(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.