As in effect on November 1, 2008
These rules are known as the "Private Probation Provider Licensing Act Rules".
In addition to the definitions in Title 58, Chapters 1 and 50, as used in Title 58, Chapter 50 or these rules:
(1) "Direct supervision of staff" means that the licensee is responsible to direct and control the activities of employees, subordinates, assistants, clerks, contractors, etc., and shall review, approve and sign off on all staff duties and responsibilities. Members of staff shall not engage in those duties and functions performed exclusively by the licensee as defined under R156-50-603.
(2) "Probation agreement" means the court order which outlines the terms and conditions the probationer shall comply with during the time period of probation.
(3) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 50, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-50-502.
These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 50.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1- 107.
In accordance with Subsections 58-1-203(2) and 58-1-301(3), the education and equivalent training requirements for licensure in Subsection 58-50-5(1) are defined, established and defined as follows:
(1) The baccalaureate degree shall include major study in social work, sociology, psychology, counseling, law enforcement, criminal justice, corrections or other related fields.
(2) The equivalent training shall consist of four years of full-time paid employment in private probation, social work, psychology, counseling, law enforcement, criminal practice, corrections or other related fields.
(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 50 is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
(1) In accordance with Subsections 58-1-203(7) and 58-1-308(3)(b) and the continuing education requirement for renewal of licensure in Subsection 58-50-6(2), each person holding a license shall complete 40 hours of qualified continuing professional education (CPE) every two years.
(2) Those persons who become licensed during the renewal period shall be required to complete a total number of CPE hours based upon a formula of five hours of CPE for each of the remaining quarters in the renewal period.
(3) Programs will generally qualify for CPE if the program is related to probation, social work, psychology, counseling, law enforcement, criminal practice, correction or other related fields and if the program will enhance professional development.
(4) Training provided by the licensee for staff will not qualify.
(5) It is the responsibility of the licensee to obtain qualifying CPE and document the CPE on forms supplied by the Division.
(6) The Division may perform random audits to determine compliance with CPE.
"Unprofessional conduct" includes the following:
(1) failing to comply with the continuing professional education requirement of Section R156-50- 304;
(2) failing to comply with the operating standards required for a presentence report;
(3) failing to properly supervise the offender as set forth in the probation agreement;
(4) failing to disclose any potential conflict of interest relating to supervision of an offender as set forth in Subsection 58-50-2(5), including, but not limited to the following circumstances:
(a) simultaneously providing mental health therapy services and private probation services to the same offender;
(b) simultaneously providing education and/or rehabilitation services and private probation services to the same offender; or
(c) while providing private probation services to an offender, also providing any other service to the offender for which the licensee receives compensation;
(5) accepting any amount of money or gratuity from an offender other than that fee which is set forth in the probation agreement; or
(6) failing to report any violation of the probation agreement.
In accordance with Subsection 58-50-9(5), the private probation services standards concerning probation supervision are established and defined as follows:
(1) The private probation provider shall perform the following minimum services for each offender who is referred by the court:
(a) conduct an initial interview/assessment with each offender and establish a plan of supervision which shall be known as the case plan;
(b) review the court ordered agreement with each offender and have the offender sign the probation agreement;
(c) review with each offender the court ordered payment contract which shall provide for the collection and distribution of fines and restitution payments, and fees for services performed by the licensee;
(d) after the initial assessment, conduct a personal interview with each offender in accordance with the case plan not less than once each month and as many additional times as necessary to determine that the offender is in compliance with the probation agreement; and
(e) submit written reports as required by the probation agreement.
(2) The private probation provider shall maintain and make available for inspection a current list of fees for services to be charged to the offender which shall be reviewed and approved by the court.
(3) The private probation provider shall be required to report to the court within two working days any new known criminal law violations committed by the offender or report any failure to comply with the terms and conditions of the probation agreement including payment of fines, restitution and fees.
(4) The private probation provider shall notify in writing the sentencing court and the office of the prosecuting attorney not less than ten working days prior to the date of termination of any supervised probation. The notification shall include a report outlining the probationer's compliance with terms and conditions of the probation agreement including payment of any fines, restitution and fees.
In accordance with Subsection 58-50-9(5), the private probation services standards concerning preparing presentence investigative reports are established and defined as follows:
(1) The private probation provider shall gather the following relevant information, if applicable:
(a) juvenile arrest and disposition records;
(b) adult arrest and disposition records;
(c) county attorney or city prosecutor file information;
(d) arresting officer's report;
(e) victim impact statement;
(f) driving history record;
(g) blood/breath alcohol content test results;
(h) treatment evaluations; and
(i) medical reports.
(2) The private probation provider shall conduct interviews with the following:
(a) the defendant;
(b) the victim, and
(c) the following when relevant and available:
(i) family;
(ii) friends;
(iii) school;
(iv) employers;
(v) military; and
(vi) past and present treatment providers.
(3) The private probation provider shall recommend restitution, when appropriate;
(4) The private probation provider shall refer to outside agencies, when appropriate, for additional evaluation;
(5) The private probation provider shall develop recommendations based upon a risk/needs assessment; and
(6) The private probation provider shall complete and submit the report to the court within not less than 24 hours prior to sentencing.
(1) In accordance with Subsection 58-50-9(5), the duties and responsibilities of the private probation provider shall include the following:
(a) review, approve and sign all reports required under this chapter or ordered by the court;
(b) conduct the initial interview/assessment with each offender;
(c) conduct at least one personal interview with each offender each month;
(d) conduct all interviews required in the preparation of the presentence report.
(2) The duties and responsibilities of the staff under direct supervision of the private probation provider include the following:
(a) assist in the gathering of information and the preparation of reports;
(b) perform other monthly interviews;
(c) contact offenders by telephone or in person to determine compliance with the case plan;
(d) collect fines, restitutions and fees for services; and
(e) other clerical duties as assigned by the licensee.
In accordance with Subsection 58-50-9(5), private probation providers shall distribute court ordered fines and restitutions and private probation service fees which are collected by the private probation provider at least every month in equal proportions to the court, the victim, the licensee and any other parties ordered by the court until each party entitled to the monies are paid in full as determined by the court order and case plan.
licensing, probation, private probation provider
January 18, 2005
March 13, 2006
58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)
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