Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 218
               PRIVATE PROBATION AND COURT ORDERED SERVICES
                                          AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                                    Chief Sponsor: Jen Plumb
                              House Sponsor: Anthony E. Loubet
 7
 LONG TITLE
 General Description:
        This bill amends provisions related to persons providing certain services to criminal
 defendants.
 Highlighted Provisions:
        This bill:
        < prohibits private probation providers and other court ordered service providers from
 soliciting clients on court property, with some exceptions;
        < requires a criminal justice coordinating council to prepare a list of private probation
 providers;
        < requires a court that orders probation to make available to a defendant a list of
 private probation providers under certain circumstances;
        < requires assessors to provide a list of licensed providers of required treatment and
 services, with some exceptions;
        < requires private probation providers to notify the court if the private probation
 provider is providing supervision services to a defendant;
        < prohibits a private probation provider from simultaneously providing other services
 except in certain circumstances;
        < defines terms; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
       S.B. 218
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        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        17-55-201, as enacted by Laws of Utah 2022, Chapter 187
        58-50-9, as last amended by Laws of Utah 2022, Chapter 115
        77-18-105, as last amended by Laws of Utah 2022, Chapters 115, 359
 ENACTS:
        62A-2-129, Utah Code Annotated 1953
39
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 17-55-201 is amended to read:
        17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
 Reporting requirements.
        (1) (a) Beginning January 1, 2023, a county shall:
        (i) create a criminal justice coordinating council; or
        (ii) jointly with another county or counties, create a criminal justice coordinating
 council.
        (b) The purpose of a council is to coordinate and improve components of the criminal
 justice system in the county or counties.
        (2) (a) A council shall include:
        (i) one county commissioner or county council member;
        (ii) the county sheriff or the sheriff's designee;
        (iii) one chief of police of a municipality within the county or the chief's designee;
        (iv) the county attorney or the attorney's designee;
        (v) one public defender or attorney who provides public defense within the county;
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        (vi) one district court judge;
        (vii) one justice court judge;
        (viii) one representative from the Division of Adult Probation and Parole within the
 Department of Corrections;
        (ix) one representative from the local mental health authority within the county; and
        (x) one individual who is:
        (A) a crime victim; or
        (B) a victim advocate, as defined in Section 77-38-403.
        (b) A council may include:
        (i) an individual representing:
        (A) local government;
        (B) human services programs;
        (C) higher education;
        (D) peer support services;
        (E) workforce services;
        (F) local housing services;
        (G) mental health or substance use disorder providers;
        (H) a health care organization within the county;
        (I) a local homeless council;
        (J) family counseling and support groups; or
        (K) organizations that work with families of incarcerated individuals; or
        (ii) an individual with lived experiences in the criminal justice system.
        (3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.
        (4) (a) A council shall develop and implement a strategic plan for the county's or
 counties' criminal justice system that includes:
        (i) mapping of all systems, resources, assets, and services within the county's or
 counties' criminal justice system;
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        (ii) a plan for data sharing across the county's or counties' criminal justice system;
        (iii) recidivism reduction objectives; and
        (iv) community reintegration goals.
        (b) The commission may assist a council in the development of a strategic plan.
        (5) As part of the council's duties described in Subsection (4)(a)(i), the council shall
 prepare a list of private probation providers for a court to provide to defendants as described in
 Section 77-18-105.
        [(5)] (6) Before November 30 of each year, a council shall provide a written report to
 the commission regarding:
        (a) the implementation of a strategic plan described in Subsection (4); and
        (b) any data on the impact of the council on the criminal justice system in the county or
 counties.
        Section 2. 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
 62A-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) shall maintain confidentiality or, in cases where confidentiality is not protected, the
 private probation provider shall so advise the parties;
        (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
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 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;
        (e) shall adhere to the standards regarding private probation services adopted by the
 licensing board;
        (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;
        (g) shall perform duties established under Section 77-18-105, as ordered by the court;
        (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; [and]
        (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 the private probation provider;
        (ii) the crimes each individual supervised committed;
        (iii) the level of supervision that is being provided for each individual; and
        (iv) any other information related to the provision of private probation that the county
 sheriff determines is relevant[.]; 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.
        (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:
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        (a) provide the defendant a list of all available licensees that provide the assessment,
 treatment, or other services; and
        (b) permit the defendant to select a licensee described in 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, 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 private
 probation services and other services as described in Subsection (4)(a) if:
        (i) no other licensees that provide the services are 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 the private
 probation provider will 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.
