(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.
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