Bill Text: CA AB2554 | 2019-2020 | Regular Session | Introduced
Bill Title: Correctional personnel: peer support.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-06-03 - In committee: Held under submission. [AB2554 Detail]
Download: California-2019-AB2554-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2554
| Introduced by Assembly Member Gipson (Principal coauthor: Assembly Member Kalra) (Coauthors: Assembly Members Bigelow, Cunningham, Fong, Eduardo Garcia, Gray, Lackey, and Rodriguez) (Coauthors: Senators Dodd, Galgiani, and Wilk) |
February 19, 2020 |
An act to add and repeal Article 23 (commencing with Section 8669.8) of Chapter 7 of Division 1 of Title 2 of the Government Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2554, as introduced, Gipson.
Correctional personnel: peer support.
Existing law authorizes the state, a local or regional public fire agency, or a local or regional law enforcement agency to establish a peer support and crisis referral program to provide a network of peers available to aid fellow emergency services or law enforcement personnel on emotional or professional issues. Existing law authorizes emergency services or law enforcement personnel to refuse to disclose, and to prevent another from disclosing, a confidential communication between them and a peer support team member, crisis hotline staff member, or crisis referral service, except under limited circumstances, including in a criminal proceeding. Under existing law, a person providing peer support services, as specified, and the agency that employs that person are not liable for damages, except in an action for medical malpractice, relating to an act, error, or omission in performing peer
support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
This bill would authorize the Department of Corrections and Rehabilitation to establish a peer support and crisis referral program until January 1, 2024. The bill would extend the above-described confidentiality protections to correctional personnel who participate in a peer support and crisis referral program and would extend the above-described liability protections to the department and correctional employees who are peer support team members. The bill would require the department to establish a peer support advisory committee to advise, assist, support, and advocate for the program, and to establish a selection panel to screen and process applications, interviews, and member selection for the committee.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 23 (commencing with Section 8669.8) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:Article 23. Correctional Peer Support and Crisis Referral Services Program
8669.8.
This article shall be known, and may be cited, as the Correctional Peer Support and Crisis Referral Services Program.8669.81.
(a) The Department of Corrections and Rehabilitation may establish a peer support and crisis referral program. The program shall be responsible for providing a departmentwide network of peer representatives, reflective of the department’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The peer support and crisis referral program may provide employee support and referral services for matters including, but not limited to, the following:
(1) Substance use and substance abuse.
(2) Critical incident stress.
(3) Family issues.
(4) Grief support.
(5) Legal issues.
(6) Line-of-duty deaths.
(7) Serious injury or illness.
(8) Suicide.
(9) Victims of crime.
(10) Workplace issues.
(c) The department’s hiring authority shall consult with an employee representative organization to develop and implement a program created pursuant to this section.
(d) The department’s hiring authority shall establish a peer support advisory committee to advise, assist, support, and advocate for the program. The committee shall meet at least quarterly and shall offer recommendations on operational policy, procedures, and future direction. At least two rank-and-file correctional peace officer representatives, chosen by the correctional peace officer employee organization that represents participants in the department’s program, shall serve on the committee.
(e) The department’s hiring authority shall establish a selection panel to screen and process applications, interviews, and member selection for the committee. At least two rank-and-file correctional peace officer representatives, chosen by the correctional peace officer employee organization that represents participants in the department’s program, shall serve on the panel.
8669.82.
For purposes of this article, the following terms have the following meanings:(a) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between correctional personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the correctional personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the correctional personnel in the delivery of peer support services or those to whom disclosures
are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which the correctional personnel discloses the commission of a crime or a communication in which the correctional personnel’s intent to defraud or deceive an investigation into a critical incident is revealed.
(b) “Correctional personnel” means an employee of the Department of Corrections and Rehabilitation who provides safety and security emergency response services, including a correctional officer, parole agent, correctional counselor, fire captain, parole service associate, or any other sworn employee of the department.
(c) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for
personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.
(d) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency.
(e) “Critical incident stress” means the acute or cumulative psychological stress or trauma that correctional personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal
functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(1) Physical and emotional illness.
(2) Failure of usual coping mechanisms.
(3) Loss of interest in the job or normal life activities.
(4) Personality changes.
(5) Loss of ability to function.
(6) Psychological disruption of personal life, including their relationship with a spouse, child, or friend.
(f) “Peer support services” means authorized peer support services provided by a peer support team member to correctional personnel and their
immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress. Peer support services may include one or more of the following:
(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(6) Consultation.
(7) Referral services.
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse awareness and approaches.
(12) Active listening skills.
(g) “Peer support program” means a program to deliver peer support services to correctional personnel.
(h) “Peer support team” means a response team composed of peer support team members.
(i) “Peer support team member” means a correctional employee who has completed a peer support training course or courses pursuant
to Section 8669.85. Department selection criteria of peer support team members shall be incorporated into department policies.
8669.83.
(a) A correctional personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the correctional personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances:
(1) To refer a correctional personnel to receive crisis referral services by a peer support team member.
(2) During a consultation between two peer support team members.
(3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(4) If the correctional personnel expressly agrees in writing that the confidential communication may be disclosed.
(5) In a criminal proceeding.
(6) If otherwise required by law.
8669.84.
(a) Except as otherwise provided in subdivision (b), a peer support team member who provides peer support services and has completed a training course described in Section 8669.85, and the Department of Corrections and Rehabilitation, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.
(c) A peer support team member shall not provide peer support services in any of the following
circumstances:
(1) If, when serving in a peer support role, the peer support team member’s relationship with a correctional personnel receiving peer support services could be reasonably expected to impair objectivity, competence, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the correctional personnel.
(2) If the peer support team member and the correctional personnel receiving peer support services were involved as participants or witnesses to the same traumatic incident.
(3) If the peer support team member and the correctional personnel receiving peer support services are both involved in a shared active or ongoing investigation.
8669.85.
(a) To be eligible for the confidentiality protections afforded by this article, a peer support team member shall complete a training course or courses on peer support approved by the Department of Corrections and Rehabilitation that may include, but is not limited to, the following:(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(6) Consultation.
(7) Referral services.
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse awareness and approaches.
(12) Active listening skills.
(13) Stress management.
(14) Psychological first aid.
(b) Notwithstanding any other law, the Department of Corrections and Rehabilitation may deny
or rescind an employee’s participation as a peer support team member consistent with department policy.
8669.86.
(a) Except as otherwise provided in this section, a correctional personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the correctional personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by a correctional personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(c) This article shall not be construed to limit an obligation to report instances
of child abuse, as required by Section 11166 of the Penal Code.
