PFA's Against Corrections Officers

In our local area, many people are employed at correctional facilities, whether at the county, state or federal level.  Due in part to our rural landscape, we have over ten facilities in the Susquehanna Valley.  The employees of these facilities can be held to different standard because they are considered law enforcement.  It is important for family members and paramours of corrections officers to understand some of the differences.

Protection from Abuse orders are civil court matters; they do not become part of a person's criminal record, unless they violate one.  This brings us to PFA's filed against corrections officers.  Someone may hesitate to file a PFA because they believe, or have been told, that the person they are filing against may lose their job.  This is not necessarily true. 

Each corrections facility has their own policies and procedures, however both the Department of Corrections (state) and the Bureau of Prisons (federal) require reporting of criminal proceedings, but not civil.  In the Human Resources Management Policy of the Bureau of Prisons, the only section that addresses criminal conduct of employees is as follows: 

11. ILLEGAL ACTIVITIES. Illegal activities on the part of any employee, in addition to being unlawful, reflect on the integrity of the Bureau and betray the trust and confidence placed in it by the public. It is expected that employees shall obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. Should an employee be charged with, arrested for, or convicted of any felony or misdemeanor, that employee must immediately inform and provide a written report to the CEO. Traffic violations resulting in fines under $150 shall be exempt from the reporting requirement.

The Human Resources and Labor Relations policy held by the Department of Corrections includes the following statement about employees charged with a crime:

Employees charged with criminal misconduct shall be dealt with appropriately, dependent upon the seriousness of the charge and the resultant violations of the Department of Corrections' Code of Ethics, as well as the Governor's Code of Conduct.

Both agencies have charts which delineate the actions and consequences for the offense.  Neither agency contends that immediate removal from employment is necessary in all cases.

Exceptions can be made in PFA's for people who are required to carry a weapon as a condition of employment, as corrections officers are.  It is common enough that the Petition for Protection from Abuse includes a special question, asking the petitioner to "Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearm dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment." [emphasis the author's]
This allows the court to have knowledge of additional accommodations that can be made at the hearing to allow the Defendant to carry a firearm while at his or her place of employment.  This is something that has been done within our service area.

If you are concerned for your safety and are thinking about filing a Protection from Abuse order, please do not put information that you are receiving secondhand before your own safety.  Someone may tell you that they will lose their job, but that may not be the case.  Consider doing your own research, perhaps calling the surviving governmental agency and asking questions anonymously.  Your safety is the most important thing to consider.