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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to persons providing certain services to criminal
11 defendants.
12 Highlighted Provisions:
13 This bill:
14 ▸ prohibits private probation providers and other court ordered service providers from
15 soliciting clients on court property, with some exceptions;
16 ▸ requires a criminal justice coordinating council to prepare a list of private probation
17 providers;
18 ▸ requires a court that orders probation to make available to a defendant a list of
19 private probation providers under certain circumstances;
20 ▸ requires assessors to provide a list of licensed providers of required treatment and
21 services, with some exceptions;
22 ▸ requires private probation providers to notify the court if the private probation
23 provider is providing supervision services to a defendant;
24 ▸ prohibits a private probation provider from simultaneously providing other services
25 except in certain circumstances;
26 ▸ defines terms; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 17-55-201, as enacted by Laws of Utah 2022, Chapter 187
35 58-50-9, as last amended by Laws of Utah 2022, Chapter 115
36 77-18-105, as last amended by Laws of Utah 2022, Chapters 115, 359
37 ENACTS:
38 62A-2-129, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 17-55-201 is amended to read:
42 17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
43 Reporting requirements.
44 (1) (a) Beginning January 1, 2023, a county shall:
45 (i) create a criminal justice coordinating council; or
46 (ii) jointly with another county or counties, create a criminal justice coordinating
47 council.
48 (b) The purpose of a council is to coordinate and improve components of the criminal
49 justice system in the county or counties.
50 (2) (a) A council shall include:
51 (i) one county commissioner or county council member;
52 (ii) the county sheriff or the sheriff's designee;
53 (iii) one chief of police of a municipality within the county or the chief's designee;
54 (iv) the county attorney or the attorney's designee;
55 (v) one public defender or attorney who provides public defense within the county;
56 (vi) one district court judge;
57 (vii) one justice court judge;
58 (viii) one representative from the Division of Adult Probation and Parole within the
59 Department of Corrections;
60 (ix) one representative from the local mental health authority within the county; and
61 (x) one individual who is:
62 (A) a crime victim; or
63 (B) a victim advocate, as defined in Section 77-38-403.
64 (b) A council may include:
65 (i) an individual representing:
66 (A) local government;
67 (B) human services programs;
68 (C) higher education;
69 (D) peer support services;
70 (E) workforce services;
71 (F) local housing services;
72 (G) mental health or substance use disorder providers;
73 (H) a health care organization within the county;
74 (I) a local homeless council;
75 (J) family counseling and support groups; or
76 (K) organizations that work with families of incarcerated individuals; or
77 (ii) an individual with lived experiences in the criminal justice system.
78 (3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.
79 (4) (a) A council shall develop and implement a strategic plan for the county's or
80 counties' criminal justice system that includes:
81 (i) mapping of all systems, resources, assets, and services within the county's or
82 counties' criminal justice system;
83 (ii) a plan for data sharing across the county's or counties' criminal justice system;
84 (iii) recidivism reduction objectives; and
85 (iv) community reintegration goals.
86 (b) The commission may assist a council in the development of a strategic plan.
87 (5) As part of the council's duties described in Subsection (4)(a)(i), the council shall
88 prepare a list of private probation providers for a court to provide to defendants as described in
89 Section 77-18-105.
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91 the commission regarding:
92 (a) the implementation of a strategic plan described in Subsection (4); and
93 (b) any data on the impact of the council on the criminal justice system in the county or
94 counties.
95 Section 2. Section 58-50-9 is amended to read:
96 58-50-9. Standards of conduct for private probation providers -- Contracts --
97 Reports.
98 (1) As used in this section, "licensee" means the same as that term is defined in Section
99 62A-2-101.
100 (2) The private probation provider:
101 (a) shall maintain impartiality toward all parties;
102 (b) shall ensure that all parties understand the nature of the process, the procedure, the
103 particular role of the private probation provider, and the parties' relationship to the private
104 probation provider;
105 (c) shall maintain confidentiality or, in cases where confidentiality is not protected, the
106 private probation provider shall so advise the parties;
107 (d) shall:
108 (i) disclose any circumstance that may create or give the appearance of a conflict of
109 interest and any circumstance that may reasonably raise a question as to the private probation
110 provider's impartiality; and
111 (ii) if the contract probation supervisor perceives or believes a conflict of interest to
112 exist, the contract probation supervisor shall refrain from entering into those probation
113 services;
114 (e) shall adhere to the standards regarding private probation services adopted by the
115 licensing board;
116 (f) shall:
117 (i) comply with orders of court and perform services as directed by judges in individual
118 cases; and
119 (ii) notify the court that the private probation provider is providing supervision services
120 to a defendant;
121 (g) shall perform duties established under Section 77-18-105, as ordered by the court;
122 (h) beginning July 1, 2022, may not provide private probation in a county where an
123 agency of local government provides probation services unless the private probation provider
124 has entered into a contract with the agency of local government; [
125 (i) shall provide a report each month to each county sheriff where the private probation
126 provider provides private probation identifying:
127 (i) each individual currently supervised in the county by the private probation provider;
128 (ii) the crimes each individual supervised committed;
129 (iii) the level of supervision that is being provided for each individual; and
130 (iv) any other information related to the provision of private probation that the county
131 sheriff determines is relevant[
132 (j) may not solicit defendants as supervision clients on any property that operates as a
133 court of justice as described in Section 78A-1-101.
