Originally published: . Volume 12, No. 4. Source pages: 9.
Senator Louie Bernard is seeking to address issues regarding peace officers and public safety personnel peer support. The proposed law provides that any governmental entity that establishes a peer support program must ensure that peer support members successfully complete the training required by proposed law before being designated as a peer support member. The proposed law applies only to peer support sessions conducted by an employee or agent of a governmental entity who has both successfully completed peer support training and, at the time of the peer support session, has been designated by a governmental entity to act as a peer support member. SB 66 provides that information, reports, records, or communications in any form that are made, generated, received, or maintained in connection with a peer support program or session are deemed privileged and confidential, and are not public records. SB 66 provides that a peace officer or public safety personnel cannot be mandated to participate in a peer support session, except for participation in a peer support session following a critical incident if required by a governmental entity. "Peer support member" means a person specially trained to voluntarily provide confidential emotional and moral support and assistance to peace officers and public safety personnel and who is approved as a peer support member by the governmental entity that has established a peer support program, but need not be a peace officer or a licensed counselor or mental health professional. "Peer support program" means a program established by a governmental entity to provide peer support services to peace officers and public safety personnel. "Peer support session" means any communication by a peace officer or public safety personnel with a peer support member, primarily through listening, assessing, and assisting with problem-solving, and may include referring a peace officer or public safety personnel for professional intervention or treatment that is beyond the scope of the peer support member, and includes a group session following a critical incident experienced by a group of peace officers or public safety personnel. "Peer support training" means training in peer support and critical incident stress conducted by the Southern Law Enforcement Foundation, the International Critical Incident Stress Foundation, Inc., or an equivalent program.
"Public safety personnel" means an employee of a governmental entity who, by virtue of his job duties, provides support to peace officers, including but not limited to a dispatcher, public safety telecommunicator, crime scene and crime laboratory technician, and criminal analyst. The proposed law provides that no person, including a peer support member, can disclose any information relating to a peer support session to any other person without the prior written approval of the peace officer or public safety personnel who is the subject of the peer support session, or his legal successor. SB 66 provides that a person cannot be required to disclose, under subpoena or public records request, any records, documents, opinions, or decisions relating to information made privileged and confidential by proposed law either in connection with an administrative or court case, or by way of any discovery procedure or public records request. Proposed law provides that the privilege and confidentiality created by proposed law are supplementary to any other statute, rule, or jurisprudence creating or relating to an applicable privilege, confidentiality, or public records exemption. The proposed law provides that the privilege and confidentiality created by proposed law does not apply to: (1) A threat of suicide or homicide made by a peace officer or public safety personnel in a peer support session or any information related thereto. (2) Information mandated by law to be reported, including information relating to child or elderly abuse or neglect, or domestic violence. (3) Any communication that reveals the commission of a crime, or the intended commission of a crime or harmful act, when such disclosure is determined by the peer support member to be required in order to protect any person from a clear, imminent risk of serious mental or physical harm, or to forestall a serious threat to the public safety. (4) Any communication made to a peer support member not in connection with a peer support session, or when the peer support member responded to, was a witness to, or was a party to, an incident in a capacity other than a peer support member. Proposed law provides that any governmental entity and its employees and agents (including peer support members) are immune from civil liability for any act or omission made in good faith while engaged in efforts to assist a peace officer or public safety personnel through a peer support program.
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