(1)  As used in this section, “licensee” means the same as that term is defined in Section 62A-2-101.

criminal case

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Terms Used In Utah Code 58-50-9

  • Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(2)  The private probation provider:

(a)  shall maintain impartiality toward all parties;

(b)  shall ensure that all parties understand the nature of the process, the procedure, the particular role of the private probation provider, and the parties’ relationship to the private probation provider;

(c)  shall maintain confidentiality or, in cases where confidentiality is not protected, the private probation provider shall so advise the parties;

(d)  shall:

(i)  disclose any circumstance that may create or give the appearance of a conflict of interest and any circumstance that may reasonably raise a question as to the private probation provider’s impartiality; and

(ii)  if the contract probation supervisor perceives or believes a conflict of interest to exist, the contract probation supervisor shall refrain from entering into those probation services;

(e)  shall adhere to the standards regarding private probation services adopted by the licensing board;

(f)  shall:

(i)  comply with orders of court and perform services as directed by judges in individual cases; and

(ii)  notify the court that the private probation provider is providing supervision services to a defendant;

(g)  shall perform duties established under Section 77-18-105, as ordered by the court;

(h)  beginning July 1, 2022, may not provide private probation in a county where an agency of local government provides probation services unless the private probation provider has entered into a contract with the agency of local government;

(i)  shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying:

(i)  each individual currently supervised in the county by the private probation provider;

(ii)  the crimes each individual supervised committed;

(iii)  the level of supervision that is being provided for each individual; and

(iv)  any other information related to the provision of private probation that the county sheriff determines is relevant; and

(j)  may not solicit defendants as supervision clients on any property that operates as a court of justice as described in Section 78A-1-101.

(3)  If, after conducting a screening of a defendant’s risk and needs, a private probation provider determines that a defendant requires a specific assessment, treatment, or other services, the private probation provider shall:

(a)  provide the defendant a list of all available licensees that provide the assessment, treatment, or other services; and

(b)  permit the defendant to select a licensee described in Subsection (3)(a) with which to complete the required assessment, treatment, or other services.

(4) 

(a)  Except as provided in Subsection (4)(b), a private probation provider that is a licensee may not simultaneously provide to a defendant private probation services and other services for which the private probation provider receives compensation, including:

(i)  mental health therapy services;

(ii)  education services; or

(iii)  rehabilitation services.

(b)  A private probation provider that is a licensee may simultaneously provide private probation services and other services as described in Subsection (4)(a) if:

(i)  no other licensees that provide the services are located within 50 miles of the defendant’s residence; and

(ii)  the private probation provider obtains the defendant’s written informed consent.

(c)  The written informed consent described in Subsection (4)(b) shall include:

(i)  a description of the services other than private probation services the private probation provider will provide;

(ii)  a separate paragraph describing how the defendant can withdraw consent;

(iii)  a separate paragraph describing grievance procedures, including how to contact and file a complaint with the division’s investigation office; and

(iv)  a separate paragraph informing the defendant of the potential conflict of interest.

(5)  A contract described in Subsection (2)(h) shall include a description of the fees the private probation provider will charge a defendant who is supervised by the private probation provider.

Amended by Chapter 257, 2023 General Session

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