SENATE BILL 371

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

William P. Soules

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING EACH LAW ENFORCEMENT AGENCY TO ESTABLISH A MENTAL HEALTH WELLNESS PROGRAM FOR ITS LAW ENFORCEMENT OFFICERS; ESTABLISHING PROGRAM REQUIREMENTS; REQUIRING CONFIDENTIALITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] MENTAL HEALTH WELLNESS PROGRAMS FOR LAW ENFORCEMENT OFFICERS--STAFF--REQUIREMENTS.--

          A. Each New Mexico law enforcement agency shall establish a mental health wellness program to provide for the mental health wellness of its law enforcement officers.

          B. The law enforcement agency shall hire a licensed psychologist to serve as the clinical director of the mental health wellness program. The clinical director shall manage the program and draft and make available to all personnel of the law enforcement agency a written procedures manual, which shall provide program requirements.

          C. The clinical director shall appoint law enforcement officers from the law enforcement agency to serve as volunteer peer support officers. At least two volunteer peer support officers shall be appointed to serve at any time. The clinical director shall ensure that at least one designated volunteer peer support officer is available at any time to provide peer support counsel to law enforcement officers employed by the law enforcement agency.

          D. To qualify as a volunteer peer support officer, a law enforcement officer shall:

                (1) participate in at least forty hours per year of peer support training authorized by the clinical director;

                (2) have at least five years of full-time law enforcement service; and

                (3) be in good standing with the law enforcement agency.

          E. A peer support counseling session may be held by phone, by audiovisual means or in person. Every law enforcement officer shall participate in a peer support counseling session at least twice per full calendar year of employment. 

          F. After exposure to a significant traumatic event experienced by a law enforcement officer, as designated by the clinical director, the law enforcement officer shall participate in a peer support counseling session within seventy-two hours of that event.

          G. As used in this section, "law enforcement agency" means:

                (1) a city or municipal police department;

                (2) a county sheriff's office;

                (3) the New Mexico state police; or

                (4) a police department established by a university.

     SECTION 2. [NEW MATERIAL] MENTAL HEALTH WELLNESS PROGRAM CONFIDENTIALITY REQUIREMENTS.--

          A. Except as provided in Subsections B and C of this section, any communication made by a participant or volunteer peer support officer in a peer support counseling session pursuant to Section 1 of this 2021 act and any oral or written information conveyed in or as the result of the peer support counseling session:

                (1) is confidential and shall not be disclosed by any person providing counseling or assisting in providing counseling during a peer support counseling session; and

                (2) is not admissible in a judicial, administrative, arbitration or other adjudicatory proceeding, nor shall be subject to a subpoena.

          B. The provisions of Subsection A of this section do not apply to:

                (1) a threat of suicide or homicide made by a law enforcement officer in a peer support counseling session or information conveyed in a peer support counseling session relating to a threat of suicide or homicide;

                (2) information related to abuse of a child or of an elderly person or other information that is required to be reported by law; or

                (3) an admission of criminal conduct.

          C. Disclosure of information provided during a peer counseling session and described in Subsection A of this section is allowed:

                (1) by a law enforcement officer who received the peer support counseling; or

                (2) upon express consent of the law enforcement officer who received the peer support counseling.

          D. Data collected for statistical research purposes by the clinical director or a volunteer peer support officer shall be maintained only for statistical research purposes and may not contain any identifying information of a law enforcement officer who received peer support counseling.

          E. A breach of confidentiality by a volunteer peer support officer shall be cause for discipline at the discretion of the clinical director. A breach of confidentiality by the clinical director shall be cause for discipline at the discretion of the law enforcement agency.

          F. This section does not prohibit communication between volunteer peer support officers who conduct peer support counseling sessions, or any communications between volunteer peer support counselors and the clinical director.

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