SB3106

SECTION 1. The legislature finds that adult corrections officers and other correctional workers face similar emotionally traumatic and high-stress conditions as law enforcement officers and emergency services personnel. The legislature further finds that peer support counseling services are essential to maintain the mental health and well-being of correctional workers.

Accordingly, the purpose of this Act is to extend the confidentiality protections afforded during peer support counseling sessions to correctional workers.

SECTION 2. Section 78-52, Hawaii Revised Statutes, is amended to read as follows:

"[[]§78-52[]] Peer support counseling sessions. (a) Unless the context otherwise requires, for the purposes of this section:

"Correctional worker" means any employee of the department of corrections and rehabilitation who is engaged in the custody, care, treatment, or supervision of inmates or detainees.

"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting, water safety, and emergency medical services.

"Emergency services provider" means any public employer that employs persons to provide firefighting, water safety, and emergency medical services.

"Employee assistance program" means a program established by a law enforcement agency [or], an emergency services provider, or the department of corrections and rehabilitation to provide counseling or support services to employees of the law enforcement agency [or], emergency services provider[.], or department of corrections and rehabilitation.

"Law enforcement agency" means any county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers.

"Law enforcement officer" means a sheriff, deputy sheriff, police officer, parole officer, or probation officer.

"Peer support counseling sessions" includes critical incident stress management sessions.

(b) Any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency [~~or by~~], an emergency services provider, or the department of corrections and rehabilitation for law enforcement officers [or], emergency services personnel, or correctional workers, and any oral or written information conveyed in the peer support counseling session, [is] shall be privileged and [~~may~~] shall not be disclosed by any person participating in the peer support counseling session.

(c) Any communication relating to a peer support counseling session made privileged under subsection (b)[,] that is made between counselors, between counselors and the supervisors or staff of an employee assistance program, or between the supervisors or staff of an employee assistance program[~~, is~~] shall be privileged and [~~may~~] shall not be disclosed.

(d) The provisions of this section shall apply only to peer support counseling sessions conducted by an employee or other person who:

(1) Has been designated by a law enforcement agency [or], an emergency services provider, or the department of corrections and rehabilitation, or by an employee assistance program, to act as a counselor; and

(2) Has received training in counseling and in providing emotional and moral support to law enforcement officers [or], emergency services personnel, or correctional workers who have been involved in emotionally traumatic incidents by reason of their employment.

(e) This section [~~applies~~] shall apply to all oral communications, notes, records, and reports arising out of a peer support counseling session. Any notes, records, or reports arising out of a peer support counseling session [~~are~~] shall not be considered public records for the purposes of chapter 92F.

(f) Any communication made by a participant or counselor in a peer support counseling session subject to this section, and any oral or written information conveyed in a peer support counseling session subject to this section, [is] shall not be admissible in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Communications and information made privileged under this section [~~may~~] shall not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. The limitations on disclosure imposed by this subsection shall include disclosure during any discovery conducted as part of an adjudicatory proceeding.

(g) Nothing in this section [~~limits~~] shall limit the discovery or introduction in evidence of: knowledge acquired by any law enforcement officer [or], emergency services personnel, or correctional worker from observation made during the course of employment; or material or information acquired during the course of employment that is otherwise subject to discovery or introduction into evidence."

(h) This section [~~does~~] shall not apply to:

(1) Any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session relating to a threat of suicide or homicide;

(2) Any information relating to abuse of spouses, children, or the elderly, or other information that is required to be reported by law; or

(3) Any admission of criminal conduct.

(i) This section [~~does~~] shall not prohibit any communication between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of an employee assistance program."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

THE SENATE	S.B. NO.	3106
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII