Private Probation and Court Ordered Services Amendments

3
58-50-9
58-50-9
0
Private Probation and Court Ordered Services Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Anthony E. Loubet
LONG TITLE
General Description:
This bill modifies the Private Probation Provider Licensing Act.
Highlighted Provisions:
This bill:
modifies a defined term;
clarifies that a human services program generally may not provide both:
private probation services; and
other compensated services;
provides enforcement; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-50-9
, as last amended by Laws of Utah 2023, Chapter 257
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-50-9
is amended to read:
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
"human services program" 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)
(i)
shall maintain confidentiality
or, in cases where confidentiality is not
protected, the private probation provider shall so advise the parties
; or
(ii)
if the law does not protect confidentiality, shall advise the parties that
confidentiality is not protected
;
(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;
(d)
(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
(ii)
if the contract probation provider believes a conflict of interest may exist,
shall
refrain from providing into those probation services;
(e)
shall adhere to the standards regarding private probation services
adopted by
the
licensing board
adopts
;
(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;
(f)
(i)
shall comply with the orders of a court with jurisdiction; and
(ii)
shall notify the court that the private probation provider is providing supervision
services to a defendant;
(g)
shall perform duties
established under
in accordance with
Section
77-18-105
, as
ordered by the court
a court with jurisdiction orders
;
(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
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
;
(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
in the county that
the
private probation provider
currently supervises
;
(ii)
the crimes each
supervised
individual
supervised
committed;
(iii)
the level of supervision that
is being provided for each individual
the private
probation provider provides for each supervised individual
; and
(iv)
any other information related to the provision of private probation that
:
(A)

the county sheriff determines is relevant
; and
(B)
complies with the Health Insurance Portability and Accountability Act, 42
U.S.C. Sec. 1320d et seq.
;
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
.
; and
(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.
(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
each available human services
program
that
provide
provides
the assessment, treatment, or other services; and
(b)
permit the defendant to select a
licensee described in
human services program in
accordance with
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
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:
(i)
mental health therapy services;
(ii)
education services; or
(iii)
rehabilitation services.
(b)
A private probation provider that is a licensee may simultaneously provide
A
human services program may simultaneously provide to a defendant
private
probation services and other services as described in Subsection
(4)(a)
if:
(i)
no other
licensees that provide the services are located
human services program
that provides the services is 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
a separate
paragraph describing what services beyond private probation services that
the
private probation provider
will
may
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.
(d)
The division shall revoke the license of a private probation provider who violates
Subsection
(4)(a)
.
(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
supervises
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:54 AM