Legislature(2023 - 2024)GRUENBERG 120
03/16/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HJR4 | |
| HB53 | |
| HB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 4 | TELECONFERENCED | |
| *+ | HB 53 | TELECONFERENCED | |
| *+ | HB 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 15-PEER SUPPORT COUNSELING PROGRAM
3:40:06 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 15, "An Act relating to peer support counseling
programs for law enforcement agencies, emergency service
providers, and the Department of Corrections."
3:40:58 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, prime
sponsor, introduced HB 15. He paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
HB 15 establishes the ability for law enforcement
officers and first responders to seek mental health
counseling regarding classified information without
jeopardizing ongoing investigations. Under current
law, public safety officers are extremely limited in
their options to discuss stressful and traumatic
events that occur in their workplace because they are
often, by their nature, related to criminal
investigations. HB 15 addresses the critical need to
de-stigmatize mental health issues that affect many
public safety officers by providing a safe and
confidential way for them to talk about emotionally
intense aspects of their work.
HB 15 does not mandate changes to existing agencies,
but merely allows them to establish a peer support
counseling program. A law enforcement agency,
emergency service provider, or the Department of
Corrections will have the opportunity to designate an
existing employee as a peer counselor if they have
prior counseling training. Any participant who seeks
counseling from their designated peer is guaranteed
confidentiality in those communications. Confidential
space for participants to discuss emotionally
traumatic events is key for creating effective
Critical Incident Stress Management debriefs, which
the United States Occupational Safety and Health
Administration recognizes as crucial for preventing
and mitigating the effects of trauma. The
confidentiality created by the peer counseling program
does not apply to any threats that the participant
makes, and it does not apply to any admission of
criminal conduct.
HB 15 will ultimately provide emotional relief and a
path to healing for the Alaskans who bear the burden
of protecting the public on a daily basis. I urge you
to support HB 15.
REPRESENTATIVE JOSEPHSON listed several questions that the
committee may want to discuss to improve the bill, such as, the
penalty for a counselor who disclosed something in violation of
the act. He reiterated that the intent of the bill was to
provide police officers an opportunity to begin to heal from
trauma.
CHAIR SHAW invited questions from members of the committee.
3:44:54 PM
REPRESENTATIVE WRIGHT asked whether a pilot program had been
implemented.
REPRESENTATIVE JOSEPHSON recalled that DPS had referenced a
pilot program in the fiscal note. He opined that Alaska needed
to "get on board" with other states who had implemented similar
programs.
3:45:38 PM
REPRESENTATIVE CARPENTER inquired about the mandatory reporting
requirements and questioned whether the communications offered
by participants would be confidential.
REPRESENTATIVE JOSEPHSON directed attention to Section 1,
subsection (c), indicating that the confidentiality would not
apply to the following:
(1) a threat of suicide or homicide made by a
participant in a peer support counseling session or
any information relating to a threat of suicide or
homicide;
(2) information that is required by law to be
reported;
(3) information relating to the abuse of a child or a
vulnerable adult;
(4) any admission of criminal conduct.
REPRESENTATIVE JOSEPHSON indicated that the service was designed
to be like a "sacred space" for first responders to talk through
and process their day-to-day experiences.
REPRESENTATIVE CARPENTER asked why that wasn't being done now.
REPRESENTATIVE JOSEPHSON discussed the cultural and employment
elements that may deter "men in blue" from seeking help. He
reiterated that the policy was designed to be a legal shield to
provide assurances around disclosing information.
3:48:36 PM
REPRESENTATIVE CARPENTER sought to verify that this program
could offer a space for police officers to discuss taboo topics
and things that could otherwise have job performance
implications.
REPRESENTATIVE JOSEPHSON agreed. Further, he confirmed that
there was a pilot program within the Anchorage Police Department
(APD).
REPRESENTATIVE CARPENTER shared his understanding that the bill
was being presented as having zero fiscal impact. He asked
whether costs would increase in the future as the program was
being implemented across the state.
REPRESENTATIVE JOSEPHSON offered to inquire about the costs
associated with the APD pilot program. He shared his
understanding that the program was currently facing funding
issues. He reiterated that the bill would provide the basic
framework for a peer support counseling program.
3:51:13 PM
REPRESENTATIVE CARPENTER said he was unfamiliar with the
relationship between police bargaining units and administration.
He asked whether the bill was intended to solve an existing
dispute between those two entities.
REPRESENTATIVE JOSEPHSON said he did not know the answer. He
surmised that the department, in addition to the officers, would
benefit from this type of service, as it would accommodate
psychological trauma and provide an opportunity to heal.
