Vermont § 127 - Department of Corrections; peer support program; confidentiality

§ 127. Department of Corrections; peer support program; confidentiality

• (a) As used in this section: (1) “Department” has the same meaning as in subdivision 3(4) of this title. (2) “Participant” means a Department staff member who has been involved in a traumatic
  incident by reason of employment at the Department and who has agreed to participate
  in the Department’s peer support program. (3) “Peer support” means appropriate support and services offered by a peer support specialist
  to a participant. (4) “Peer support program” means a program established by the Department of Corrections
  to provide appropriate peer support services to Department staff members. (5) “Peer support session” means a peer support program session for a Department staff
  member who has been involved in a traumatic incident by reason of employment at the
  Department or related to other personal matters. (6) “Peer support specialist” means a Department staff member who, by reason of the staff
  member’s prior experience, training, or interest, has expressed a desire and has been
  selected to provide appropriate peer support services to a participant. (7) “Staff member” means a supervising officer as defined in subdivision 3(9) of this title, a correctional officer as defined in subdivision 3(10) of this title, and any other employee of the Department. (b)(1) Except as provided in subsection (d) of this section, any communication made by a
  participant or peer support specialist in a peer support session of the peer support
  program, including any oral or written information conveyed during a peer support
  session, shall not be disclosed by any individual participating in the peer support
  session. (2) Except as provided by subsection (d) of this section, any communication relating to
  a peer support session between peer support specialists, between peer support specialists
  and participants of the peer support program, between participants of the peer support
  program, or between any other Department staff member, including any oral or written
  information, shall not be disclosed by any individual participating in the communication. (3) Written communications described in this subsection, such as notes, records, and reports
  related to a peer support session, are exempt from public inspection and copying under
  the Public Records Act and shall be kept confidential. The Public Records Act exemptions
  created in this section shall not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records Act exemptions). (c) Except as provided by subsection (d) of this section, any communication made by a
  participant or peer support specialist in a peer support session, including any oral
  or written communication, such as notes, records, and reports related to the peer
  support session, shall not be admissible in a judicial, administrative, or arbitration
  proceeding. Limitations on disclosure imposed by this subsection include disclosure
  during any discovery conducted as part of an adjudicatory proceeding. Limitations
  on disclosure imposed by this subsection shall not include knowledge acquired by the
  Department or staff members from observations made during the course of employment
  or information acquired by the Department or staff members during the course of employment
  that is otherwise subject to discovery or introduction into evidence. (d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall
  only apply to a peer support session conducted by an individual who has: (A) been designated by the Department or the peer support program to act as a peer support
  specialist; and (B) received and completed training in peer support and providing emotional and moral
  support to Department staff members who have been involved in emotionally traumatic
  incidents by reason of their employment or other personal matters. (2) Confidentiality protections described in subsections (b) and (c) of this section shall
  not apply to the following information as it pertains to an individual designated
  to receive such information in the normal course of the individual’s professional
  responsibilities: (A) any threat of suicide or homicide made by a participant of a peer support session
  or any information conveyed in a peer support session relating to a threat of suicide
  or homicide; (B) any information relating to the abuse of a child or vulnerable adult, or other information
  that is required to be reported by law; (C) any admission of criminal conduct; or (D) any admission of a plan to commit a crime. (e) Nothing in this section shall prohibit any communications between peer support specialists
  regarding a peer support session or between peer support specialists and participants
  of the peer support program. (Added 2023, No. 78, § E.335, eff. July 1, 2023.)