Most often, confession is not sought within the congregation. More often, an accusation is made a 3rd party, the accused confesses or doesnt. This does not seem to meet the threshold of privlieged communication, but IANAL
Ecclesiastical communications involving the adjudication of sin are protected. The JW religious system is a legal church and they consider communications by congregants involving sins (which may also be crimes) as ecclesiastical. Because the entire church process from the accusation of sin to the church proceedings in their judicial committees and further process involving other religious authorities up at the watchtower is defined as part of religious beliefs and practice by the JW religion, such communications can be considered as protected by the government.
A person goes to the. church to accuse someone of sin. A person goes to the police to accuse someone of a crime. However, mandatory reporting laws compel church authorities to report specific conduct to law enforcement and if they don’t they are breaking the law. But if they do the church can also be violating confidentiality protected by law—which is also breaking the law. Eliminate then the laws that protect criminal’s confidentiality to church and why stop there, eliminate confidentiality between criminals and lawyers.
If the government wants to dissolve church confidentiality and church jurisdiction over sins that are crimes or the human right for spiritual help, the reconciliation with God etc. That is that. But that is a breach of the separation of church and State. By the same token, the government can assume the role of the church like in theocratic governments of the middle east and dictate morality and prosecute immorality.
So the government is protected by 2 concurrent laws, one that abolishes the confidentiality rights of criminals in a church and another that by the same token protects the confidentiality rights of criminals in a church. On the other hand the same criminal enjoys confidentiality with his lawyer. Don’t be a minister or a lawyer if you want to help people or be a minister or a lawyer if you want to help people.