Utah Code 58-50-2. Definitions
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In addition to the definitions in Section 58-1-102, as used in this chapter:
Terms Used In Utah Code 58-50-2
- Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
- Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) “Court” means the particular court that orders probation in a case.
(3) “Private probation” means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii).
(4)
(4)(a) “Private probation provider” means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations.
(4)(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 further defined by rule includes:
(5)(a) failure to disclose any financial or personal interest or prior relationship with parties that affects the private probation provider’s impartiality or otherwise constitutes a conflict of interest;
(5)(b) providing contract probation services when any financial or personal interest or prior relationship with parties affects the private probation provider’s impartiality or otherwise constitutes an actual conflict of interest;
(5)(c) failure to clearly define to the offender the services provided by the private probation provider, the rules of conduct, the criteria used, and the fees charged;
(5)(d) failure to provide adequate supervision, or supervision as ordered by the court, as determined by the division in collaboration with the board; and
(5)(e) failure to comply with the standards specified in Section 58-50-9.