5 ILCS 840

in effect

5 ILCS 840/1

(5 ILCS 840/1) Sec. 1. Short title. This Act may be cited as the First Responders Suicide Prevention Act. (Source: P.A. 101-375, eff. 8-16-19.)

(5 ILCS 840/5) Sec. 5. Definitions. In this Act: "Emergency services provider" means any public employer that employs persons to provide firefighting services. "Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting services. "Law enforcement agency" means any county sheriff, municipal police department, police department established by a university, the Department of State Police, the Department of Corrections, the Department of Children and Family Services, the Division of Probation Services of the Supreme Court, the Office of the Statewide 9-1-1 Administrator, and other local or county agency comprised of county probation officers, corrections employees, or 9-1-1 telecommunicators or emergency medical dispatchers. "Peer support advisor" means an employee, approved by the law enforcement agency or the emergency provider, who voluntarily provides confidential support and assistance to fellow employees experiencing personal or professional problems. An emergency services provider or law enforcement agency shall provide peer support advisors with an appropriate level of training in counseling to provide emotional and moral support. "Peer support counseling program" means a program established by an emergency services provider, a law enforcement agency, or collective bargaining organization to train employees to serve as peer support advisors to conduct peer support counseling sessions. "Peer support counseling session" means communication with a peer support advisor designated by an emergency services provider or law enforcement agency. A peer support counseling session is accomplished primarily through listening, assessing, assisting with problem-solving, making referrals to a professional when necessary and conducting follow-up as needed. "Public safety personnel" means any employee of a law enforcement agency. (Source: P.A. 101-375, eff. 8-16-19.)

5 ILCS 840/10

(5 ILCS 840/10) Sec. 10. Establishment of peer support program; applicability. Any emergency services provider, law enforcement agency, or collective bargaining organization that creates a peer support program is subject to this Act. An emergency services provider, law enforcement agency, or collective bargaining organization shall ensure that peer support advisors receive appropriate training in counseling to conduct peer support counseling sessions. Emergency services personnel and public safety personnel may refer any person to a peer support advisor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another peer support counseling program that is available and approved by the emergency services provider or law enforcement agency. Notwithstanding any other provision of this Act, public safety personnel may not mandate that any employee participate in a peer support counseling program. (Source: P.A. 101-375, eff. 8-16-19.)

5 ILCS 840/20

(5 ILCS 840/20) (Text of Section before amendment by P.A. 104-681) Sec. 20. Confidentiality; exemptions. (a) Any communication made by an employee of an emergency services provider or law enforcement agency or peer support advisor in a peer support counseling session and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session and shall not be released to any person or entity. (b) Any communication relating to a peer support counseling session made confidential under this Section that is made between peer support advisors and the supervisors or staff of a peer support counseling program, or between the supervisor or staff of a peer support counseling program, is confidential and may not be disclosed. (c) This Section does not prohibit any communications between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of a peer support counseling program. (c-5) Any communication described in subsection (a) or (b) is subject to subpoena for good cause shown. (d) This Section does 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 related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. (e) All communications, notes, records, and reports arising out of a peer support counseling session are not subject to disclosure under Section 7.5 of the Freedom of Information Act. (e-5) A department that establishes a peer support counseling program shall develop a policy or rule that imposes disciplinary measures against a peer support advisor who violates the confidentiality of the peer support counseling program by sharing information learned in a peer support counseling session with department personnel who are not supervisors or staff of the peer support counseling program, unless the information is related to the exemptions in subsection (d). (f) A cause of action exists for public safety personnel or emergency services personnel if the emergency services provider or law enforcement agency uses confidential information obtained during a confidential peer support counseling session conducted by a law enforcement agency or by an emergency services provider for an adverse employment action against the participant. (Source: P.A. 101-375, eff. 8-16-19.) (Text of Section after amendment by P.A. 104-681) Sec. 20. Confidentiality; exemptions. (a) Any communication made by an employee of an emergency services provider or law enforcement agency or peer support advisor in a peer support counseling session and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session and shall not be released to any person or entity. (b) Any communication relating to a peer support counseling session made confidential under this Section that is made between peer support advisors and the supervisors or staff of a peer support counseling program, or between the supervisor or staff of a peer support counseling program, is confidential and may not be disclosed. (c) This Section does not prohibit any communications between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of a peer support counseling program. (c-5) Any communication described in subsection (a) or (b) is subject to subpoena for good cause shown. (d) The privileges established under this Section do not apply if any of the following occur: (1) the communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the participant or another individual; (2) the person receiving the peer support counseling session discloses information that is required to be reported under the mandated reporting laws, including, but not limited to, the reporting of maltreatment of minors, the reporting of maltreatment of vulnerable adults, provided the disclosure is only for the purpose of reporting maltreatment and limited to information necessary to make such a report; (3) the participant expressly waives the privilege or gives consent to disclosure of the privileged communication; (4) the participant is deceased and the surviving spouse or the executor or administrator of the estate of the deceased participant expressly waives the privilege or gives consent to disclosure of the privileged communication; or (5) the participant sought or obtained the peer support counseling services to enable or aid anyone to commit or plan to commit what the participant knew, or reasonably should have known, was a crime or fraud. (e) All communications, notes, records, and reports arising out of a peer support counseling session are not subject to disclosure under Section 7.5 of the Freedom of Information Act. (e-5) A department that establishes a peer support counseling program shall develop a policy or rule that imposes disciplinary measures against a peer support advisor who violates the confidentiality of the peer support counseling program by sharing information learned in a peer support counseling session with department personnel who are not supervisors or staff of the peer support counseling program, unless the information is related to the exemptions in subsection (d). (e-10) Confidentiality protections under this Act apply regardless of whether the peer support advisor is employed by, or affiliated with, the same agency as the first responder receiving support. (f) A cause of action exists for public safety personnel or emergency services personnel if the emergency services provider or law enforcement agency uses confidential information obtained during a confidential peer support counseling session conducted by a law enforcement agency or by an emergency services provider for an adverse employment action against the participant. (Source: P.A. 104-681, eff. 1-1-27.)

