SB0730sam001 101ST GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/4/2019

10100SB0730sam001 LRB101 04491 SLF 59308 a

AMENDMENT TO SENATE BILL 730

AMENDMENT NO. ______. Amend Senate Bill 730 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the First Responders Suicide Prevention Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) This State's first responders are tasked with work that is highly stressful if one continually faces the impact of murder, violence, accidents, serious injury, and death. The day in and day out impact of these situations wreak havoc personally and professionally on those who serve their communities. Work as a first responder is a combination of extreme boredom with incidents of mind-numbing terror. No person, no matter how highly trained or well-adjusted, is immune to the long-term impact of cumulative stress or sudden critical incidents.

(2) Since September 11, 2001, the role of first responders has changed dramatically. First responders have become the teachers, advocates, counselors, enforcement, and safety to those they serve, yet year after year, police and firefighters always rank at the top for the most stressful jobs in this country. The demands of shift work, change in politics and public policy, and having to make life changing decisions within seconds are all contributing factors in the mental health and welfare of our public servants. Alcoholism, divorce, depression, post-traumatic stress disorder (PTSD), stress-related health issues, and suicide among first responders are constantly well above the national average. The health and well-being of first responders not only affect the officer or firefighter, but those who work closely around the first responder and the public he or she serves and protects.

(3) The purpose of this Act is to allow agencies to train personnel in peer counseling. This allows firefighters and law enforcement officers to have access to trained persons within their respective fields to speak to and seek guidance during difficult and challenging times in their careers and lives. Most first responders feel comfortable speaking to others within their profession that have experienced similar situations. Allowing this type of counseling gives public servants the ability to seek help during trying times with the confidence of knowing their issue is held in confidence with someone who understands. No longer should these public servants have to suffer in silence.

(4) Maintaining an emotional and mentally healthy class of first responders should be a priority goal to achieve. Healthy police make better decisions, increase productivity, create better work environments, and respond to society in a much more open and effective manner.

Section 10. Definitions. In this Act:

"Emergency services provider" means any public employer that employs persons to provide firefighting services.

"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting services.

"Employee assistance program" means a program established by a law enforcement agency or emergency services provider to provide counseling support services to employees of the law enforcement agency or emergency services provider, including peer support counselors who have received training in counseling and moral support.

"Law enforcement agency" means any county sheriff, municipal police department, police department established by a university, Department of State Police, Department of Corrections, Department of Children and Family Services, Division of Probation Services of the Supreme Court, the Office of the Statewide 9-1-1 Administrator, and other local or county agency comprised of county probation officers, corrections employees, or 9-1-1 telecommunicators or emergency medical dispatchers.

"Peer support counseling session" means communication with a counselor through an employee assistance program or a trained peer support counselor designated by the emergency services provider or law enforcement agency.

"Public safety personnel" means any employee of a law enforcement agency.

Section 15. Establishment of employee assistance program; applicability.

(a) This Act applies to peer support counseling sessions conducted by an employee or other person who:

(1) has been designated by a law enforcement agency or emergency services provider or by an employee assistance program to act as a counselor; and

(2) has received training in counseling to provide emotional and moral support to public safety personnel or emergency services personnel who have been involved in emotionally traumatic incidents by reason of their employment that may affect their ability to execute their respective duties.

(b) An emergency services provider or law enforcement agency may establish an employee assistance program to assist emergency services personnel and public safety personnel, including designating a person within the emergency services provider or law enforcement agency to act as a peer support counselor. An emergency services provider or law enforcement agency shall give appropriate training in counseling to provide emotional and moral support to persons designated as a peer support counselor. Emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available.

Section 20. Confidentiality; exemptions.

(a) Any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session.

(b) Any communication relating to a peer support counseling session made confidential under this Section that is made between counselors, between counselors and the supervisors or staff of an employee assistance program, or between the supervisor or staff of an employee assistance program, is confidential and may not be disclosed.

(c) This Section does not prohibit any communications between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of an employee assistance program.

(d) This Section does not apply to:

(1) any threat of suicide or homicide made by a participant in a peer counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide;

(2) any information relating to the abuse of children or of the elderly or other information that is required to be reported by law; or

(3) any admission or knowledge of criminal conduct.

(e) All communications, notes, records, and reports arising out of a peer support counseling session shall be exempt from inspection and copying under the Freedom of Information Act.

(f) A cause of action exists for public safety personnel or emergency services personnel if the emergency services provider or law enforcement agency uses confidential information obtained during a confidential peer support counseling session conducted by a law enforcement agency or by an emergency services provider for an adverse employment action against the participant.

Section 25. Judicial proceedings.

(a) Any oral communication or written information made or conveyed by a participant or counselor in a peer support session, including an employee assistance program, is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding, except to the extent necessary in an action described in subsection (f) of Section 20 or if related to information obtained under subsection (d) of Section 20.

