Wisconsin Statutes 905.16 – Communications to veteran mentors
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 905.16
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01
(1) Definitions. As used in this section:
(a) A communication is “confidential” if not intended to be disclosed to 3rd parties other than to those persons present to further the interests of the veteran or member or to persons reasonably necessary for the transmission of the communication.
(b) A “veteran mentor” is an individual who meets all of the following criteria:
1. Served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, served in a reserve unit of the U.S. armed forces, or served in the national guard.
2. Has successfully completed a judicially approved veterans mentoring training program.
3. Has completed a background information form approved by a circuit court judge from a county that is participating in a veterans mentoring program.
4. Is on the list of persons authorized by a circuit court judge to provide assistance and advice in a veterans mentoring program.
(c) “Veteran or member” means an individual who is serving or has served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard.
(d) “Veterans mentoring program” is a program approved by a circuit court judge to provide assistance and advice to a veteran or member.
(2) General rule of privilege. A veteran or member has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication made by the veteran or member to a veteran mentor while the veteran mentor is acting within the scope of his or her duties under the veterans mentoring program.
(3) Who may claim the privilege. The privilege may be claimed by the veteran or member, by the veteran’s or member’s guardian or conservator, or by the veteran’s or member’s personal representative if the veteran or member is deceased. The veteran mentor may claim the privilege on behalf of the veteran or member. The veteran mentor’s authority to claim the privilege on behalf of the person is presumed in the absence of evidence to the contrary.
(4) Exception. There is no privilege under this section as to the following:
(a) A communication that indicates that the veteran or member plans or threatens to commit a crime or to seriously harm himself or herself.
(b) A communication that the veteran or member has agreed in writing to allow to be disclosed as a condition of his or her participation in the veterans mentoring program.