Testimonial Privilege for Peer Support Group Clients.
The judiciary has inherent power to compel witnesses to appear and testify in judicial proceedings so that the court will receive all relevant evidence. However, common law and statutory law both recognize exceptions to the court's authority to compel testimony, including situations where there is an applicable testimonial privilege. Such privileges protect certain classes of relationships or communications within those relationships.
For example, state law recognizes a number of testimonial privileges, including a privilege for communications between peer support group clients and counselors. This privilege specifically protects communications made by a peer support group client to a designated counselor while receiving counseling. The counselor may not be compelled to testify in a judicial proceeding about the client's communications unless the client consents to disclosure. This privilege applies only to communications made to a counselor acting in his or her capacity as a counselor. This privilege does not apply if the counselor was not designated as such by the client's employing agency prior to the incident that resulted in counseling, or if the counselor was an initial responder, witness, or party to the incident.
"First responder" means a law enforcement officer, limited authority law enforcement officer, firefighter, emergency services dispatcher or record keeper, licensed or certified emergency medical personnel, or member or former member of the Washington National Guard acting in certain capacities. A "peer support group client" means a first responder, Department of Corrections staff person, or jail staff person. A "peer support group counselor" means a person who has received training to provide emotional and moral support and counseling to a peer support group client who needs such services as a result of an incident in which the client was involved while acting in his or her official capacity.
Task Force on Law Enforcement Officer Mental Health and Wellness in Washington.
In 2020 the Legislature passed Substitute Senate Bill 6570, which required the Department of Health to convene a task force on law enforcement officer mental health and wellness in the state. The task force was responsible for reviewing specified data, recommendations, and options related to improving the behavioral health status of law enforcement officers and reducing the prevalence of mental health disorder and suicide risk. The task force published a related report to the Governor and the Legislature in December of 2021, which contained the following recommendations to:
Testimonial Privilege for Peer Support Clients.
The testimonial privilege that protects communications made by a peer support group client to a counselor is modified. References to "peer support counseling" are changed to "peer support services," the term "peer support group client" is changed to "peer support services recipient," and the term "peer support group counselor" is changed to "peer supporter" and expanded to include retired first responders and persons with training to provide emotional and moral support and services to a peer support services recipient for other stress that is impacting the services recipient's performance of official duties. The testimonial privilege applies regardless of whether the services recipient is an employee of the same agency as the peer supporter.
Task Force on First Responder Wellness in Washington.
The Criminal Justice Training Commission (CJTC) must, subject to appropriations, convene a task force on first responder wellness in the state (Task Force). The Task Force must be cochaired by the Executive Director of the CJTC, or the Executive Director's designee, and a representative of the fire service. The Task Force must consist of the following additional membership:
The CJTC must convene the initial Task Force meeting by December 1, 2024, and the Task Force must continue to meet at least quarterly. The Task Force must:
The Task Force must design its model policies to support efforts to establish and expand peer support services opportunities and networks, and to develop best practices and resources for peer supporters. In developing its model policies, the Task Force must obtain the services of an organization with expertise in peer emotional support and workforce development to provide technical assistance.
Beginning December 1, 2025, the Task Force must submit an annual report to the Legislature on the status of its work. The Task Force expires on December 31, 2028.
Trainings, Resources, and Grant Program.
The CJTC must, subject to appropriations, contract to develop certain trainings and resources related to first responder wellness and peer support, and a grant program to fund implementation or expansion of first responder peer support services programs.
Training for First Responder Peer Supporters.
The CJTC must contract with an organization with expertise in peer emotional support and workforce development to develop and administer a 40-hour training program for first responder peer supporters. The contracting organization must have prior experience developing peer support training for first responders in the state. The contracting organization must consult with members of specified first responder professions when developing the training program, and compensate the first responders for such consultation. A portion of the training program's curriculum must be relevant to all first responder professions, and a portion must be specifically curated to address the unique needs of each first responder profession. The contracting organization must complete development of the training program and begin administering it by August 1, 2025, and utilize current or retired first responders as cotrainers.
Training for Mental Health and Substance Use Disorder Professionals.
The CJTC must contract with an organization with expertise in mental health and substance use disorder (SUD) counseling and treatment of first responders to develop and administer training for mental health and SUD professionals to engender familiarity and cultural competency in the treatment of first responder clients. The contracting organization must consult with mental health and SUD professionals, and members of specified first responder professions. The contracting organization may develop the training to have in person, virtual, and hybrid participation options. The CJTC must direct the contracting organization to offer a set number of free training opportunities annually.
First Responder Peer Support Network and Directory of Licensed Professionals.
The CJTC must contract with an organization that provides free and confidential crisis response and referral services for first responders and their families, to develop and maintain:
The CJTC may contract with an organization with expertise in peer emotional support and workforce development to provide technical assistance in developing the first responder peer support network.
