{"data":{"id":"us-ut/utah-code-58-50-9","jurisdiction":"us-ut","citation":"Utah Code § 58-50-9","heading":"Standards of conduct for private probation providers -- Contracts -- Reports.","body":"(1) As used in this section, \"human services program\" means the same as that term is defined in Section 26B-2-101.\n(2) The private probation provider:\n(a) shall maintain impartiality toward all parties;\n(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;\n(c)\n(i) shall maintain confidentiality; or\n(ii) if the law does not protect confidentiality, shall advise the parties that confidentiality is not protected;\n(d)\n(i) shall 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\n(ii) if the contract probation provider believes a conflict of interest may exist, shall refrain from providing into those probation services;\n(e) shall adhere to the standards regarding private probation services the licensing board adopts;\n(f)\n(i) shall comply with the orders of a court with jurisdiction; and\n(ii) shall notify the court that the private probation provider is providing supervision services to a defendant;\n(g) shall perform duties in accordance with Section 77-18-105, as a court with jurisdiction orders;\n(h) shall provide private probation in a county where an agency of local government provides probation services only if the private probation provider has entered into a contract with the agency of local government;\n(i) shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying:\n(i) each individual in the county that the private probation provider currently supervises;\n(ii) the crimes each supervised individual committed;\n(iii) the level of supervision that the private probation provider provides for each supervised individual; and\n(iv) any other information related to the provision of private probation that:\n(A) the county sheriff determines is relevant; and\n(B) complies with the Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq.;\n(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; and\n(k) may not simultaneously provide to a defendant private probation services and other services for which the private probation provider receives compensation from a human services program.\n(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:\n(a) provide the defendant a list of each available human services program that provides the assessment, treatment, or other services; and\n(b) permit the defendant to select a human services program in accordance with Subsection (3)(a) with which to complete the required assessment, treatment, or other services.\n(4)\n(a) Except as provided in Subsection (4)(b), a human services program may not simultaneously provide to a defendant private probation services and other services for which the human services program receives compensation, including:\n(i) mental health therapy services;\n(ii) education services; or\n(iii) rehabilitation services.\n(b) A human services program may simultaneously provide to a defendant private probation services and other services as described in Subsection (4)(a) if:\n(i) no other human services program that provides the services is located within 50 miles of the defendant's residence; and\n(ii) the private probation provider obtains the defendant's written informed consent.\n(c) The written informed consent described in Subsection (4)(b) shall include:\n(i) a separate paragraph describing what services beyond private probation services that the private probation provider may provide;\n(ii) a separate paragraph describing how the defendant can withdraw consent;\n(iii) a separate paragraph describing grievance procedures, including how to contact and file a complaint with the division's investigation office; and\n(iv) a separate paragraph informing the defendant of the potential conflict of interest.\n(d) The division shall revoke the license of a private probation provider who violates Subsection (4)(a).\n(5) A contract described in Subsection (2)(h) shall include a description of the fees the private probation provider will charge a defendant who the private probation provider supervises.","path":["Title 58 Occupations and Professions","Chapter 58-50 Private Probation Provider Licensing Act"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter50/58-50-S9.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"1d84fa971201fd7bec5882150891bc39256c76efcc5b6ccb12b4dca7bc838699","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-50-7","next":"us-ut/utah-code-58-50-10"},"notice":"GroundRules: Original legal text. Not legal advice."}