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House passes limits on private probation practices, requires local provider lists

Utah House of Representatives · March 2, 2023
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Summary

The House passed second substitute S.B. 218 to restrict private probation providers from soliciting defendants in justice courts and to require counties to provide lists of licensed providers; the bill passed the House 70-1.

Representative Loubout presented second substitute Senate Bill 218 on March 2, describing measures to curb alleged predatory practices by private probation companies.

The bill directs county criminal justice coordinating councils to provide courts with a list of licensed probation providers in their area; it bars private probation firms from directly soliciting defendants in justice courts. If a private provider determines a defendant needs an assessment or treatment, the provider must supply a list of where that service can be provided rather than delivering the service itself, limiting conflicts of interest. An exception allows a provider to provide services only where no other provider exists within a 50-mile radius.

Sponsor remarks described common scenarios where defendants are signed up on the courthouse steps without access to the closest or most appropriate providers, and emphasized the bill's intent to help clients make informed choices and avoid coercive practices. Representative Loubout said various organizations (CCJJ, USAAV, LELC, SWAMP, ISARA, Recovery Community Center) endorsed the legislation.

There was no extended floor debate; the bill passed the House 70 yes and 1 no and will be signed by the Speaker and returned to the Senate for the President's signature.