Title 7, Title 7 — Criminal Procedure

Sentencing of minors to boys' school upon first conviction of felony; term; parole. (a) Upon his first conviction of a felony, any male offender under the age of eighteen (18) years may be sentenced to imprisonment in the Wyoming boys' school. (b) In imposing a sentence under thi…

Notice of sentence; transportation to institution; maintenance of prisoner in county jail. (a) If a person is sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution, the sheriff shall notify the department of correct…

Record of prisoners. The department of corrections shall keep a complete record of the background and current status of all prisoners sentenced and confined in any state penal institution. The administrator of the institution where a prisoner is incarcerated, the division of crim…

Certificate of restoration of rights; procedure for restoration in general; procedure for restoration of voting rights for nonviolent felonies; filing requirements. (a) Subject to subsections (h) and (j) of this section, upon receipt of a written application, the governor may iss…

Transfer of citizen or national of foreign country. The governor may act on behalf of the state to consent to the transfer of a citizen or national of a foreign country pursuant to a treaty between the United States and the foreign country of which the person is a citizen or nati…

Split sentence of incarceration in county jail followed by probation; civil liability of county officers and employees. (a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impo…

Sentence to custody of department of corrections. (a) Unless otherwise specifically provided by statute, any person convicted of a felony and sentenced to a term of imprisonment shall be sentenced to the custody and control of the department of corrections to be incarcerated in a…

Payment of jail costs by inmate. (a) In addition to any other punishment prescribed by law, the sentencing court may require a person sentenced to confinement in county jail, for any offense, to pay the jail facility the costs of room and board for each day of incarceration, both…

Maximum and minimum term. Except where a term of life is required by law, or as otherwise provided by W.S. 7-13-101, when a person is sentenced for the commission of a felony, the court imposing the sentence shall not fix a definite term of imprisonment but shall establish a maxi…

Placing person found guilty, but not convicted, on probation. (a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31-5-233 or …

Placing person convicted on probation; suspension of imposition or execution of sentence; imposition of fine; maximum length of probation term. (a) After conviction, plea of no contest or plea of guilty for any offense, except crimes punishable by death or life imprisonment, and …

Investigation preceding probation or suspension of sentence. (a) When directed by the court, the district attorney, a probation and parole agent as defined in W.S. 7-13-401 or, in the case of a minor, a counselor as defined by W.S. 5-3-501(a)(ii) or the department of family servi…

Imposition or modification of conditions; performance of work by defendant. (a) The court may impose, and at any time modify, any condition of probation or suspension of sentence. The court may not impose new custodial restrictions on liberty unless in response to a compliance vi…

Determination, continuance or extension; revocation proceedings. (a) The period of probation or suspension of sentence under W.S. 7-13-302 shall be determined by the court and may be reduced, continued or extended. Any term of probation including any continuations or extensions s…

Payment of fine in installments. When imposing a fine and also placing the defendant on probation, the district judge may permit the fine to be paid in installments over a reasonable period of time.

Expungement of criminal record. Nothing in W.S. 7-13-301 through 7-13-306 shall be construed to authorize the court to expunge the record of a person charged with or convicted of a criminal offense.

Definitions; creation of board; officers; compensation; hearing panels; meetings. (a) As used in W.S. 7-13-401 through 7-13-424: (i) "Board" means the state board of parole; (ii) "Conditional release" means any form of release by an institution or by a court, other than parole or…

General powers and duties of board; eligibility for parole; immunity. (a) The board may grant a parole to any person imprisoned in any institution under sentence, except a sentence of life imprisonment without parole or a life sentence, ordered by any district court of this state…

Custody of parolee; return upon violation. (a) A parolee is in the legal custody and under the control of the board and may be returned to the custody of the department for violation of a condition of his parole. (b) Unless otherwise ordered by the board or when the parole violat…

Computing remainder of sentence for parole violator. In computing the remainder of the sentence to be served by a parole violator, credit shall be awarded toward his original sentence for any portion of the time that the person has not violated a condition of parole between his r…

Field services administrator; hiring of agents. (a) The department has general supervisory authority over state parolees and over probationers for whom the sentencing court requests supervision under W.S. 7-13-410. (b) The director shall appoint a field services administrator. Th…

Offices. Offices for probation and parole agents shall be maintained throughout the state as determined by the department.