5 ILCS 840/25

(5 ILCS 840/25) Sec. 25. Judicial proceedings. Any oral communication or written information made or conveyed by a participant or peer support advisor in a peer support counseling session is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding, except to the extent necessary to enforce subsection (f) of Section 20. (Source: P.A. 101-375, eff. 8-16-19.)

5 ILCS 840/30 First Responders Suicide Task Force

(5 ILCS 840/30) (Section scheduled to be repealed on January 1, 2027) Sec. 30. First Responders Suicide Task Force. (a) The First Responders Suicide Task Force is hereby reconstituted to pursue recommendations to help reduce the risk and rates of suicide among first responders, along with developing a mechanism to help reduce the risk and rates of suicide among first responders. The Task Force shall be composed of the following members: (1) the Director of the Illinois State Police or his or her designee; (2) the Director of Public Health or his or her designee; (3) 2 members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall serve as co-chair; (4) 2 members of the House of Representatives appointed by the Minority Leader of the House of Representatives; (5) 2 members of the Senate appointed by the President of the Senate, one of whom shall serve as co-chair; (6) 2 members of the Senate appointed by the Minority Leader of the Senate; (7) 2 members who represent 2 different mental health organizations, one appointed by the Minority Leader of the House of Representatives and one appointed by the Minority Leader of the Senate; (8) one member who represents an organization that advocates on behalf of police appointed by the Speaker of the House of Representatives; (9) one member who represents the Chicago Police Department appointed by the Minority Leader of the House of Representatives; (10) 2 members who represent organizations that advocate on behalf of firefighters appointed by the President of the Senate; (11) one member who represents the Chicago Fire Department appointed by the Minority Leader of the Senate; and (12) one member who represents an organization that advocates on behalf of sheriffs in the State of Illinois appointed by the President of the Senate. (13) one member who represents an organization that provides mental health training and support for first responders in the State of Illinois, appointed by the President of the Senate. (14) 2 members who represent organizations that advocate on behalf of public safety telecommunicators, appointed by the Speaker of the House. (b) Members of the Task Force shall be appointed within 30 days after the effective date of this amendatory Act of the 104th General Assembly and shall serve without compensation. The Task Force shall begin meeting no later than 30 days after all members have been appointed. The Illinois State Police shall provide administrative support for the Task Force, and if the subject matter is either sensitive or classified, the Task Force may hold its hearings in private. (c) The Task Force shall issue a final report to the General Assembly on or before December 31, 2026. (d) This Section is repealed on January 1, 2027. (Source: P.A. 104-236, eff. 1-1-26.)

5 ILCS 840/35

(5 ILCS 840/35) Sec. 35. Other provisions of law. Nothing in this Act limits or reduces any confidentiality protections or legal privileges that are otherwise provided by law or rule, including, but not limited to, local ordinance, State or federal law, or court rule. Any confidentiality provision enacted by local ordinance on or after the effective date of this Act may not diminish the protections enumerated in this Act. (Source: P.A. 101-375, eff. 8-16-19.)

