"Correctional officer." An individual employed as a
correctional officer by the Department of Corrections and given
the care, custody and control of inmates.
"Department." The Department of Corrections of the
Commonwealth.
"Interrogation." The formal and systematic questioning of a
correctional officer accused in a complaint of malfeasance,
misfeasance or nonfeasance that may result in dismissal,
demotion, suspension, reduction in salary, written reprimand or
transfer for punitive purposes. The term does not include the
questioning of a correctional officer that occurs in the normal
course of duty, counseling, instruction, informal verbal
admonishment or other routine or unplanned contact with a
supervisor or any other officer.
"Malfeasance." The performance of an unlawful act.
"Misfeasance." The improper performance of a lawful act. The
term includes an act that constitutes a violation of department
policy for which there is no analogous criminal offense.
"Nonfeasance." The omission of an act that a person has a
legal duty to perform.
Section 4. Rights of correctional officers.
If a correctional officer is under investigation and subject
to interrogation by the department, the following standards
shall apply:
(1) The interrogation shall be conducted after not less
than 24 hours' notice and shall occur when the correctional
officer is on duty or on approved leave, unless the
seriousness of the investigation is such that an immediate
interrogation is necessary. The correctional officer may not
be terminated from employment or disciplined for any work
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