H.B. 306

1

PRIVATE PROBATION PROVIDER
2 AMENDMENT
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lorie D. Fowlke
6 Senate Sponsor: David L. Thomas
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Private Probation Provider Licensing Act regarding
11 unprofessional conduct.
12 Highlighted Provisions:
13 This bill:
14 . amends the definition of professional conduct for private probation providers
15 regarding interests that may affect impartiality or constitute a conflict of interest to
16 provide that the conflict of interest must be an actual conflict of interest.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-50-2, as last amended by Chapter 297, Laws of Utah 1993
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-50-2 is amended to read:
27 58-50-2. Definitions.

28 In addition to the definitions in Section 58-1-102 , as used in this chapter:
29 (1) "Board" means the Private Probation Provider Licensing Board created in Section
30 58-50-3 .
31 (2) "Court" means the particular court which orders probation in a case.
32 (3) "Private probation" means the preparation of presentence investigation reports and
33 the performance of supervision services by a private probation provider and funded by a
34 court-ordered fee, to be paid by the defendant, pursuant to Section 77-18-1 .
35 (4) (a) "Private probation provider" means any private individual preparing presentence
36 investigation reports or providing probation supervision pursuant to court order under Section
37 77-18-1 and who is licensed under this chapter, [provided that] and whose services are limited
38 to minor offenses and misdemeanor violations.
39 (b) A private probation provider does not have the authority of a peace officer.
40 (5) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
41 defined by rule includes:
42 (a) failure to disclose any financial or personal interest or prior relationship with parties
43 that might affect the private probation provider's impartiality or otherwise constitute a conflict
44 of interest;
45 (b) providing contract probation services when any financial or personal interest or
46 prior relationship with parties might affect the private probation provider's impartiality or
47 otherwise constitute [a] an actual conflict of interest;
48 (c) failure to clearly define to the offender the services provided by the private
49 probation provider, the rules of conduct, the criteria used, and the fees charged;
50 (d) failure to provide adequate supervision, or supervision as ordered by the court, as
51 determined by the division in collaboration with the board; and
52 (e) failure to comply with the standards specified in Section 58-50-9 .

Legislative Review Note
as of 12-6-05 11:04 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel