Bill Text: NJ A4135 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires counties to establish crisis intervention services programs for law enforcement officers, firefighters, and sheriff's officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-04 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A4135 Detail]
Download: New_Jersey-2024-A4135-Introduced.html
Sponsored by:
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman MITCHELLE DRULIS
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Requires counties to establish crisis intervention services programs for law enforcement officers, firefighters, and sheriff's officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning crisis intervention services programs for law enforcement officers, firefighters, and sheriff's officers, and amending P.L.1998, c.148.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1998, c.148 (C.40A:14-195) is amended to read as follows:
1. The governing body of any county, by ordinance or resolution, as appropriate, [may] shall provide for the establishment of a [law enforcement] crisis intervention services program. The purpose of the program is to provide post traumatic debriefing and counseling services for law enforcement officers, firefighters, and sheriff's officers who have been involved in incidents which may produce personal or job-related depression, anxiety, stress, or other psychological or emotional tensions, traumas, pressures or disorders.
A crisis intervention services program established pursuant to this act, P.L.1998, c.148 (C.40A:14-195 et seq.), shall be an independent agency of county government. It shall not be organized as a division, department, bureau, or as any other type of subdivision of any county law enforcement agency [or], of any other law enforcement department, force or agency of any municipality within the county, or of any firefighting unit within the county or a municipality in the county.
To preserve the integrity of the services offered under the program, the facility shall not be located at or adjacent to any law enforcement or firefighting facility, station or barracks in the county.
Upon application for reimbursement by a county governing body to the Director of the Division of Budget and Accounting in the Department of the Treasury, a county shall be reimbursed by the State for any costs incurred by the county as a result of the requirements of this section.
(cf: P.L.1998, c.148, s.1)
2. Section 2 of P.L.1998, c.148 (C.40A:14-196) is amended to read as follows:
2. a. [If] When a county establishes a crisis intervention services program pursuant to this act, P.L.1998, c.148 (C.40A:14-195 et seq.), the services shall be available to any law enforcement officer, firefighter, and sheriff's officer employed by any county law enforcement department or agency, or any municipal department, force or agency in the county, or any firefighting unit in the county or a municipality in the county who is involved in an incident which may produce personal or job-related depression, anxiety, stress, or other psychological or emotional tensions, traumas, pressures or disorders. The services of a county program shall also be available to any law enforcement officer or firefighter who is employed by a department or agency of the State when the officer or firefighter is a resident of that county or when the primary work location of the officer or firefighter is in that county. The services of a county program shall also be available to volunteer firefighters. The term "law enforcement officer" shall include 9-1-1 first responder dispatchers.
An employer shall not require a law enforcement officer, firefighter, or sheriff's officer who is receiving debriefing and counseling services to use accrued paid vacation leave, personal leave, or sick leave if the law enforcement officer, firefighter, or sheriff's officer leaves work to attend the debriefing and counseling sessions. Nothing in this act shall be construed to prohibit a law enforcement officer, firefighter, or sheriff's officer in a county which has established a crisis intervention program from participating in any other crisis intervention, stress management or counseling program.
b. [If a county establishes a crisis intervention services program pursuant to P.L.1998, c.148 (C.40A:14-195 et seq.), any] Any officer or firefighter employed by any county law enforcement department or agency, or any municipal department, force or agency in the county, any firefighting unit in the county or a municipality in the county, or any department or agency of the State, who is actively involved in a critical incident, shall be required to participate in the program's debriefing and counseling services before returning to active [law enforcement] duty unless, in the opinion of the chief executive officer of the law enforcement agency or firefighting unit, the ability to deploy officers or firefighters to preserve order and protect public safety requires a return to active duty pending scheduling of debriefing and counseling services, which shall occur as promptly as is practicable.
If a provider of the debriefing and counseling services determines that the law enforcement officer, firefighter, or sheriff's officer is not fit for duty while the law enforcement officer, firefighter, or sheriff's officer is undergoing debriefing and counseling services, the employer shall ensure that the law enforcement officer, firefighter, or sheriff's officer has no loss of pay and benefits for up to 30 calendar days per incident after the date the provider determines that the employee is not fit for duty if all of the following apply:
(1) the law enforcement officer, firefighter, or sheriff's officer is unable to work light duty or the employer does not offer a light duty option;
(2) the law enforcement officer, firefighter, or sheriff's officer has exhausted sick leave, vacation leave, or other leave that is provided as part of the law enforcement officer, firefighter, or sheriff's officer's benefits;
(3) the law enforcement officer, firefighter, or sheriff's officer is not eligible to receive short-term disability benefits if the employer offers short-term disability benefits; and
(4) the employer does not have a supplemental program that provides pay and benefits after the occurrence of an injury.
