Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/28/2023 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB103 | |
| SB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 103 | TELECONFERENCED | |
| += | SB 77 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 103-PEER SUPPORT COUNSELING PROGRAM
1:33:18 PM
CHAIR DUNBAR announced the consideration of SENATE BILL NO. 103
"An Act relating to peer support counseling programs for law
enforcement agencies, emergency service providers, and the
Department of Corrections."
CHAIR DUNBAR stated this is the first hearing of this bill. The
intention is to hear the introduction, sectional analysis,
invited testimony, committee discussion, and public testimony.
1:34:06 PM
CHAIR DUNBAR, speaking as the sponsor, introduced SB 103,
stating the bill gives law enforcement agencies and first
responders the option to create a peer support counseling
program and provide a level of confidentiality for those
undergoing counseling. Through this bill, agencies can address
the challenges first responders experience with mental illness
and trauma. Mental health statistics for first responder
professions are sobering. He said 30 percent of first responders
experience depression and post-traumatic stress disorder (PTSD)
compared to 20 percent in the general population. Sixty-nine
percent of emergency medical service (EMS) providers report not
having time to recover after a stressful event.
CHAIR DUNBAR said that SB 103 allows the department to designate
employees as peer support counselors. Designated employees
receive training that includes providing emotional and moral
support to first responders who have been traumatized on the
job. Illinois, Idaho, Indiana, South Dakota, and Texas have peer
support programs for EMS and law enforcement with varying
degrees of confidentiality provisions. He said the Department of
Public Safety (DPS) and the Anchorage Police Department (APD)
have already implemented peer support programs. However,
confidentiality is not part of those programs; without it,
participation in the program is low. SB 103 provides that peer
support conversations would be confidential with these
exceptions:
- threats of harm to self or others,
- admissions of criminal conduct, and
- information about children and vulnerable adults at risk.
SB 103 allows first responders to seek assistance with less
stigma and more assurance that they can return to their jobs
after working through their experiences with someone who has
been in their position.
CHAIR DUNBAR invited Ms. Wiggin to put herself on the record and
present the sectional analysis for SB 103.
1:35:47 PM
Senators Giessel and Olson joined the meeting.
1:35:58 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 103:
[Original punctuation provided.]
SECTIONAL ANALYSIS
SB 103: PEER SUPPORT COUNSELING PROGRAM
Section 1: Amends AS 18.95 Miscellaneous Provisions by
adding the following sections:
18.95.020 Peer Support Counseling: Grants the
ability to law enforcement agencies, emergency service
providers, and the Department of Corrections to
establish peer support counseling.
18.95.030 Peer Support Counseling
Confidentiality: Establishes that communications made
between participants and counselors are confidential;
provides exemptions including:
• Threats of harm to self or others
• Information covered by mandatory reporting laws.
• Admissions of criminal conduct
• Information on abuse of vulnerable adults or
children
• Information acquired during the regular course of
employment.
18.95.040 Definitions: Defines terms used in AS
18.95.020 and AS 18.95.030, to include department,
emergency services personnel, emergency service
provider, law enforcement agency, peace officer, peer
support counseling, and peer support counseling
program.
1:37:22 PM
KELLY HUSTON, Peer Support Coordinator, Anchorage Police
Department, Anchorage, Alaska, gave invited testimony on SB 103
and indicated her involvement with the peer support team for the
Anchorage Police Department (APD) since the program's inception.
Thirty trained individuals are on the peer support team,
including sworn officers, record clerks, dispatchers,
supervisors, and detectives. She described the training required
to become a peer support counselor. Selected peer support team
members complete an intense 40-hour training course and sign a
confidentiality agreement. The training program teaches team
members how to do one-on-one care counseling and defusing.
Defusing occurs right after a critical incident. She said that a
fairly horrific event had just happened at the Anchorage Police
Department, and within minutes, peer support arrived on the
scene. The training program teaches team members how to defuse a
situation while on scene, what to expect next, and how to follow
up. They provide resources and information about seeking
additional help, especially if an officer exhibits symptoms like
nightmares and not eating.
MS. HUSTON said the team supported over 100 incidents in the
previous couple of years, but not all were critical. Some
incidents involved off-duty, personal issues, like divorce and
family deaths. She explained that it is difficult for first
responders to deal with the everyday trauma of the public and
then go home and deal with significant family issues. The team
provides support to officers on duty and off. The idea is to
have healthy and resilient law enforcement officers on the job,
which sometimes means providing personal support. She conveyed
how near and dear the program is to her, how it saves lives and
has prevented deaths by suicide.
1:43:25 PM
ANGELINO SALVATO, Anchorage Police Officer, Anchorage Police
Department, Anchorage, Alaska, highlighted her 22-year career in
law enforcement, noting that she worked with the Anchorage
Police Department Employees Association (APDEA) and APD to help
sponsor this bill. She recounted her involvement in an officer-
involved shooting. The unfortunate reality of an officer-
involved shooting or in-custody death is that the officer is
immediately put in the position of criminal defendant. She
conveyed that she attended almost every officer-involved
shooting in the last five years as an employee association
advocate and union member, and almost immediately, these
officers met with their criminal defense attorneys and were
advised not to talk to anybody.
MS. SALVATO said she was not allowed to participate in any
stress management. Legally protected communication was
permitted, like spousal, attorney, and clergy-privileged speech;
however, speaking with an officer who had a similar experience
was not. She did not talk to anyone for two years about her
incident. SB 103 minimizes officer isolation by providing a
mechanism to communicate with a trained peer counselor. She said
SB 103 is a healthy alternative to alcohol or other coping
mechanisms and does not protect "bad apples." Other states
nationwide and Congress have passed similar laws.