REPRESENTATIVE CARPENTER maintained his confusion as to why the
police departments had not implemented this policy on their own
determination.
REPRESENTATIVE JOSEPHSON suggested that the traumatized officer
would be more reluctant to participate without the protections
provided in HB 15. He acknowledged police departments could do
it administratively; however, the legislation would be the
enabling act to make the program official and viable while
offering a legal shield.
3:53:24 PM
REPRESENTATIVE C. JOHNSON inquired about the enabling policy
that allowed APD and the Alaska State Troopers (AST) to stand up
their existing pilot programs.
REPRESENTATIVE JOSEPHSON offered to follow up with the requested
information.
3:55:32 PM
REPRESENTATIVE ALLARD asked whether the union brought the
legislation forward.
REPRESENTATIVE JOSEPHSON answered, "Yes, that's fair."
REPRESENTATIVE ALLARD remarked:
I was told that the legislators who brought this
forward that they said there was a misunderstanding
of the difference between what the union wants and
what the administration wants. They said that they
already do this and that they didn't realize that they
now need permission to continue to do it, and they
were actually taken aback by this bill.
REPRESENTATIVE ALLARD asked whether the sponsor had spoken with
the administration.
REPRESENTATIVE JOSEPHSON answered no. Nonetheless, he pointed
out that if the administration [had already implemented a
similar policy] they shouldn't be opposed to the bill. He
offered to follow up after speaking with the chief of police at
APD.
REPRESENTATIVE ALLARD said she was puzzled at why this bill
being brought forward if the program was already being utilized.
She suggested that the bill would pit the administration against
the unions.
REPRESENTATIVE JOSEPHSON directed attention to Section 1,
subsection (b), noting that the program was optional. He
indicated that it would require administration "buy in."
3:58:01 PM
REPRESENTATIVE ALLARD asked, "forced buy-in?"
REPRESENTATIVE JOSEPHSON answered no, due to the "may" language
on page 1, line 11 of the bill.
REPRESENTATIVE ALLARD expressed concern that HB 15 would
politicize the issue and put pressure on organizational
leadership to opt in. She asked whether the bill sponsor
agreed.
REPRESENTATIVE JOSEPHSON said he would be dishonest to say
there's no merit in that statement; however, he opined that
cajoling and pressure was part of life.
3:59:09 PM
REPRESENTATIVE C. JOHNSON asked whether the peer support
counselors within the police department would be insured or
protected against financial harm for giving an officer bad
advice.
REPRESENTATIVE JOSEPHSON shared his understanding that good
counselors would act as empathetic sounding boards. He offered
to ask stakeholders whether immunity should be included in the
bill.
REPRESENTATIVE C. JOHNSON pointed out that Representative
Josephson had referenced "good counselors." He pondered the
type of training and qualifications required of a peer
counselor.
REPRESENTATIVE JOSEPHSON said as drafted, the bill clarified
that peer counselors must receive training and counseling on
providing emotional support to peace officers and emergency
service personnel who experienced trauma during the course of
employment. He welcomed a friendly amendment to expound on
that; however, he noted that master's level clinicians were not
required.
4:04:21 PM
REPRESENTATIVE STORY shared her understanding that public safety
work was traumatic. She imagined that having a mental health
clinician on staff would be standard practice; however, she
discussed the merits of having a peer counselor who had walked
in the same shoes as the officers.
REPRESENTATIVE JOSEPHSON agreed. He elaborated on instances of
counselors being court ordered to testify.
REPRESENTATIVE STORY asked whether police departments had their
own mental health clinicians on staff.
REPRESENTATIVE JOSEPHSON said he did not know.
4:07:48 PM
REPRESENTATIVE C. JOHNSON declared a conflict of interest,
noting that his daughter was a clinical psychologist. He
pointed out that families suffer just as much as the traumatized
officers. He suggested the inclusion of peer counseling support
for the families.
REPRESENTATIVE JOSEPHSON acknowledged the damage to marriages
and relationships across the board for law enforcement.
4:10:14 PM
CHAIR SHAW inquired about the two zero fiscal notes and invited
the bill sponsor to speak to them.
REPRESENTATIVE JOSEPHSON said there was nothing notable to add.
4:10:41 PM
CHAIR SHAW proceeded to invited testimony.
4:11:01 PM
ANGELINA SALVATO, Senior Patrol Officer, Anchorage Police
Department; Anchorage Police Department Employees Association
(APDEA), highlighted her twenty-year career in law enforcement.
She recounted an incident in which she had to use deadly force
during a traffic stop and the associated trauma she experienced.