Duties of probation and parole agents. (a) Under direction and supervision of the director, probation and parole agents shall: (i) Except as otherwise directed by the director, devote full time to the performance of their duties in carrying out the provisions of W.S. 5-12-101 thr…

Probation, parole and conditional release administrative jail or adult community correction program sanction and revocation hearing procedures. (a) The probation and parole agent shall notify the department and the board or the appropriate court if it is determined consideration …

Disclosure of information and data. All information and data obtained in the discharge of official duties by probation and parole agents is privileged information and shall not be disclosed directly or indirectly to anyone other than to the judge, the department or to others enti…

Notice of probation order; request for probation supervision or report. (a) The clerk of the court granting probation to a person convicted of a crime shall send a certified copy of the order to the department of corrections or, in the case of a juvenile, to the department of fam…

Apprehension of violators. (a) A probation and parole agent may, in the performance of his duties: (i) Repealed By Laws 2011, Ch. 30, § 2. (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Request a peace officer to arrest without warrant any probationer or parolee if the probation …

Selection, training and powers of local volunteer; compensation. (a) In order to further the objectives of W.S. 7-13-401 through 7-13-424, the field services administrator may select, organize and train local volunteer citizens who, acting under his supervision, may: (i) Advise a…

Limitations on powers of volunteers. Volunteers do not have power of arrest nor the right to execute criminal process.

Good time allowances. (a) The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which …

Restitution as condition of parole. (a) Repealed By Laws 2011, Ch. 30, § 2. (b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which cas…

Short title. This act may be cited as "The Interstate Compact for Adult Offender Supervision."

Compact provisions generally. The interstate compact for the supervision of adult offenders as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows. Article I …

Medical parole; conditions. (a) Notwithstanding any other provision of law restricting the grant of parole, except for inmates sentenced to death or life imprisonment without parole, the board may grant a medical parole to any inmate meeting the conditions specified in this secti…

Power of court to allow; confinement when not working. As a condition of probation in any misdemeanor case, or as a condition of probation granted under W.S. 7-13-107(b)(ii), the sentencing court may allow an employed defendant to continue to work at his employment and provide th…

Work arrangement in another county. The court may by order authorize the sheriff of the county in which probation is granted to arrange with another sheriff for the defendant granted probation under W.S. 7-13-501 to work at his employment in the other county, and to be confined i…

Persons committed for contempt of court. A person committed to the county jail for contempt of court may be granted probation to continue his employment as provided by W.S. 7-13-501.

Definitions; establishment of programs. (a) As used in this section: (i) "Department" means the state department of corrections; (ii) "Compassionate leave" means a temporary release to visit a member of the inmate's immediate family who is in danger of death, or to attend the fun…

Escape. An inmate is deemed guilty of escape from official detention and shall be punished as provided by W.S. 6-5-206(a)(i) if, without proper authorization, he fails to remain within the extended limits of his confinement, the location he has been furloughed to, or fails or neg…

Application for reprieve; conditions; acceptance and filing. (a) An application for a reprieve shall be made to the governor and shall contain: (i) The name of the person seeking the reprieve; (ii) The offense for which he was convicted; (iii) The date and place of the conviction…

Confinement of reprieved persons. The governor may require as a condition of the reprieve that the person reprieved be confined in a state penal institution during the period of the reprieve.

Manner of applying for pardon. Application for the pardon of any person convicted of a felony shall be made in the manner and under the restrictions prescribed in W.S. 7-13-803 through 7-13-806.

Contents of application for pardon; notice to district attorney. (a) A person convicted of a felony may apply to the governor for a pardon. The application shall contain: (i) The name of the person seeking the pardon; (ii) The offense for which he was convicted; (iii) The date an…

Statement of district attorney following notice of pardon application. Within ten (10) days after receiving the notice required by W.S. 7-13-804(b), the district attorney for the county in which the applicant was indicted or informed against shall forward to the governor a statem…

Certification that applicant for pardon in danger of death. When a physician certifies to the governor that the applicant for pardon is in imminent danger of death and the department of corrections recommends to the governor that the person be pardoned, the requirements of W.S. 7…

Commutation of death sentences. Pursuant to article 3, section 53 of the Wyoming constitution, a death sentence may be commuted to a sentence of life imprisonment without parole but that sentence shall not be subject to further commutation.

Notice that convict lacks requisite mental capacity. (a) As used in W.S. 7-13-901 through 7-13-903: (i) "Court" means the district court which has sentenced a convict to punishment of death; (ii) "Designated examiner" means a licensed psychiatrist or the combination of a licensed…

Examination of convict to determine mental capacity; hearing; finding of court. (a) If the court finds from the notice in W.S. 7-13-901(b) that there is reasonable cause to believe that the convict does not have the requisite mental capacity, the court shall stay the execution an…

Suspension of execution of convict lacking requisite mental capacity; periodic reexaminations; subsequent proceedings. (a) If the court finds that the convict does not have the requisite mental capacity, the judge shall suspend the execution of the convict. Thereafter a designate…

Method of execution. (a) When sentence of death is imposed by the court in any criminal case, the punishment of death shall be executed by the administration of a continuous intravenous injection of a lethal quantity of an ultra-short-acting barbiturate, alone or in combination w…