HOUSE DOCKET, NO. 1403        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2355

The Commonwealth of Massachusetts

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PRESENTED BY:

Kathleen R. LaNatra

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the well-being of law enforcement officers after involvement in a critical incident.

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PETITION OF:

HOUSE DOCKET, NO. 1403        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2355

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the well-being of law enforcement officers after involvement in a critical incident.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 6 of the General Laws is hereby amended by inserting after section 118 the following section:-

Section 119. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Critical incident”, a traumatic event that may cause powerful emotional reactions in people involved or exposed to the event, including: (i) line of duty death or life-threatening injury of an officer; (ii) suicide of an officer; (iii) multiple casualty incidents or disasters; (iv) significant stressful incidents involving children; (v) incidents involving life-threatening injuries or death of a family member or significant other of an officer; (vi) an officer-involved injury or death, as defined in section 1 of chapter 6E; and (vii) any other significant incident that elicits a strong emotional response by the involved officers, at the discretion of the head of the law enforcement agency.

“Law enforcement agency” or “agency”, as defined in section 1 of chapter 6E.

“Law enforcement officer” or “officer”, as defined in section 1 of chapter 6E.

“Telehealth”, as defined in section 30 of chapter 32A.

(b) Each law enforcement agency shall, in collaboration with the municipal police training committee established pursuant to section 116, develop and maintain a policy or program for supporting law enforcement officers who have been involved in a critical incident. The policy or program may include a peripheral law enforcement officer present at the scene of reports an impact or request supportive services.

(c) The policy or program shall include:

(1) Pre-incident preparation, including training and education about both normal and problematic post-traumatic reactions commonly associated with critical incidents;

(2) Protocols to ensure an involved officer’s physical and psychological safety at the scene and following the critical incident;

(3) The provision of post-critical incident services to an involved officer, and the ability to extend the post-critical incident services to an officer’s family and significant others when warranted;

(4) Guidelines for temporary leave or appropriate duty reassignment as agreed upon by an involved officer and the agency to allow an involved officer to receive services and manage the impact of the incident on an involved officer and an involved officer’s family and significant others; and

(5) Guidelines and procedures for an officer’s return to duty, including ongoing support and services available to an involved officer. The guidelines and procedures may include, to the extent possible given the law enforcement agency’s size and resources:

(i) A reintegration plan that considers having an officer return to the scene of the critical incident if necessary, participation in additional firearm training and participation in a graduated re-entry with a partner; and

(ii) Ongoing supportive mental health services, including confidential follow-up by a qualified mental health professional, either in person or through telehealth services.

(d) The policy or program may include, to the extent possible given the law enforcement agency’s size and resources:

(1) At least 1 confidential post-critical incident intervention with a qualified mental health professional in a timely manner following the incident, including through telehealth services;

(2) Ongoing confidential mental health services from a qualified mental health professional as needed, including though telehealth services; and

(3) Some form of peer support, including agency peer support or online or telehealth peer support.

(e) Not less than biennially, each law enforcement agency shall complete a review of the policy or program required pursuant to this section and revise the policy or program, as necessary.