She discussed the cultural perception that talking about one's
problems was weak. She emphasized that the bill would allow
officers to participate in critical incident stress management
with a peer counselor someone who had walked in their shoes.
She conveyed that the pilot program was currently supported by
the federal government, adding that the grants from the U.S.
Department of Justice (DOJ) provided for internal clinical
support. She emphasized that the bill would provide legal
protections that were lacking in existing practice, indicating
that the added protection would encourage officers to
participate.
4:17:00 PM
CHAIR SHAW opened public testimony on HB 15. After ascertaining
that no one online or in person wished to testify, he closed
public testimony.
4:17:48 PM
REPRESENTATIVE JOSEPHSON proceeded to summarize a PowerPoint
presentation on HB 15 [included in the committee packet]. He
began on slide 4, titled "Other States with Peer Support
Programs for EMS and Law Enforcement," which read as follows
[original punctuation provided]:
1. Illinois Establishes a peer support program,
provides for confidentiality.
2. Idaho Establishes a guarantee of confidentiality
for peer support programs in EMS/Law enforcement.
Relates to evidence, defines terms, to prohibit
disclosure of certain communications, to provide
exceptions, to provide that certain disclosures are
subject to the rules of the Idaho Supreme Court.
3. Indiana Relates to peer support services and
critical incident stress management services (CISM),
provides for confidentiality.
4. Louisiana Provides for the Peace Officer and
Public Safety Personnel Peer Support and Mental Health
Wellness Act
5. South Dakota - Makes an appropriation for and the
establishment of peer support and critical incident
stress management training for first responder
organizations, declares an emergency.
6. Texas Relates to a mental health program that
includes peer-to-peer counseling for certain law
enforcement personnel, allows for contracting with an
institution of higher education that has appropriate
expertise in mental health or law enforcement to
develop the peer support network.
4:18:24 PM
REPRESENTATIVE JOSEPHSON continued to slide 5, titled "Sobering
Statistics," which read as follows [original punctuation
provided]:
69% of EMS providers report not having time to recover
after stressful event
30% of first responders develop depression and PTSD,
among other things, compared to 20% in the general
population
Two studies illustrated that suicidal ideation is
experienced by EMS at alarming rates. 28% feel that
life is not worth living. 10.4% percent have
experienced a serious suicidal ideation.
In another, it was found that having both EMS and
firefighting duties was associated with a sixfold
increase in the likelihood of reporting a suicide
attempt as compared to firefighting alone.
4:18:55 PM
REPRESENTATIVE JOSEPHSON concluded on slide 6, titled "Why this
bill?" Slide 6 read as follows [original punctuation provided]:
• This bill is an important step in addressing the
stigma around the mental health of public safety
professionals, by providing them a safe space to talk
about their mental health.
• The confidentiality aspect is crucial, as it allows
employees to come forward and be open about their
experiences.
• Incidentally, this bill will contribute to workforce
retention. As these individuals are expected to do
more with less, they will often be placed in
dangerous, unpredictable situations. The need for peer
support systems will be crucial in ensuring that law
enforcement and EMS will have long, healthy careers.
4:19:17 PM
REPRESENTATIVE CARPENTER considered a scenario in which an
officer was sent to a non-affiliated counselor to talk through
an issue. He asked whether that would solve the problem.
REPRESENTATIVE JOSEPHSON said that would be halfway there;
however, it was missing the shared experience that a peer
support counselor would otherwise provide.
4:21:01 PM
CHAIR SHAW announced that HB 15 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 15 IACP Peer Support Guidelines.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Letter of Support from APOA.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 SAMHSA First Responders Behavioral Health Study - May 2018.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Sectional Analysis.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 IACP Study on Preventing Law Enforcement Suicide.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Ver. A.PDF |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Sponsor Statement.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HJR 4 Letters of Support 3.8.23.pdf |
HSTA 3/16/2023 3:00:00 PM |
HJR 4 |
| HJR004A 3.8.23.PDF |
HSTA 3/16/2023 3:00:00 PM |
HJR 4 |
| HJR 4 Sponsor Statement 3.8.23.pdf |
HSTA 3/16/2023 3:00:00 PM |
HJR 4 |
| HB 53 Sponsor Statement.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 53 |
| HB 53 Sectional.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 53 |
| HB 53 Ver.a.PDF |
HSTA 3/16/2023 3:00:00 PM |
HB 53 |
| HB15 Letter of Support from APDEA.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Letter of Support PSEA.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |
| HB 15 Peer Counseling.pdf |
HSTA 3/16/2023 3:00:00 PM |
HB 15 |