Suspensions pending investigation.
12      (a)    Suspensions.--A suspension pending investigation of an
13   employee shall be in accordance with the provisions of 71
14   Pa.C.S. Pt. III (relating to civil service reform), regardless
15   of the employee's civil service status, except as follows:
16             (1)   No suspension pending investigation shall be
17      utilized unless the department has just cause for the
18      employee's removal from the workplace in lieu of a temporary
19      administrative transfer.
20             (2)   All suspensions pending investigation shall be with
21      pay and contractual benefits except as noted in subsection
22      (b).
23             (3)   Medical benefits and insurance shall continue during
24      the period of suspension.
25      (b)    Governor's code of conduct.--
26             (1)   An employee against whom a criminal proceeding has
27      been instituted and the requirements of 4 Pa. Code Ch. 7
28      Subch. K (relating to code of conduct for appointed officials
29      and State employees) have been triggered may be suspended
30      pending investigation without pay. Medical benefits and

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 1      insurance to which an employee and spouse and dependents are
 2      entitled by virtue of employment may not be suspended until
 3      conviction or separation of the employee from the department,
 4      whichever occurs first.
 5          (2)   If the employee's criminal charges are resolved and
 6      the provisions of 4 Pa. Code Ch. 7 Subch. K no longer apply,
 7      the employee shall be reinstated and reimbursed for all
 8      salary and benefits that have not been paid during the
 9      suspension period.
10   Section 7.   Effective date.
11      This act shall take effect in 60 days.




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