In addition to the definitions in Section
58-1-102, as used in this chapter:
| (1) |
“Board” means the Private Probation Provider Licensing Board created in Section 58-50-3. |
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Terms Used In Utah Code 58-50-2
- Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
- Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
| (2) |
“Court” means the particular court that orders probation in a case. |
| (3) |
“Private probation” means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). |
| (4) |
| (a) |
“Private probation provider” means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. |
| (b) |
A private probation provider does not have the authority of a peace officer. |
|
| (5) |
“Unprofessional conduct” as defined in Section 58-1-501 and as may be further defined by rule includes:
| (a) |
failure to disclose any financial or personal interest or prior relationship with parties that affects the private probation provider’s impartiality or otherwise constitutes a conflict of interest; |
| (b) |
providing contract probation services when any financial or personal interest or prior relationship with parties affects the private probation provider’s impartiality or otherwise constitutes an actual conflict of interest; |
| (c) |
failure to clearly define to the offender the services provided by the private probation provider, the rules of conduct, the criteria used, and the fees charged; |
| (d) |
failure to provide adequate supervision, or supervision as ordered by the court, as determined by the division in collaboration with the board; and |
| (e) |
failure to comply with the standards specified in Section 58-50-9. |
|
Amended by Chapter 260, 2021 General Session
