Gov. Kathy Hochul signs bill ensuring confidentiality for counseling sessions for law enforcement

ALBANY — Gov. Kathy Hochul signed legislation Thursday aimed at encouraging law enforcement officers to use peer support groups.

The Lieutenant Joseph Banish Mental Health Act establishes confidentiality requirements for communications made by law enforcement during peer-to-peer counseling sessions.

Officers who respond to crises deserve services that are tailored to their unique experiences, Hochul said in a statement.

"By strengthening protections for law enforcement peer support programs, we are ensuring safe settings for honest conversations to improve the mental health and well-being of our first responders," she said.

The legislation is modeled after the 2021 federal COPS Counseling Act, a federal law that established confidentiality protections for peer counseling programs in federal law enforcement agencies.

The confidentiality is limited to those officers trained and designated as peer counselors. The legislation also lays out instances where confidentiality would not apply, such as a court order or subpoena, information regarding involvement in criminal activity, thoughts of harming oneself or others, suicide or the abuse or neglect of a child.

Proponents of the bill have argued police officers often experience trauma and grief as emergency first responders and the bill would make it easier for them to seek help privately from trained peer specialists.

Law enforcement members were 54% more likely to die of suicide than the general public, a 2020 study in the journal Policing found, according to a previous Newsday story. Police officers are more likely to die of suicide than in the line of duty, other studies found.

Participation in the peer support networks would be confidential so officers would not have to worry that what they say will be reported to supervisors or internal affairs.

Law enforcement officials said the bill will allow people with mental health issues to speak to someone who understands the stresses of their job, has gotten mental health assistance and training, and has emerged stronger and healthier as a result.

Ten officers in New York State have died by suicide this year, according to First H.E.L.P., a nonprofit that seeks to reduce mental health stigma for first responders.

In 2024, there were 13 law enforcement suicides in the state, including two Suffolk County police officers, Newsday has reported.