Utah § 58-50-9 - Standards of conduct for private probation providers -- Contracts -- Reports.
Full text of Utah Utah Code § 58-50-9 — Standards of conduct for private probation providers -- Contracts -- Reports., with citation guidance and answers to common questions.
§ 58-50-9. Standards of conduct for private probation providers -- Contracts -- Reports.
Effective 5/6/2026 58-50-9.
Standards of conduct for private probation providers -- Contracts -- Reports.
(1)
As used in this section, "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
(ii)
if the law does not protect confidentiality, shall advise the parties that confidentiality is not protected;
(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 the licensing board adopts;
(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 in accordance with Section 77-18-105, as a court with jurisdiction orders;
(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;
(i)
shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying:
(i)
each individual in the county that the private probation provider currently supervises;
(ii)
the crimes each supervised individual committed;
(iii)
the level of supervision that 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.;
(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 each available human services program that provides the assessment, treatment, or other services; and
(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.
(4)
(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:
(i)
mental health therapy services;
(ii)
education services; or
(iii)
rehabilitation services.
(b)
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 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 separate paragraph describing what services beyond private probation services that the private probation provider 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 the private probation provider supervises.
Section 58-50-9 ("Standards of conduct for private probation providers -- Contracts -- Reports.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 58-50-9?
A common citation format is "Utah Code § 58-50-9" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-50-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