For the purpose of this subsection, critical incident shall mean an event involving the firing of a weapon or an exchange of gun fire; serious bodily injury to or the death of a juvenile; a terrorist act; a hostage situation; serious bodily injury to or the death of another law enforcement officer or firefighter employed in the same agency or unit, when that serious bodily injury or death occurred in the performance of that officer's or firefighter's official duties; a personal injury or wound; serious bodily injury received in the performance of the officer's or firefighter's official duties; the visual or audible witnessing of the death or maiming, or the visual or audible witnessing of the immediate aftermath of such a death or maiming, of one or more human beings; the response to or direct involvement in a criminal investigation of an offense involving dangerous crimes against children; the need for rescue in the line of duty where one's life was in danger; the response to or direct involvement in an investigation regarding the drowning or near drowning of a child; and such other incidents or events as the county crisis intervention services advisory council established pursuant to section 4 of P.L.1998, c.148 (C.40A:14-198) shall deem appropriate.
c. This section does not apply to State law enforcement officers or firefighters if the State employer provides a program to its law enforcement officers, firefighters, or 9-1-1 first responder dispatchers and if all of the following apply:
(1) the program is paid for by the employer;
(2) the program provides licensed counseling for any issue;
(3) for counseling related to trauma experienced while in the line of duty, the counseling is provided upon request by the law enforcement officer, firefighter, or 9-1-1 first responder dispatcher and is in person; and
(4) the program offers at least 12 visits per year and will offer additional visits if the provider determines that additional visits are necessary.
(cf: P.L.1998, c.148, s.2)
3. Section 3 of P.L.1998, c.148 (C.40A:14-197) is amended to read as follows:
3. a. The debriefing and counseling services available under a program established pursuant to this act, P.L.1998, c.148 (C.40A:14-195 et seq.), shall be provided by appropriately licensed or certified psychologists and social workers who are either employees of the county or under contract to provide such professional services to the county. No employee of a county or municipal law enforcement agency, department or force, or firefighting unit shall provide any debriefing or counseling services under the program; provided, however, nothing herein shall be construed to prohibit any county or municipal or State law enforcement agency, department or force, or firefighting unit from establishing an internal, administrative debriefing and counseling program to identify law enforcement officers, firefighters, or sheriff's officers who may benefit from the services available under the county crisis intervention services program and to refer those officers or firefighters to those services.
Law enforcement officers, firefighters, and sheriff's officers who qualify to receive debriefing and counseling services shall be entitled to up to 12 counseling sessions, which may be provided in person or by telehealth. If a provider of the debriefing and counseling services determines that the law enforcement officer, firefighter, or sheriff's officer requires additional counseling sessions beyond that to which the law enforcement officer, firefighter, or sheriff's officer is entitled, the program shall provide up to an additional 24 counseling sessions, if the sessions occur within one year after the first session.
b. Former law enforcement officers, former firefighters, and other persons who are not licensed or certified as psychologists or social workers and who are not currently employed by any county [or], municipal, or State law enforcement agency or firefighting unit may be employed by the county to provide debriefing and counseling services; provided those former law enforcement officers, former firefighters, and other persons are:
(1) currently enrolled in an educational program to acquire such licensing or certification; or
(2) familiar with the emotional crises and psychological stresses, tensions and anxieties associated with law enforcement duty; or
(3) trained to provide specialized or supplemental counseling services involving domestic violence, substance use disorder, gambling, marriage and family life, and such other topics as the county crisis intervention services advisory council, established pursuant to section 4 of this act, may deem necessary; and
(4) perform those debriefing and counseling services under the direct supervision of a licensed or certified psychologist, psychiatrist, or social worker.
