Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Requires counties to establish crisis intervention services programs for law enforcement officers, firefighters, and sheriffs officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning crisis intervention services programs for law enforcement officers, firefighters, and sheriffs 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 sheriffs 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 sheriffs 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 sheriffs officer is not fit for duty while the law enforcement officer, firefighter, or sheriffs officer is undergoing debriefing and counseling services, the employer shall ensure that the law enforcement officer, firefighter, or sheriffs 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 sheriffs officer is unable to work light duty or the employer does not offer a light duty option;
(2) the law enforcement officer, firefighter, or sheriffs officer has exhausted sick leave, vacation leave, or other leave that is provided as part of the law enforcement officer, firefighter, or sheriffs officers benefits;
(3) the law enforcement officer, firefighter, or sheriffs 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 firefighters official duties; a personal injury or wound; serious bodily injury received in the performance of the officer's or firefighters 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 ones 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 fi