AFSCME's Position – Corrections Officer Legislation

Background

Public safety officers are dedicated public employees who protect our communities from the criminal element of our society. These officers work on our nation's streets and in correctional facilities where each day presents a new challenge or danger. AFSCME has been fighting for better pay and benefits, for safe workplaces, and to uphold the standard of professionalism for the men and women in this field. Legislation to improved health and safety, fight privatization and to secure collective bargaining rights for public safety officers has been introduced in Congress and AFSCME is on the forefront of advancing this legislative agenda. AFSCME strongly supports the legislation that follows.

Summary of Legislation

Protecting the Rights of Law Enforcement Officers

• Public Safety Employer- Employee Cooperation Act (H.R. 980, S. 2123)
Gives public safety officers the right to form and join a union or association of their choosing, if they wish; the right to bargain over wages, hours, and working conditions; prohibit strikes and lockouts; and, protect current state laws, certifications and collective bargaining rights. Passed the House on July 17, 2007 by a vote of 314-97.

• Public Safety Officer Due Process Rights (S. 449/H.R. 668)
Provides standards and procedures to guide both state and local law enforcement agencies and law enforcement officers during internal investigations, interrogation of law enforcement officers and administrative disciplinary hearing to protect due process rights.

Increasing Funding for Law Enforcement Programs

• Bulletproof Vest Partnership Grant Act of 2008 (H.R. 6045, S. 3012)
Extends the Bulletproof Vest Partnership grant program, set to expire in 2009, to 2012. Program is a critical resource for state and local law enforcement and has provided much needed bulletproof and stab proof vests for officers on the front line. Passed the House on September 26, 2008 by a vote of 404-2.

• Gang Abatement and Prevention Act of 2007  (S. 456/H.R. 1582)
Increases and enhances law enforcement resources committed to investigation and prosecution of violent gangs and deter and punish violent gang crime. Passed the Senate on September 21, 2007.

• COPS Improvements Act of 2007 (S. 368, H.R. 1700)
Reauthorize the COPS ON THE BEAT grant program; increases the number of officer deployed in community-oriented policing; and establishes new programs to reduce and prevent illegal drug manufacturing, distribution and use.

Preventing Privatization

• Private Prison Information Act (H.R. 1889, S. 2010)
Requires prisons and other correctional facilities holding federal prisoners under a contract with the federal government to make the same information available on level of staffing and pay, and on the availability of training opportunities to the public that federal prisons and correctional facilities are required to do by law. Concealment of such information makes it more difficult to fight the privatization of correctional facilities.

• Public Safety Act (H.R. 1890)
Ensures core correctional services are not provided by non-governmental private entities; prohibits the incarceration of inmates by private contractors or vendors; and provides that persons charged or convicted of an offense be placed in facilities managed and maintained by federal, state, or local governments. Incarceration of inmates is an inherently governmental function and should be performed by dedicated public employees who are better trained and better able to protect their communities.

Reforming Social Security

• Social Security Fairness Act of 2007 (H.R. 82, S.206)
Amends the Social Security act to repeal the Government Pension Offset (GPO) requirements and the Windfall Elimination Provision (WEP). Many law enforcement officers do not pay into Social Security. As a result, GPO unfairly reduces the spousal or survival benefit by two-thirds and WEP reduces benefits if an officer retires from a non- Social Security paying job and moves to a new job that does pay Social Security.

Promoting Health Issues

• Office of Correctional Public Health Act (H.R.3710)
Establishes an Office of Correctional Public Health within the Public Health Service and direct the Secretary of Health and Human Services to appoint a director to administer public health activities regarding individuals who are employees in federal, state, or local penal or correctional institutions or who are incarcerated in such institutions. It further authorizes the Secretary to provide grants to states for the purpose of providing for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. Other public health activities covered under the legislation are disease prevention, health promotion, service delivery, research, and health professions education.

Honoring Fallen Officers

• Law Enforcement Officers Flag Memorial Act (H.R. 146)
Provides Capitol-flown flags to the families of law enforcement officers killed in the line of duty.

• Public Safety Officer Family Health Benefits Act (H.R. 2391)
Provides benefits to the eligible survivors of public safety officers who have fallen or become completely and permanently disabled in the line of duty. It will also provide financial assistance for higher education for spouses and children of federal, state and local public safety officers.

What you can do

Contact your Senators and Representative concerning the following legislation and ask them to cosponsor these bills.

Department of Legislation
Updated: September 2008

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