1:47:56 PM
SENATOR BJORKMAN expressed concern about the confidentiality
exceptions on page 2, line 31 through page 3, line 2 of the
bill, stating they ostensibly defeat the purpose of the program.
He asked her to speak to his concern.
MS. SALVATO responded that many criminal defense attorneys have
said that, even with SB 103, they would not let their client
communicate with a peer support counselor. She said this bill
provides officers a protected way to talk about human factors,
like self-doubt, tunnel vision, auditory exclusion, other
aspects of an activated sympathetic nervous system, and other
issues. A peer counselor can walk an officer through these
issues.
SENATOR BJORKMAN stated his concern remains, indicating the
confidentiality exemptions make it unclear whether or not
conversations would be confidential. He indicated that he would
rather the law either protect conversations or not to avoid
ambiguity; otherwise, direct individuals to talk to their lawyer
or clergy. He expressed concern that a middle course does not
create a safe space to discuss issues without clear
confidentiality.
MS. SALVATO responded that younger personnel do not feel
comfortable speaking with clergy or attorneys. She said that she
spoke with her attorney the night of her incident, and they did
not speak to each other again. She testified that having a peer
counselor is comforting. Officers often do not want to talk to
anyone else about their fears. She conveyed that in her
experience a peer counselor has never been called to testify
against another officer or member. She said that SB 103 gives
some protection but not all. This is a step in the right
direction. She suggested that Ms. Huston might like to speak to
the question.
CHAIR DUNBAR asked Ms. Huston if she would like to address the
question.
1:53:53 PM
MS. HUSTON replied that the aim of a peer support program is not
to trick officers into criminal admission under the guise of
fully protected communication. Counselors need to emphasize the
parameters of their role and that their communications are not
fully protected when speaking to a peer who has been involved in
an incident. She noted that, foremost, peers have a sworn duty
to report if there are any admissions of criminal conduct. She
said the program is a good option for officers who feel more
comfortable opening up to peers. She expressed appreciation for
clergy and attorney privilege, stating peer counselors should
apprise officers of these fully protected options.
1:57:01 PM
JAMES COCKRELL, Commissioner, Department of Public Safety (DPS),
Anchorage, Alaska, stated the department supports SB 103. DPS
started a wellness committee that includes peer support in 2013.
Twenty-three trained commissioned and noncommissioned personnel
and spouses are on the peer support team. The law enforcement
community and emergency personnel see a host of tragedies
throughout their careers. When he started in 1983, officers were
told to suck it up, get back in the car, and carry on. He said
that mindset no longer exists today, and for good reason. Crisis
and response teams respond to horrific and unpleasant crashes,
and the peer support team contacts them immediately. He said
that dialogue should be protected, whether it is a crash,
officer-involved shooting, or deadly use of force in the line of
duty. He said officers who seek help need protection to speak
honestly and forthrightly; SB 103 offers those protections. He
described the DPS peer support program structure, stating these
programs need structure. He talked about the importance of
supporting officers involved in a traumatic incident and that
DPS will always provide peer support to other law enforcement
agencies wherever they are. The DPS program model is based on
the U.S. Marshals Service, which has the highest level of peer
support in the federal government. He garnered a lot of
information and support from the U.S. Marshals Service when two
troopers were killed in Fairbanks and Tanana. He said the U.S.
Marshals Service supported DPS while the department set up its
program. He said the department supports all types of
professional law enforcement personnel, including dispatchers.
2:02:49 PM
CHAIR DUNBAR opened public testimony on SB 103.
2:03:30 PM
CORNELIUS SIMS, Captain, Alaska State Troopers, Department of
Public Safety (DPS), Anchorage, Alaska, testified in support of
SB 103 and agreed with Commissioner Cockrell's comments on the
importance of peer support programs.
2:04:02 PM
CHAIR DUNBAR closed public testimony on SB 103.
2:04:11 PM
SENATOR GRAY-JACKSON affirmed her long-standing support and
appreciation for the work of the public safety community.
2:04:48 PM
CHAIR DUNBAR held SB 103 in committee and announced that written
testimony can be emailed to:
[email protected].
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1. SB 103 - Sponsor Statement vers. A.pdf |
HSTA 2/22/2024 3:00:00 PM SCRA 3/28/2023 1:30:00 PM |
SB 103 |
| 2. SB 103 vers. A.PDF |
SCRA 3/28/2023 1:30:00 PM |
SB 103 |
| 3. SB 103 - Sectional Analysis vers. A.pdf |
HSTA 2/22/2024 3:00:00 PM SCRA 3/28/2023 1:30:00 PM |
SB 103 |
| 4. SB 103 Testimony Recieved as of 3.27.23.pdf |
HSTA 2/22/2024 3:00:00 PM SCRA 3/28/2023 1:30:00 PM |
SB 103 |
| SB 77, Amendment #1.pdf |
HCRA 4/13/2023 8:00:00 AM SCRA 3/28/2023 1:30:00 PM |
SB 77 |
| C. Schutte, SB 77, LOS 3.16.23.pdf |
HCRA 4/13/2023 8:00:00 AM SCRA 3/28/2023 1:30:00 PM |
SB 77 |
| SB 77, Amendment #1.B.pdf |
SCRA 3/28/2023 1:30:00 PM |
SB 77 |