58-50 - Private Probation Provider Licensing Act
Title 58 > 58-50
Sections (9)
58-50-1 - Short title.
This chapter shall be known as the “Private Probation Provider Licensing Act.”
Enacted by Chapter 124, 1990 General Session
58-50-2 - Definitions.
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.
(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) “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.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: 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;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;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;failure to provide adequate supervision, or supervision as ordered by the court, as determined by the division in collaboration with the board; andfailure to comply with the standards specified in Section 58-50-9.
Amended by Chapter 260, 2021 General Session
58-50-3 - Board — Membership — Duties.
(1) There is created the Private Probation Provider Licensing Board. The board shall consist of five members as follows: one member representing the administrative office of the courts;one member representing the Department of Corrections;two members licensed as private probation providers; andone member from the general public.
(2) The board shall be appointed by the governor and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
Amended by Chapter 297, 1993 General Session
58-50-4 - License required — License classifications.
(1) An individual may not engage in practice as a private probation provider unless licensed or exempted from licensure under this chapter.
(2) The division shall issue to a person qualified for licensure under the provisions of this chapter a license as a private probation provider.
Amended by Chapter 297, 1993 General Session
58-50-5 - Qualifications for licensure.
An applicant for licensure as a private probation provider shall:
(1) have a baccalaureate degree in a program approved by the division in collaboration with the board or have a combination of equivalent education and training as determined by the division in collaboration with the board;
(2) submit evidence that a business license to engage in private probation has been issued by the political subdivision of the state in which the applicant intends to establish a business office or offices; and
(3) apply for licensure and pay the required fees.
Amended by Chapter 302, 2025 General Session
58-50-6 - Term of license — Expiration — Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show satisfactory evidence of completion of continuing education as required under this chapter.
(3) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Repealed and Re-enacted by Chapter 297, 1993 General Session
58-50-7 - Grounds for denial of license — Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401 .
Repealed and Re-enacted by Chapter 297, 1993 General Session
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: shall maintain impartiality toward all parties;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;shall maintain confidentiality or, in cases where confidentiality is not protected, the private probation provider shall so advise the parties;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; andif 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;shall adhere to the standards regarding private probation services adopted by the licensing board;shall:comply with orders of court and perform services as directed by judges in individual cases; andnotify the court that the private probation provider is providing supervision services to a defendant;shall perform duties established under Section 77-18-105, as ordered by the court;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;shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying:each individual currently supervised in the county by the private probation provider;the crimes each individual supervised committed;the level of supervision that is being provided for each individual; andany other information related to the provision of private probation that the county sheriff determines is relevant; andmay 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: provide the defendant a list of all available licensees that provide the assessment, treatment, or other services; andpermit the defendant to select a licensee described in Subsection (3)(a) with which to complete the required assessment, treatment, or other services.
(4) 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:mental health therapy services;education services; orrehabilitation services.A private probation provider that is a licensee may simultaneously provide private probation services and other services as described in Subsection (4)(a) if:no other licensees that provide the services are located within 50 miles of the defendant’s residence; andthe private probation provider obtains the defendant’s written informed consent.The written informed consent described in Subsection (4)(b) shall include:a description of the services other than private probation services the private probation provider will provide;a separate paragraph describing how the defendant can withdraw consent;a separate paragraph describing grievance procedures, including how to contact and file a complaint with the division’s investigation office; anda 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
58-50-10 - Exceptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following persons may engage in probation supervision services subject to the stated circumstances and limitations without being licensed under this chapter:
(1) an employee of the Division of Adult Probation and Parole created in Section 64-14-202 while the employee is performing probation services as part of the employee’s normal duties and responsibilities;
(2) a member of the armed forces and an employee, agent, or representative of the federal government while acting in the member’s, employee’s, agent’s, or representative’s official capacity; and
(3) an agency of a local government in accordance with Section 77-18-105.
Amended by Chapter 214, 2025 General Session