Section 9 – Standards of conduct for private probation providers — Contracts — Reports.

• (1) 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 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; 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 comply with orders of court and perform services as directed by judges in individual cases;
  • (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; and
  • (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.

• (2) A contract described in Subsection (1)(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 115, 2022 General Session