Enacts the "Lieutenant Joseph Banish mental health act" which establishes a law enforcement peer support program to provide confidentiality for communications arising out of law enforcement peer support counseling; defines terms; provides exceptions for when a peer support communication may be disclosed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6721A
SPONSOR: Griffin TITLE OF BILL:
An act to amend the executive law, in relation to providing confiden-
tiality for communications arising out of law enforcement peer support
counseling
PURPOSE:
To establish a formal peer-to-peer mental health support program for
police personnel.
SUMMARY OF PROVISIONS:
Section 1 contains the short title of this act.
Section 2 directs the Division of Criminal Justice Services to establish
a police peer-to-peer mental health program.
Section 3 is the effective date.
JUSTIFICATION:
This bill would establish a formal program designating certain law
enforcement officers to receive training and provide peer-to-peer coun-
seling to other officers. The goal of this legislation to is better
maintain the mental health of law enforcement officers, so that they may
better serve our citizens.
The overwhelming trauma and grief commonly experienced in the aftermath
of imminent danger, violence and death associated with emergency
response and disaster relief operations is well established. When those
daunting experiences are not processed and addressed, they become
exacerbated and disrupt all areas of life.
Peer counseling by a trained fellow officer would allow for an expe-
ditious and proximate resource for law enforcement to receive assistance
when they are struggling with, or overwhelmed by, trauma and grief.
While the bill provides confidentiality consistent with other types of
mental health services in New York, it expressly limits the confiden-
tiality to those officers trained and designated as peer counselors. It
also specifies circumstances where confidentiality would not apply, such
as a court order or subpoena, information regarding involvement in crim-
inal activity, thoughts of harming self or others, suicide or the abuse
or neglect of a child.
This legislation strikes a fair balance between the need for expanded
confidential mental health services for law enforcement, while ensuring
the waiver of that confidentiality in situations that have the potential
to threaten the safety of the officer or others.
This bill is modeled after the successful federal COPS Counseling Act,
which passed with,bipartisan support in 2021. The federal act provides
confidential peer support services to federal law enforcement officers.
Additionally, several states including Oregon, Massachusetts, Nevada,
Kentucky, and Ohio have passed similar legislation for their police
officers.
When our officers are healthy and receiving the resources they need and
deserve, our communities are safer.
This legislation is in memory of Lt. Joseph Banish, a State Trooper who
died by suicide. The Banish family has honored his memory by advocating
for programs, such as this, that help officers deal with mental health
issues.
FISCAL IMPLICATIONS:
None.
LEGISLATIVE HISTORY:
A1310C/S6709B of 2023-24: Referred to Judiciary/ Passed Senate 60-0
A10179/S1945 of 2021/22: Referred to Judiciary/ Referred to Judiciary
EFFECTIVE DATE:
This act shall take effect 90th day after it shall have become law.
Effective immediately, the addition, amendment, and/or repeal o any rule
or regulation necessary for the implementation of this act on it effec-
tive date are authorized to be made and completed on or before such
date.
