A community mental health program director or designee may withhold information obtained during an investigation under ORS 426.070, 426.228, 426.232, 426.233 or 426.234 if the community mental health program director determines:
(1) That information was not included in its investigation report or otherwise used in a material way to support a determination by the community mental health program director that there was probable cause to believe a person was a person with mental illness; and
(2) Release of the information would constitute a clear and immediate danger to any person.