134 (3) If, after conducting a screening of a defendant's risk and needs, a private probation
135 provider determines that a defendant requires a specific assessment, treatment, or other
136 services, the private probation provider shall:
137 (a) provide the defendant a list of all available licensees that provide the assessment,
138 treatment, or other services; and
139 (b) permit the defendant to select a licensee described in Subsection (3)(a) with which
140 to complete the required assessment, treatment, or other services.
141 (4) (a) Except as provided in Subsection (4)(b), a private probation provider that is a
142 licensee may not simultaneously provide to a defendant private probation services and other
143 services for which the private probation provider receives compensation, including:
144 (i) mental health therapy services;
145 (ii) education services; or
146 (iii) rehabilitation services.
147 (b) A private probation provider that is a licensee may simultaneously provide private
148 probation services and other services as described in Subsection (4)(a) if:
149 (i) no other licensees that provide the services are located within 50 miles of the
150 defendant's residence; and
151 (ii) the private probation provider obtains the defendant's written informed consent.
152 (c) The written informed consent described in Subsection (4)(b) shall include:
153 (i) a description of the services other than private probation services the private
154 probation provider will provide;
155 (ii) a separate paragraph describing how the defendant can withdraw consent;
156 (iii) a separate paragraph describing grievance procedures, including how to contact
157 and file a complaint with the division's investigation office; and
158 (iv) a separate paragraph informing the defendant of the potential conflict of interest.
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160 of the fees the private probation provider will charge a defendant who is supervised by the
161 private probation provider.
162 Section 3. Section 62A-2-129 is enacted to read:
163 62A-2-129. Obligations of persons providing assessment and treatment services.
164 (1) As used in this section:
165 (a) "Assessor" means a licensee that provides an assessment as ordered by a court in a
166 criminal case.
167 (b) "Criminal case" means a case in which a court of justice described in Section
168 78A-1-101 has ordered an individual to comply with certain terms and conditions of probation
169 related to a criminal offense.
170 (c) "Licensee" means the same as that term is defined in Section 62A-2-101.
171 (2) (a) Except as provided in Subsection (4), an assessor that determines that the
172 individual requires specific treatment shall:
173 (i) provide the individual a list of all available licensees that provide the treatment; and
174 (ii) permit the individual to select a licensee described in Subsection (2)(a)(i) with
175 which to complete the treatment.
176 (b) The list described in Subsection (2)(a)(i) may include the assessor, if the assessor is
177 a licensee that provides the required treatment described in Subsection (2)(a).
178 (3) Except as provided in Subsection (4), an assessor or other licensee may not solicit
179 defendants as clients on any property that operates as a court of justice as described in Section
180 78A-1-101.
181 (4) An assessor that performs services for a problem-solving court approved by the
182 Judicial Council is not required to comply with this section.
183 Section 4. Section 77-18-105 is amended to read:
184 77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
185 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
186 supervision for payments on criminal accounts receivable.
187 (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
188 abeyance agreement, the court may hold the plea in abeyance:
189 (a) in accordance with Chapter 2a, Pleas in Abeyance; and
190 (b) under the terms of the plea in abeyance agreement.
191 (2) If a defendant is convicted, the court:
192 (a) shall impose a sentence in accordance with Section 76-3-201; and
193 (b) subject to Subsection (5), may suspend the execution of the sentence and place the
194 defendant:
195 (i) on probation under the supervision of the department;
196 (ii) on probation under the supervision of an agency of a local government or a private
197 organization; or
198 (iii) on court probation under the jurisdiction of the sentencing court.
199 (3) (a) The legal custody of all probationers under the supervision of the department is
200 with the department.
201 (b) The legal custody of all probationers under the jurisdiction of the sentencing court
202 is vested as ordered by the court.
203 (c) The court has continuing jurisdiction over all probationers.