        [(2)] (5) A contract described in Subsection [(1)(h)] (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.
        Section 3. Section 62A-2-129 is enacted to read:
        62A-2-129. Obligations of persons providing assessment and treatment services.
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        (1) As used in this section:
        (a) "Assessor" means a licensee that provides an assessment as ordered by a court in a
 criminal case.
        (b) "Criminal case" means a case in which a court of justice described in Section
 78A-1-101 has ordered an individual to comply with certain terms and conditions of probation
 related to a criminal offense.
        (c) "Licensee" means the same as that term is defined in Section 62A-2-101.
        (2) (a) Except as provided in Subsection (4), an assessor that determines that the
 individual requires specific treatment shall:
        (i) provide the individual a list of all available licensees that provide the treatment; and
        (ii) permit the individual to select a licensee described in Subsection (2)(a)(i) with
 which to complete the treatment.
        (b) The list described in Subsection (2)(a)(i) may include the assessor, if the assessor is
 a licensee that provides the required treatment described in Subsection (2)(a).
        (3) Except as provided in Subsection (4), an assessor or other licensee may not solicit
 defendants as clients on any property that operates as a court of justice as described in Section
 78A-1-101.
        (4) An assessor that performs services for a problem-solving court approved by the
 Judicial Council is not required to comply with this section.
        Section 4. Section 77-18-105 is amended to read:
        77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
 supervision for payments on criminal accounts receivable.
        (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
 abeyance agreement, the court may hold the plea in abeyance:
        (a) in accordance with Chapter 2a, Pleas in Abeyance; and
        (b) under the terms of the plea in abeyance agreement.
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        (2) If a defendant is convicted, the court:
        (a) shall impose a sentence in accordance with Section 76-3-201; and
        (b) subject to Subsection (5), may suspend the execution of the sentence and place the
 defendant:
        (i) on probation under the supervision of the department;
        (ii) on probation under the supervision of an agency of a local government or a private
 organization; or
        (iii) on court probation under the jurisdiction of the sentencing court.
        (3) (a) The legal custody of all probationers under the supervision of the department is
 with the department.
        (b) The legal custody of all probationers under the jurisdiction of the sentencing court
 is vested as ordered by the court.
        (c) The court has continuing jurisdiction over all probationers.
        (4) (a) Court probation may include an administrative level of services, including
 notification to the sentencing court of scheduled periodic reviews of the probationer's
 compliance with conditions.
        (b) Supervised probation services provided by the department, an agency of a local
 government, or a private organization shall specifically address the defendant's risk of
 reoffending as identified by a screening or an assessment.
        (c) If a court orders supervised probation and determines that a public probation
 provider is unavailable or inappropriate to supervise the defendant, the court shall make
 available to the defendant the list of private probation providers prepared by a criminal justice
 coordinating council under Section 17-55-201.
        (5) (a) Before ordering supervised probation, the court shall consider the supervision
 costs to the defendant for each entity that can supervise the defendant.
        (b) (i) A court may order an agency of a local government to supervise the probation
 for an individual convicted of any crime if:
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           (A) the agency has the capacity to supervise the individual; and
           (B) the individual's supervision needs will be met by the agency.
           (ii) A court may only order:
           (A) the department to supervise the probation for an individual convicted of a class A
 misdemeanor or any felony; or
           (B) a private organization to supervise the probation for an individual convicted of a
 class A, B, or C misdemeanor or an infraction.
           (c) A court may not order a specific private organization to supervise an individual
 unless there is only one private organization that can provide the specific supervision services
 required to meet the individual's supervision needs.
           (6) (a) If a defendant is placed on probation, the court may order the defendant as a
 condition of the defendant's probation:
           (i) to provide for the support of persons for whose support the defendant is legally
 liable;
           (ii) to participate in available treatment programs, including any treatment program in
 which the defendant is currently participating if the program is acceptable to the court;
           (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
 Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
           (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
 initial condition of probation that does not exceed one year in a county jail designated by the
 department, after considering any recommendation by the court as to which jail the court finds
 most appropriate;
           (v) to serve a term of home confinement in accordance with Section 77-18-107;
           (vi) to participate in compensatory service programs, including the compensatory
 service program described in Section 76-6-107.1;
           (vii) to pay for the costs of investigation, probation, or treatment services;
           (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
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