HCS SB 103(STA): "An Act relating to peer support counseling programs for law enforcement agencies, emergency service providers, and the Department of Corrections."
00 HOUSE CS FOR SENATE BILL NO. 103(STA) 01 "An Act relating to peer support counseling programs for law enforcement agencies, 02 emergency service providers, and the Department of Corrections." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.95 is amended by adding new sections to read: 05 Sec. 18.95.020. Peer support counseling. (a) A law enforcement agency, 06 emergency service provider, and the department may establish a peer support 07 counseling program to provide emotional and moral support and peer support 08 counseling to peace officers and emergency service personnel who have experienced 09 emotionally traumatic incidents in the course of employment. 10 (b) A law enforcement agency, emergency service provider, or the department 11 may designate an employee of the agency, provider, or department to serve as a peer 12 support counselor for the peer support counseling program of the agency, provider, or 13 department if the employee has received training in peer support counseling and 14 providing emotional and moral support to peace officers and emergency service
01 personnel who have experienced emotionally traumatic incidents in the course of 02 employment. 03 Sec. 18.95.030. Peer support counseling confidentiality. (a) A written or oral 04 communication made by a participant or peer support counselor during a peer support 05 counseling session or made between peer support counselors, supervisors, or staff 06 members relating to a peer support counseling session is confidential and may not be 07 disclosed by a participant, peer support counselor, supervisor, or staff member to 08 another person. Nothing in this subsection prohibits communications relating to a peer 09 support counseling session between peer support counselors, supervisors, and staff 10 members of a peer support counseling program. 11 (b) Oral or written information generated as a result of a peer support 12 counseling session is confidential and is not subject to public disclosure under 13 AS 40.25.100 - 40.25.295 (Alaska Public Records Act). The oral or written 14 information is not admissible in a criminal or civil proceeding. A person may not be 15 compelled to disclose oral or written information through discovery or testimony in a 16 civil or criminal proceeding. Records and information collected through the peer 17 support counseling program are not subject to discovery or subpoena in connection 18 with a civil or criminal proceeding. This subsection does not apply to information that 19 was acquired 20 (1) through observations made during the regular course of 21 employment of a peace officer or emergency service personnel, or other material or 22 information acquired during the course of employment of a peace officer or 23 emergency service personnel, that is otherwise subject to discovery or introduction 24 into evidence; or 25 (2) by a peer support counselor in the course of the peer support 26 counselor's response to an incident as the initial responding peace officer or 27 emergency service personnel, witness, or party to the incident for which a person 28 sought peer support counseling. 29 (c) This section does not apply to 30 (1) a threat of suicide or homicide made by a participant in a peer 31 support counseling session or any information relating to a threat of suicide or
01 homicide; 02 (2) information that is required by law to be reported; 03 (3) information relating to the abuse of a child or a vulnerable adult; 04 (4) any admission of criminal conduct. 05 Sec. 18.95.040. Definitions. In AS 18.95.020 - 18.95.040, 06 (1) "department" means the Department of Corrections; 07 (2) "emergency service personnel" means a firefighter, an emergency 08 medical technician, a first responder in an emergency situation, or an emergency 09 service dispatcher; 10 (3) "emergency service provider" means an organization or agency that 11 provides services in response to emergency situations of imminent danger to life or 12 property or assists in coordinating an emergency response to emergency situations of 13 imminent danger to life or property; 14 (4) "firefighter" has the meaning given in AS 09.65.295(c); 15 (5) "law enforcement agency" means a public agency that performs as 16 one of its principal functions an activity relating to crime prevention, control, or 17 reduction or relating to the enforcement of the criminal law; "law enforcement 18 agency" does not include a court; 19 (6) "peace officer" means 20 (A) an officer of the state troopers; 21 (B) a member of the police force of a municipality; 22 (C) a village public safety officer; 23 (D) a regional public safety officer; 24 (E) a correctional officer; in this paragraph, "correctional 25 officer" has the meaning given in AS 18.65.290; and 26 (F) an officer whose duty it is to enforce and preserve the 27 public peace; 28 (7) "peer support counseling" means counseling that occurs in an 29 established peer support counseling program between two or more peace officers or 30 emergency service personnel of a law enforcement agency, emergency service 31 provider, or the department, one of whom is designated as a peer support counselor
01 under AS 18.95.020(b); 02 (8) "peer support counseling program" means a program established by 03 a law enforcement agency, emergency service provider, or the department to provide 04 peer support counseling or support services to peace officers and emergency service 05 personnel employed by the agency, provider, or department.