Private Probation and Court Ordered Services Amendments, the official text

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