5 ILCS 840/40 Task Force recommendations

(5 ILCS 840/40) Sec. 40. Task Force recommendations. (a) Task Force members shall recommend that agencies and organizations guarantee access to mental health and wellness services, including, but not limited to, peer support programs and providing ongoing education related to the ever-evolving concept of mental health wellness. These recommendations could be accomplished by: (1) Revising agencies' and organizations' employee assistance programs (EAPs). (2) Urging health care providers to replace outdated healthcare plans and include more progressive options catering to the needs and disproportionate risks shouldered by our first responders. (3) Allocating funding or resources for public service announcements (PSA) and messaging campaigns aimed at raising awareness of available assistance options. (4) Encouraging agencies and organizations to attach lists of all available resources to training manuals and continuing education requirements. (b) Task Force members shall recommend agencies and organizations sponsor or facilitate first responders with specialized training in the areas of psychological fitness, depressive disorders, early detection, and mitigation best practices. Such trainings could be accomplished by: (1) Assigning, appointing, or designating one member of an agency or organization to attend specialized training(s) sponsored by an accredited agency, association, or organization recognized in their fields of study. (2) Seeking sponsorships or conducting fund-raisers, to host annual or semiannual on-site visits from qualified clinicians or physicians to provide early detection training techniques, or to provide regular access to mental health professionals. (3) Requiring a minimum number of hours of disorders and wellness training be incorporated into reoccurring, annual or biannual training standards, examinations, and curriculums, taking into close consideration respective agency or organization size, frequency, and number of all current federal and state mandatory examinations and trainings expected respectively. (4) Not underestimating the crucial importance of a balanced diet, sleep, mindfulness-based stress reduction techniques, moderate and vigorous intensity activities, and recreational hobbies, which have been scientifically proven to play a major role in brain health and mental wellness. (c) Task Force members shall recommend that administrators and leadership personnel solicit training services from evidence-based, data driven organizations. Organizations with personnel trained on the analytical review and interpretation of specific fields related to the nature of first responders' exploits, such as PTSD, substance abuse, and chronic state of duress. Task Force members shall further recommend funding for expansion and messaging campaigns of preliminary self-diagnosing technologies like the one described above. These objectives could be met by: (1) Contacting an accredited agency, association, or organization recognized in the field or fields of specific study. Unbeknownst to the majority, many of the agencies and organizations listed above receive grants and allocations to assist communities with the very issues being discussed in this Section. (2) Normalizing help-seeking behaviors for both first responders and their families through regular messaging and peer support outreach, beginning with academy curricula and continuing education throughout individuals' careers. (3) Funding and implementing PSA campaigns that provide clear and concise calls to action about mental health and wellness, resiliency, help-seeking, treatment, and recovery. (4) Promoting and raising awareness of not-for-profit organizations currently available to assist individuals in search of care and treatment. Organizations have intuitive user-friendly sites, most of which have mobile applications, so first responders can access at a moment's notice. However, because of limited funds, these organizations have a challenging time of getting the word out there about their existence. (5) Expanding Family and Medical Leave Act protections for individuals voluntarily seeking preventative treatment. (6) Promoting and ensuring complete patient confidentiality protections. (d) Task Force members shall recommend that agencies and organizations incorporate the following training components into already existing modules and educational curriculums. Doing so could be done by: (1) Bolstering academy and school curricula by requiring depressive disorder training catered to PTSD, substance abuse, and early detection techniques training, taking into close consideration respective agency or organization size, and the frequency and number of all current federal and state mandatory examinations and trainings expected respectively. (2) Continuing to allocate or match federal and state funds to maintain Mobile Training Units (MTUs). (3) Incorporating a state certificate for peer support training into already existing statewide curriculums and mandatory examinations, annual State Fire Marshal examinations, and physical fitness examinations. The subject matter of the certificate should have an emphasis on mental health and wellness, as well as familiarization with topics ranging from clinical social work, clinical psychology, clinical behaviorist, and clinical psychiatry. (4) Incorporating and performing statewide mental health check-ins during the same times as already mandated trainings. These checks are not to be compared or used as measures of fitness for duty evaluations or structured psychological examinations. (5) Recommending comprehensive and evidence-based training on the importance of preventative measures on the topics of sleep, nutrition, mindfulness, and physical movement. (6) Law enforcement agencies should provide training on the Firearm Owners Identification Card Act, including seeking relief from the Illinois State Police under Section 10 of the Firearm Owners Identification Card Act and a FOID card being a continued condition of employment under Section 7.2 of the Uniform Peace Officers' Disciplinary Act. (Source: P.A. 103-154, eff. 6-30-23; 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)

5 ILCS 840

5 ILCS 840/1

5 ILCS 840/5 Definitions

5 ILCS 840/10

5 ILCS 840/20

5 ILCS 840/25

5 ILCS 840/30 First Responders Suicide Task Force

5 ILCS 840/35

5 ILCS 840/40 Task Force recommendations

5 ILCS 840/105

5 ILCS 840/110

5 ILCS 840/115

5 ILCS 840/117

5 ILCS 840/120

5 ILCS 840/130

5 ILCS 840/135

5 ILCS 840/999