204 (4) (a) Court probation may include an administrative level of services, including
205 notification to the sentencing court of scheduled periodic reviews of the probationer's
206 compliance with conditions.
207 (b) Supervised probation services provided by the department, an agency of a local
208 government, or a private organization shall specifically address the defendant's risk of
209 reoffending as identified by a screening or an assessment.
210 (c) If a court orders supervised probation and determines that a public probation
211 provider is unavailable or inappropriate to supervise the defendant, the court shall make
212 available to the defendant the list of private probation providers prepared by a criminal justice
213 coordinating council under Section 17-55-201.
214 (5) (a) Before ordering supervised probation, the court shall consider the supervision
215 costs to the defendant for each entity that can supervise the defendant.
216 (b) (i) A court may order an agency of a local government to supervise the probation
217 for an individual convicted of any crime if:
218 (A) the agency has the capacity to supervise the individual; and
219 (B) the individual's supervision needs will be met by the agency.
220 (ii) A court may only order:
221 (A) the department to supervise the probation for an individual convicted of a class A
222 misdemeanor or any felony; or
223 (B) a private organization to supervise the probation for an individual convicted of a
224 class A, B, or C misdemeanor or an infraction.
225 (c) A court may not order a specific private organization to supervise an individual
226 unless there is only one private organization that can provide the specific supervision services
227 required to meet the individual's supervision needs.
228 (6) (a) If a defendant is placed on probation, the court may order the defendant as a
229 condition of the defendant's probation:
230 (i) to provide for the support of persons for whose support the defendant is legally
231 liable;
232 (ii) to participate in available treatment programs, including any treatment program in
233 which the defendant is currently participating if the program is acceptable to the court;
234 (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
235 Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
236 (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
237 initial condition of probation that does not exceed one year in a county jail designated by the
238 department, after considering any recommendation by the court as to which jail the court finds
239 most appropriate;
240 (v) to serve a term of home confinement in accordance with Section 77-18-107;
241 (vi) to participate in compensatory service programs, including the compensatory
242 service program described in Section 76-6-107.1;
243 (vii) to pay for the costs of investigation, probation, or treatment services;
244 (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
245 Victims Restitution Act; or
246 (ix) to comply with other terms and conditions the court considers appropriate to
247 ensure public safety or increase a defendant's likelihood of success on probation.
248 (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
249 defendant to include a period of time that is served in a county jail immediately before the
250 termination of probation as long as that period of time does not exceed one year.
251 (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
252 violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
253 to the period of time that the court orders the defendant to serve in a county jail under this
254 Subsection (6)(b)(ii).
255 (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
256 probation after December 31, 2018:
257 (i) may not exceed the individual's maximum sentence;
258 (ii) shall be for a period of time that is in accordance with the supervision length
259 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
260 extent the guidelines are consistent with the requirements of the law; and
261 (iii) shall be terminated in accordance with the supervision length guidelines
262 established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
263 guidelines are consistent with the requirements of the law.
264 (b) Probation of an individual placed on probation after December 31, 2018, whose
265 maximum sentence is one year or less, may not exceed 36 months.
266 (c) Probation of an individual placed on probation on or after October 1, 2015, but
267 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
268 completion without violation of 36 months probation in felony or class A misdemeanor cases,
269 12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
270 with Section 64-13-21 regarding earned credits.
271 (d) This Subsection (7) does not apply to the probation of an individual convicted of an
272 offense for criminal nonsupport under Section 76-7-201.
273 (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
274 accounts receivable for the defendant upon termination of the probation period for the
275 defendant under Subsection (7), the court may require the defendant to continue to make
276 payments towards the criminal accounts receivable in accordance with the payment schedule
277 established by the court under Section 77-32b-103.
278 (b) A court may not require the defendant to make payments as described in Subsection
279 (8)(a) beyond the expiration of the defendant's sentence.
280 (c) If the court requires a defendant to continue to pay in accordance with the payment
281 schedule for the criminal accounts receivable under this Subsection (8) and the defendant
282 defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
283 judgment of restitution and a civil accounts receivable for the defendant as described in Section
284 77-18-114.
285 (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
286 own motion, the court may require a defendant to show cause as to why the defendant's failure
287 to pay in accordance with the payment schedule should not be treated as contempt of court.
288 (ii) A court may hold a defendant in contempt for failure to make payments for a
289 criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
290 (e) This Subsection (8) does not apply to the probation of an individual convicted of an
291 offense for criminal nonsupport under Section 76-7-201.
292 (9) When making any decision regarding probation, the court shall consider
293 information provided by the Department of Corrections regarding a defendant's individual case
294 action plan, including any progress the defendant has made in satisfying the case action plan's
295 completion requirements.