26B-2-134. Obligations of persons providing assessment and treatment services.
(1) |
As used in this section:
Terms Used In Utah Code 26B-2-134- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(a) |
“Assessor” means a licensee that provides an assessment as ordered by a court in a criminal case. |
(b) |
“Criminal case” means a case in which a court of justice described in Section 78A-1-101 has ordered an individual to comply with certain terms and conditions of probation related to a criminal offense. |
(c) |
“Licensee” means the same as that term is defined in Section 62A-2-101. |
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(2) |
(a) |
Except as provided in Subsection (4), an assessor that determines that the individual requires specific treatment shall:
(i) |
provide the individual a list of all available licensees that provide the treatment; and |
(ii) |
permit the individual to select a licensee described in Subsection (2)(a)(i) with which to complete the treatment. |
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(b) |
The list described in Subsection (2)(a)(i) may include the assessor, if the assessor is a licensee that provides the required treatment described in Subsection (2)(a). |
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(3) |
Except as provided in Subsection (4), an assessor or other licensee may not solicit defendants as clients on any property that operates as a court of justice as described in Section 78A-1-101. |
(4) |
An assessor that performs services for a problem-solving court approved by the Judicial Council is not required to comply with this section. |
Enacted by Chapter 257, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.