Section 590.192

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 590

Effective - 28 Aug 2021   

  590.192.  Critical incident stress management program, purpose — services to be provided — requirements — confidentiality of information — fund created, use of moneys. — 1.  There is hereby established the "Critical Incident Stress Management Program" within the department of public safety.  The program shall provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event.  Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services provided by the department to peace officers affected by a critical incident.  For purposes of this section, a "critical incident" shall mean any event outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's physical integrity or the physical integrity of someone else.

  2.  All peace officers shall be required to meet with a program service provider once every three to five years for a mental health check-in.  The program service provider shall send a notification to the peace officer's commanding officer that he or she completed such check-in.

  3.  Any information disclosed by a peace officer shall be privileged and shall not be used as evidence in criminal, administrative, or civil proceedings against the peace officer unless:

  (1)  A program representative reasonably believes the disclosure is necessary to prevent harm to a person who received services or to prevent harm to another person;

  (2)  The person who received the services provides written consent to the disclosure; or

  (3)  The person receiving services discloses information that is required to be reported under mandatory reporting laws.

  4.  (1)  There is hereby created in the state treasury the "988 Public Safety Fund", which shall consist of moneys appropriated by the general assembly.  The state treasurer shall be custodian of the fund.  In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.  The fund shall be a dedicated fund and moneys in the fund shall be used solely by the department of public safety for the purposes of providing services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event pursuant to subsection 1 of this section.  Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services provided by the department to peace officers affected by a critical incident.  The director of public safety may prescribe rules and regulations necessary to carry out the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void.

  (2)  Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

  (3)  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

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(L. 2021 S.B. 26 merged with S.B. 53 & 60 merged with S.B. 57)