Section 58-50-9 - Standards of conduct for private probation providers - Contracts - Reports(1) As used in this section, "licensee" means the same as that term is defined in Section 26B-2-101.(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 ,§ 2, eff. 5/3/2023.Amended by Chapter 115, 2022 General Session ,§ 2, eff. 5/4/2022.Amended by Chapter 260, 2021 General Session ,§ 4, eff. 7/1/2021.Amended by Chapter 20, 1995 General Session
Amended by Chapter 352, 1995 General Session