First Responder Peer Support Services Grant Program.
The CJTC must establish and administer a grant program to provide funding to first responder entities and agencies for the implementation or expansion of peer support services programs. Any entity or agency that receives funding through the grant program must:
Appropriations.
Certain appropriations in the operating budget related to the CJTC's grant funding for officer wellness programs are modified. $3 million is appropriated from the State General Fund in the 2023-2025 fiscal biennium for the CJTC to provide grants to local law enforcement and corrections agencies for the purpose of establishing officer wellness programs. Grants may be used for, but not limited to, building resilience, injury prevention, peer support programs, physical fitness, proper nutrition, stress management, suicide prevention, and physical or behavioral health services. The CJTC must consult with a representative from the WASPC, and a representative of the FOP and the WACOPS, in the development of the grant program.
The substitute bill: (1) expands the membership of the Task Force on first responder wellness by including representatives from the Department of Labor and Industries, the state Board for Volunteer Firefighters and Reserve Officers, the state chapter of the Association of Public Safety Communications Officials, the state chapter of the National Emergency Number Association, the University of Washington's Department of Psychiatry and Behavioral Sciences, and the Washington Federation of State Employees; and (2) replaces references to "peer support counseling" with "peer support services," the term "peer support counselor" with "peer supporter," and the term "peer support client" with "peer support services recipient" for purposes of the provisions establishing certain first responder peer support model policies, trainings, resources, grants, and testimonial privileges.
(In support) In 2020 the Legislature mandated research into law enforcement officer wellness, which revealed a lack of wellness programs and resources. The Legislature also recognized that first responders are at a higher risk of suicide because of the things they encounter in their respective lines of work. For example, officer death by suicide is one and a half times more likely to occur than line-of-duty death. We know more about trauma and wellness today than we have known historically. Statistics indicate that over 37 percent of first responders have post-traumatic stress disorder, which often goes untreated. First responders are heroes who perform incredibly difficult and dangerous work, and each profession responds to uniquely challenging and traumatic scenes. They encounter the worst things that people are capable of on a daily basis, and the cumulative trauma they experience is phenomenal. As emergency calls continue to grow in number and severity, the mental toll on first responders increases. With so many competing priorities, it can be difficult for first responders to prioritize their wellbeing and self care. This is a huge issue that we simply cannot do enough to address.
We have done virtually nothing for certain categories of first responders, such as emergency dispatchers, emergency medical services professionals, and corrections officers. This bill makes the smallest gesture to honor and respect the tremendous good that first responders provide to our communities by implementing peer support programs across the state, supporting trauma informed practices, and ensuring that first responders are overall healthier and well adjusted. First responder peer support programs and the culture of seeking and accepting help have been jeopardized by recent events that threaten to allow the compulsion of testimony. Peer support is a best practice of care for people doing a difficult and necessary job. This bill recognizes the importance of protecting the trusting relationship between first responders and peer support counselors.
It would be beneficial to include additional members on the Task Force created by this bill who would represent the interests of public safety telecommunicators. This bill will also have fiscal impacts that require additional funding to appropriately implement.
(Opposed) None.
(Other) The Task Force created by this bill includes various members representing different first responder professions, but the Washington Federation of State Employees and community corrections officers are currently not represented. Community corrections officers have a unique line of work that has been affected by recent changes to the model of incarceration in the state. These workers are important to include as part of the Task Force.
(In support) Representative Lauren Davis, prime sponsor; Jason Fritz, Washington Chapter of the Association of Public Safety and Communications Officials and National Emergency Number Association; Casey Novak, Tacoma Fire Department; Lacey Ledford, Washington State Criminal Justice Training Commission; B.J. Myers, King County Sheriff's Office; Steve Johnson, Code 4 Northwest; James McMahan, Washington Association of Sheriffs and Police Chiefs; Charlie Scoma, Seattle Police Wellness Unit; and Mac Pevey, Washington State Department of Corrections.
The second substitute bill eliminates the section of the bill that amended the 2023-2025 Operating Budget to allow corrections agencies, in addition to local law enforcement agencies, to receive grant funding from the $3 million appropriated to the Criminal Justice Training Commission during the 2023-2025 fiscal biennium for establishing officer wellness programs. Additionally, the second substitute bill adds a null and void clause, making the bill null and void unless it is funded in the budget.
(In support) There is no training currently for first responders providing peer support. Recent court rulings have changed the rules around testimonial privilege and peer support. Wellness for first responders is very important. Peer support teams are invaluable. Many departments around the state do not have peer support. Peer support teams can reach out to individuals who are struggling and help them get back to work quickly. Public safety providers will be more resilient with additional peer support.
(Opposed) None.
Representative Lauren Davis, prime sponsor; James McMahan, Washington Association of Sheriffs and Police Chiefs; and AJ Johnson, Washington State Council of Firefighters.