(b) Nothing in this Section limits the discovery or introduction into evidence, knowledge acquired by any public safety personnel or emergency services personnel from observations made during the course of employment or material or information acquired during the course of employment that is otherwise subject to discovery in evidence.

Section 110. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-99 as follows:

(20 ILCS 2605/2605-99 new)

Sec. 2605-99. Training; suicide prevention. The Department, in consultation with a statewide association that represents public pension funds under Article 3 and Article 4 of the Illinois Pension Code, shall conduct or approve a 2-day in-service training program for State Police officers in job-related stress management and suicide prevention. The in-service training program shall train State Police officers to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. This in-service training program shall be completed every 2 years by each State Police officer. The Department shall establish the training program on or before January 1, 2020.

Section 115. The Illinois Police Training Act is amended by changing Section 7 and by adding Section 10.17-2 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall adopt rules and minimum standards for such schools which shall include, but not be limited to, the following:

a. The curriculum for probationary police officers which shall be offered by all certified schools shall include, but not be limited to, courses of procedural justice, arrest and use and control tactics, search and seizure, including temporary questioning, civil rights, human rights, human relations, cultural competency, including implicit bias and racial and ethnic sensitivity, criminal law, law of criminal procedure, constitutional and proper use of law enforcement authority, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and accident investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans, first-aid (including cardiopulmonary resuscitation), training in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Substance Use Disorder Act, handling of juvenile offenders, recognition of mental conditions and crises, including, but not limited to, the disease of addiction, which require immediate assistance and response and methods to safeguard and provide assistance to a person in need of mental treatment, recognition of abuse, neglect, financial exploitation, and self-neglect of adults with disabilities and older adults, as defined in Section 2 of the Adult Protective Services Act, crimes against the elderly, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children, including cultural perceptions and common myths of sexual assault and sexual abuse as well as interview techniques that are age sensitive and are trauma informed, victim centered, and victim sensitive. The curriculum shall include training in techniques designed to promote effective communication at the initial contact with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Crime Victims Compensation Act. The curriculum shall also include training in effective recognition of and responses to stress, trauma, and post-traumatic stress experienced by police officers. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental or physical disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum for permanent police officers shall include, but not be limited to: (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board. The training in the use of electronic control devices shall be conducted for probationary police officers, including University police officers.

b. Minimum courses of study, attendance requirements and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a probationary police officer must satisfactorily complete before being eligible for permanent employment as a local law enforcement officer for a participating local governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a probationary county corrections officer must satisfactorily complete before being eligible for permanent employment as a county corrections officer for a participating local governmental agency.

f. Minimum basic training requirements which a probationary court security officer must satisfactorily complete before being eligible for permanent employment as a court security officer for a participating local governmental agency. The Board shall establish those training requirements which it considers appropriate for court security officers and shall certify schools to conduct that training.

A person hired to serve as a court security officer must obtain from the Board a certificate (i) attesting to his or her successful completion of the training course; (ii) attesting to his or her satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.

Individuals who currently serve as court security officers shall be deemed qualified to continue to serve in that capacity so long as they are certified as provided by this Act within 24 months of June 1, 1997 (the effective date of Public Act 89-685). Failure to be so certified, absent a waiver from the Board, shall cause the officer to forfeit his or her position.

All individuals hired as court security officers on or after June 1, 1997 (the effective date of Public Act 89-685) shall be certified within 12 months of the date of their hire, unless a waiver has been obtained by the Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the Sheriff's Office if there is no Sheriff's Merit Commission, shall maintain a list of all individuals who have filed applications to become court security officers and who meet the eligibility requirements established under this Act. Either the Sheriff's Merit Commission, or the Sheriff's Office if no Sheriff's Merit Commission exists, shall establish a schedule of reasonable intervals for verification of the applicants' qualifications under this Act and as established by the Board.

g. Minimum in-service training requirements, which a police officer must satisfactorily complete every 3 years. Those requirements shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, mental health awareness and response, officer wellness, and cultural competency.

h. Minimum in-service training requirements, which a police officer must satisfactorily complete at least annually. Those requirements shall include law updates and use of force training which shall include scenario based training, or similar training approved by the Board.

(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)

(50 ILCS 705/10.17-2 new)

Sec. 10.17-2. Training; suicide prevention. The Board, in consultation with a statewide association that represents public pension funds under Article 3 and Article 4 of the Illinois Pension Code, shall conduct or approve an in-service training program for law enforcement officers in job-related stress management and suicide prevention. The in-service training program shall train law enforcement officers of local government agencies to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. This in-service training program shall be completed every 3 years by each local law enforcement officer. The Board shall establish the training program on or before January 1, 2020.

Section 999. Effective date. This Act takes effect upon becoming law.".