58-50-2 - Definitions. - Utah Statutes

58-50-2. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Private Probation Provider Licensing Board created in Section58-50-3.
(2) "Court" means the particular court which orders probation in a case.
(3) "Private probation" means the preparation of presentence investigation reports andthe performance of supervision services by a private probation provider and funded by acourt-ordered fee, to be paid by the defendant, pursuant to Section 77-18-1.
(4) (a) "Private probation provider" means any private individual preparing presentenceinvestigation reports or providing probation supervision pursuant to court order under Section77-18-1 and who is licensed under this chapter, and whose services are limited to minor offensesand misdemeanor violations.
(b) A private probation provider does not have the authority of a peace officer.
(5) "Unprofessional conduct" as defined in Section 58-1-501 and as may be furtherdefined by rule includes:
(a) failure to disclose any financial or personal interest or prior relationship with partiesthat affects the private probation provider's impartiality or otherwise constitutes a conflict ofinterest;
(b) providing contract probation services when any financial or personal interest or priorrelationship with parties affects the private probation provider's impartiality or otherwiseconstitutes an actual conflict of interest;
(c) failure to clearly define to the offender the services provided by the private probationprovider, the rules of conduct, the criteria used, and the fees charged;
(d) failure to provide adequate supervision, or supervision as ordered by the court, asdetermined by the division in collaboration with the board; and
(e) failure to comply with the standards specified in Section 58-50-9.

Amended by Chapter 196, 2006 General Session