38-1139. Critical incident stress management team member; privilege; exceptions; definitions

A. Except as provided in subsection B of this section, a critical incident stress management team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a probation officer shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.

B. Subsection A of this section does not apply if:

1. The communication or advice indicates clear and present danger to the probation officer who received crisis response services or to other persons.

2. The probation officer who received crisis response services gives express consent to the testimony.

3. The communication or advice is made during the course of a criminal investigation.

4. The probation officer who received crisis response services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.

5. A breach of department policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement.

C. For the purposes of this section:

1. " Crisis response services" means consultation, risk assessment, referral and onsite crisis intervention services provided by a critical incident stress management team to a probation officer.

2. " Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.

3. " Department" means the branch of government in which a probation officer is employed.

4. " Emergency medical provider" means municipal or state emergency medical services personnel.

5. " Firefighter" means a municipal or state firefighter.