agent from the exclusive collective bargaining representative
present.
(11) Prompt action shall be required as follows:
(i) Except as provided under subparagraph (ii)
(III), when a complaint is made against a correctional
officer more than 90 days after the applicable statute of
limitations has expired for the civil wrong ACTION
alleged, the complaint shall be classified as unfounded
and shall be completely expunged from any personnel file
maintained by the department on the correctional officer.
(II) WHEN A COMPLAINT IS MADE AGAINST A CORRECTIONAL
OFFICER FOR AN ACT OF MISFEASANCE MORE THAN 60 DAYS AFTER
THE ALLEGED DATE OF THE ACT, THE COMPLAINT SHALL BE
CLASSIFIED AS UNFOUNDED AND SHALL BE COMPLETELY EXPUNGED
FROM ANY PERSONNEL FILE OF THE CORRECTIONAL OFFICER
MAINTAINED BY THE DEPARTMENT.
(ii) (III) Notwithstanding paragraph SUBPARAGRAPH
(i), no complaint which alleges conduct that would
constitute a misdemeanor or felony offense, if proven,
shall be classified as unfounded or expunged as a stale
complaint until the applicable statute of limitations
expires as prescribed under 42 Pa.C.S. Ch. 55 Subch. C
(relating to criminal proceedings).
(12) No correctional officer may be compelled to submit
to a polygraph examination. No disciplinary action or other
recrimination may be taken against a correctional officer 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 correctional officer refused to take a
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