AI-assisted research summary: Certain agencies may create peer support counseling programs, and designated trained employees may serve as peer support counselors. Communications and records from these sessions are generally confidential and protected from disclosure, public records release, admissibility, discovery, and subpoena, with listed exceptions.
Chapter 95. Peer Support Counseling. Sec. 18.95.010. [Renumbered as AS 18.23.100 .] Sec. 18.95.020. Peer support counseling. (a) A law enforcement agency, emergency service provider, and the department may establish a peer support counseling program to provide emotional and moral support and peer support counseling to peace officers and emergency service personnel who have experienced emotionally traumatic incidents in the course of employment. (b) A law enforcement agency, emergency service provider, or the department may designate an employee of the agency, provider, or department to serve as a peer support counselor for the peer support counseling program of the agency, provider, or department if the employee has received training in peer support counseling and providing emotional and moral support to peace officers and emergency service personnel who have experienced emotionally traumatic incidents in the course of employment. Sec. 18.95.030. Peer support counseling confidentiality. (a) A written or oral communication made by a participant or peer support counselor during a peer support counseling session or made between peer support counselors, supervisors, or staff members relating to a peer support counseling session is confidential and may not be disclosed by a participant, peer support counselor, supervisor, or staff member to another person. Nothing in this subsection prohibits communications relating to a peer support counseling session between peer support counselors, supervisors, and staff members of a peer support counseling program. (b) Oral or written information generated as a result of a peer support counseling session is confidential and is not subject to public disclosure under AS 40.25.100 40.25.295 (Alaska Public Records Act). The oral or written information is not admissible in a criminal or civil proceeding. A person may not be compelled to disclose oral or written information through discovery or testimony in a civil or criminal proceeding. Records and information collected through the peer support counseling program are not subject to discovery or subpoena in connection with a civil or criminal proceeding. This subsection does not apply to information that was acquired (1) through observations made during the regular course of employment of a peace officer or emergency service personnel, or other material or information acquired during the course of employment of a peace officer or emergency service personnel, that is otherwise subject to discovery or introduction into evidence; or (2) by a peer support counselor in the course of the peer support counselor's response to an incident as the initial responding peace officer or emergency service personnel, witness, or party to the incident for which a person sought peer support counseling. (c) This section does not apply to (1) a threat of suicide or homicide made by a participant in a peer support counseling session or any information relating to a threat of suicide or homicide; (2) information that is required by law to be reported; (3) information relating to the abuse of a child or a vulnerable adult; (4) any admission of criminal conduct. Sec. 18.95.040. Definitions. In AS 18.95.020 18.95.040, (1) department means the Department of Corrections; (2) emergency service personnel means a firefighter, an emergency medical technician, a first responder in an emergency situation, or an emergency service dispatcher; (3) emergency service provider means an organization or agency that provides services in response to emergency situations of imminent danger to life or property or assists in coordinating an emergency response to emergency situations of imminent danger to life or property; (4) firefighter has the meaning given in AS 09.65.295 (c); (5) law enforcement agency means a public agency that performs as one of its principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law; law enforcement agency does not include a court; (6) peace officer means (A) an officer of the state troopers; (B) a member of the police force of a municipality; (C) a village public safety officer; (D) a regional public safety officer; (E) a correctional officer; in this subparagraph, correctional officer has the meaning given in AS 18.65.290 ; and (F) an officer whose duty it is to enforce and preserve the public peace; (7) peer support counseling means counseling that occurs in an established peer support counseling program between two or more peace officers or emergency service personnel of a law enforcement agency, emergency service provider, or the department, one of whom is designated as a peer support counselor under AS 18.95.020 (b); (8) peer support counseling program means a program established by a law enforcement agency, emergency service provider, or the department to provide peer support counseling or support services to peace officers and emergency service personnel employed by the agency, provider, or department.