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.”
58-50-2 - Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter: 58-50-2(1) “Board” means the Private Probation Provider Licensing Board created in Section 58-50-3. 58-50-2(2) “Court” means the particular court that orders probation in a case. 58-50-2(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). 58-50-2(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. 58-50-2(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; and failure to comply with the standards specified in Section 58-50-9.
58-50-3 - Board — Membership — Duties.
58-50-3(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; and one member from the general public. 58-50-3(2) The board shall be appointed by the governor and serve in accordance with Section 58-1-201. 58-50-3(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
58-50-4 - License required — License classifications.
58-50-4(1) An individual may not engage in practice as a private probation provider unless licensed or exempted from licensure under this chapter. 58-50-4(2) The division shall issue to a person qualified for licensure under the provisions of this chapter a license as a private probation provider.
58-50-5 - Qualifications for licensure.
An applicant for licensure as a private probation provider shall: 58-50-5(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; 58-50-5(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 58-50-5(3) apply for licensure and pay the required fees.
58-50-6 - Term of license — Expiration — Renewal.
58-50-6(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. 58-50-6(2) At the time of renewal the licensee shall show satisfactory evidence of completion of continuing education as required under this chapter. 58-50-6(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.
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 .
58-50-9 - Standards of conduct for private probation providers — Contracts — Reports.
58-50-9(1) As used in this section, “licensee” means the same as that term is defined in Section 26B-2-101. 58-50-9(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; and 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; 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; and notify 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; and any other information related to the provision of private probation that the county sheriff determines is relevant; and may not solicit defendants as supervision clients on any property that operates as a court of justice as described in Section 78A-1-101. 58-50-9(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; and permit the defendant to select a licensee described in Subsection (3)(a) with which to complete the required assessment, treatment, or other services. 58-50-9(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; or rehabilitation 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; and the 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; and a separate paragraph informing the defendant of the potential conflict of interest. 58-50-9(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.
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: 58-50-10(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; 58-50-10(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 58-50-10(3) an agency of a local government in accordance with Section 77-18-105.