Obligations of persons providing assessment and treatment services

(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 26B-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.