(cf: P.L.2023, c.177, s.125)
4. Section 4 of P.L.1998, c.148 (C.40A:14-198) is amended to read as follows:
4. a. The governing body of a county which establishes a county crisis intervention services program pursuant to P.L.1998, c.148 (C.40A:14-195 et seq.) shall, by ordinance or resolution, as appropriate, organize a county crisis intervention services advisory council. The purpose of the council shall be to advise and assist in the organization and development of an effective county crisis intervention services program. The council shall consist of a representative of the county Association of Chiefs of Police; a representative of a collective bargaining unit representing one of the several law enforcement agencies in the county; the County Prosecutor or his designee; a representative of the county Health Department specializing in mental health; and a certified or licensed psychologist who is experienced in the diagnosis and treatment of emotional, psychological, or post trauma stress disorders.
b. The council shall annually compile data including, but not limited to:
(1) for each category of persons, the total number of persons who have participated in the program;
(2) for each category of persons, the average number of visits per person;
(3) for each category of persons, the average number of months that a person participated in the program;
(4) for each category of persons, the average number of days that a person who participated in the program missed work;
(5) for each category of persons, the total number of persons who participated in the program and who subsequently filed a workers' compensation claim and the number of those claims that were approved and the number of those claims that were denied;
(6) for each category of persons, of the total number of persons who have participated in the program, the percentage of persons who received additional visits under subsection a. of section 3 of P.L.1998, c.148 (C.40A:14-197);
(7) for each category of persons, the total number of persons who were deemed not fit for duty by a provider pursuant to subsection b. of section 2 of P.L.1998, c.148 (C.40A:14-196),; and
(8) for each employer, the total amount of work missed by each category of persons who participated in the program and how missed work was provided for by the employer or through employee benefits.
c. On or before September 1 of each year, each council shall submit the data collected pursuant to subsection b. of this section to the Department of Community Affairs. On or before October 1 of each year, the department shall compile the data into a report and submit the report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). Notwithstanding the provisions of this section, data shall be compiled and reported only in a manner that complies with the privacy requirements of the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and related regulations.
(cf: P.L.1998, c.148, s.4)
5. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
Current law permits the governing body of any county to establish a law enforcement crisis intervention services program for the provision of debriefing and counseling services for law enforcement officers and sheriff's officers who have been involved in incidents which may produce personal or job-related depression, anxiety, stress or other psychological or emotional tensions, traumas, pressures or disorders.
This bill, which is designated as the "Craig Tiger Act," requires that each county establish such a program. This bill also makes firefighters in the county eligible for the debriefing and counseling services of a program, and makes law enforcement officers who are employed by a State department or agency eligible for the debriefing and counseling services of a program when the officer resides in the county or when the officer's primary work location is in the county. The bill makes volunteer firefighters and 9-1-1 first responder dispatchers eligible for the program as well.
The bill expands the definition of critical incident to include:
(1) the visual or audible witnessing of the death or maiming, or the visual or audible witnessing of the immediate aftermath of such a death or maiming, of one or more human beings;
(2) the response to or direct involvement in a criminal investigation of an offense involving dangerous crimes against children;
(3) the need for rescue in the line of duty where one's life was in danger; and
(4) the response to or direct involvement in an investigation regarding the drowning or near drowning of a child.
This bill prohibits an employer from requiring a law enforcement officer, firefighter, or sheriff's officer who is receiving services to use accrued paid vacation leave, personal leave, or sick leave if the law enforcement officer, firefighter, or sheriff's officer leaves work to attend these counseling sessions.
In addition, this bill provides that, if a provider of the crisis intervention services program determines that the law enforcement officer, firefighter, or sheriff's officer is not fit for duty while the law enforcement officer is receiving debriefing or counseling services, the employer must ensure that the law enforcement officer has no loss of pay and benefits for up to 30 calendar days per incident after the date the provider determines that the employee is not fit for duty if certain criteria are met.
This bill will provide qualified officers and firefighters with up to 12 counseling sessions, which can be provided in person or by telehealth. If the provider determines that the officer or firefighter requires additional counseling sessions, the program will provide up to an additional 24 counseling sessions, if the sessions occur within one year after the first session.
In addition, this bill requires each county crisis intervention services advisory council to compile data regarding the program and, on or before September 1 of each year, submit the data to the Department of Community Affairs. On or before October 1 of each year, the department is required to compile the data into a report and submit the report to the Governor and the Legislature.
Finally, this bill requires the State to reimburse a county for the costs of the crisis intervention services program it is required to establish pursuant to this bill.
