Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Steve McCarthy, Senior Staff Attorney March 28, 2024
2023 Wisconsin Act 220
[2023 Assembly Bill 576]
Public Safety Peer Counseling
and Privilege for Peer Support
and Critical Incident Stress
Management Services
Communications
2023 WISCONSIN ACT 220
2023 Wisconsin Act 220 requires the Wisconsin Department of Justice (DOJ) to establish and
implement a program for the establishment of peer support teams and critical incident stress
management services (CISM) teams, and to organize a program of training required for membership on
a team to provide peer support services or CISM services.
The act then allows various agencies to establish peer support and CISM teams so long as the agency
develops written guidelines for the team and its members and follows any related administrative rules
promulgated by DOJ. The act defines “agency” to mean a law enforcement agency, a tribal law
enforcement agency, a fire protection or emergency medical services agency, or any other agency or
entity, including a nonprofit organization, that employs, represents, or serves law enforcement officers,
tribal law enforcement officers, correctional officers, jail officers, juvenile detention officers, fire
fighters, dispatchers, emergency medical responders, emergency medical services practitioners, public
safety personnel, or ambulance service provider personnel.
In order to qualify as a peer support or CISM team member, an individual must attend a peer support
training program provided through DOJ or, at a minimum, a training program by a credentialed health
care provider who, through education, training, or experience, is qualified to provide peer support
training or CISM services training. An individual may not provide peer support services or CISM
services unless that individual successfully completes a peer support or CISM services training
program.
The act also establishes certain protections for communications with peer support and CISM team
members who are acting in the individual’s capacity as a team member, and functioning within the
written guidelines that are in effect for the team member’s respective agency. Specifically, the act
provides that those team members may refuse to disclose communications made by a person receiving
peer support services or CISM services, including individual or group support sessions, and that
communications made by a person receiving services are not open to public inspection, copying, or
disclosure under Wisconsin’s Open Records Law. However, these protections do not apply if any of the
following are true:
A team member was a witness or a party to the incident that prompted the delivery of peer support
services or CISM services.
Information received by a team member is indicative of actual or suspected child abuse or actual or
suspected child neglect. - 2 -
The person receiving services is a clear and immediate danger to himself or herself or others.
Communication to a team member provides evidence that the person who is receiving services has
committed a crime, plans to commit a crime, or intends to conceal a crime.
The act also creates a testimonial privilege for a person receiving peer support services from a peer
support team member or a person receiving CISM services from a CISM services team member during
the person’s life to refuse to disclose and to prevent any other person from disclosing peer support or
CISM communications. This privilege may be claimed by the person who received the services or the
guardian or conservator of the person who received the services. A person who was a peer support team
member or critical incident stress management services team member at the time of the
communication is presumed to have authority during the life of the person who received the peer
support services or critical incident stress management services to claim the privilege on behalf of the
person who received the peer support services or critical incident stress management services.
However, no such privilege exists for any of the following:
Communication to a team member that is evidence of actual or suspected child neglect or abuse.
Communication to a team member that is evidence a person receiving services is a clear and
immediate danger to himself or herself or others.
Communication to a team member that is evidence that a person who is receiving services has
committed a crime, plans to commit a crime, or intends to conceal a crime.
The act also provides a liability exemption for peer support teams and team members and CISM
services teams and team members providing peer support or CISM services. Specifically, except for
actions for medical malpractice, a team or team member providing peer support services or CISM
services is not liable for damages, including personal injury, wrongful death, property damage, or other
loss related to a peer support team member’s or CISM services team member’s act, error, or omission in
performing peer support services or CISM services.
Effective date: March 29, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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