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: 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 if the law does not protect confidentiality, shall advise the parties that confidentiality is not protected; 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 provider believes a conflict of interest may exist, shall refrain from providing into those probation services; shall adhere to the standards regarding private probation services the licensing board adopts; shall comply with the orders of a court with jurisdiction; and shall notify the court that the private probation provider is providing supervision services to a defendant; shall perform duties in accordance with Section, as a court with jurisdiction orders; 77-18-105 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; shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying: each individual in the county that the private probation provider currently supervises; the crimes each supervised individual committed; the level of supervision that the private probation provider provides for each supervised individual; and any other information related to the provision of private probation that: the county sheriff determines is relevant; and complies with the Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq.; may not solicit defendants as supervision clients on any property that operates as a court of justice as described in Section; and 78A-1-101 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: provide the defendant a list of each available human services program that provides the assessment, treatment, or other services; and permit the defendant to select a human services program in accordance with Subsectionwith which to complete the required assessment, treatment, or other services. (3)(a)
(4) Except as provided in Subsection, 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: (4)(b) mental health therapy services; education services; or rehabilitation services. A human services program may simultaneously provide to a defendant private probation services and other services as described in Subsectionif: (4)(a) no other human services program that provides the services is 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 Subsectionshall include: (4)(b) a separate paragraph describing what services beyond private probation services that the private probation provider may 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. The division shall revoke the license of a private probation provider who violates Subsection. (4)(a)
(5) A contract described in Subsectionshall include a description of the fees the private probation provider will charge a defendant who the private probation provider supervises. (2)(h)