Struck = removed from the bill ·
added = the amendment's new text.
Enrolled Copy S.B.
142 Private Probation and Court Ordered Services Amendments GENERALSenate SESSIONAmendments STATEAmendment OF1 UTAHJanuary Chief22, Sponsor:2026 12:49 PM Senator Jen Plumb proposes the following amendments:
Jen1. Plumb House Sponsor:
AnthonyLine E.75 through 83:
Loubet(iv) 3any LONGother TITLEinformation Generalrelated Description:to the provision of private probation that:
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 S.B.
142 Enrolled Copy 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;
- 2 - Enrolled Copy S.B.
142 (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:
1320d et seq.;[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} (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 {.} ;
(a)- provide1 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 - 3 - S.B.
142 Enrolled Copy 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.
- 4 -