Title 7 — Title 7 — Criminal Procedure
23 chapters · 512 sections in this title.
W.S. § 7-9-101 (a) Definitions
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(a) Definitions. As used in this chapter: (i) "Criminal activity" means any crime for which there is a plea of guilty, nolo contendere or verdict of guilty upon which a judgment of conviction may be rendered and includes any other crime which is admitted by the defendant, whether…
W.S. § 7-9-102 Order to pay upon conviction
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Order to pay upon conviction. In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds…
W.S. § 7-9-103 Determination of amount owed; execution
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Determination of amount owed; execution. (a) As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim. (b) In eve…
W.S. § 7-9-104 Preparation of plan; contents
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Preparation of plan; contents. (a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in coope…
W.S. § 7-9-105 modification
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modification. Submission of plan to court; approval or The defendant's plan of restitution and the comments of the probation and parole officer or any other person directed by the court to assist in the preparation of the restitution plan shall be submitted promptly to the court.…
W.S. § 7-9-106 Factors considered by probation and parole officer, and by court
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Factors considered by probation and parole officer, and by court. (a) The probation and parole officer or other person directed by the court when assisting the defendant in preparing the plan of restitution, and the court before approving or modifying the plan of restitution, sha…
W.S. § 7-9-107 Other appropriate factors
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Other appropriate factors. Notice to victims. (a) The probation and parole officer or other person directed by the court to assist in preparation of the restitution plan shall attempt to determine the name and address of each victim and the amount of his pecuniary damages and may…
W.S. § 7-9-108 Compliance with plan as condition of probation or suspension; payments to clerk
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Compliance with plan as condition of probation or suspension; payments to clerk. (a) Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. (b) Restitution payments by the defendant shall be ma…
W.S. § 7-9-109 plan
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plan. Failure to comply; modification or extension of Failure of the defendant to comply with W.S. 7-9-104 or to comply with the plan of restitution as approved or modified by the court is a violation of the conditions of probation. If the probation period has expired, the restit…
W.S. § 7-9-110 Civil action
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Civil action. (a) Proceedings, orders and judgments under W.S. 7-9-101 through 7-9-115 shall not estop, limit or impair the rights of victims to sue and recover damages from the defendant in a separate civil action. Any restitution payment by the defendant to a victim shall be se…
W.S. § 7-9-111 remedy
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remedy. Limitations on duty of prosecutor; victim's Except as provided by W.S. 7-9-103(a), the prosecuting attorney has no obligation to investigate alleged pecuniary damages or to petition the court for restitution on behalf of a victim. In the event that the victim is not satis…
W.S. § 7-9-112 Check fraud
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Check fraud. Notwithstanding any other provision of this chapter, the sentencing court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check in addition to any other punishment imposed under W.S. 6-…
W.S. § 7-9-113 Restitution for long-term care
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Restitution for long-term care. (a) In addition to any other punishment prescribed by law and any restitution ordered pursuant to W.S. 7-9-102 which did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendan…
W.S. § 7-9-114 Determination of long-term restitution; time for order; enforcement
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Determination of long-term restitution; time for order; enforcement. (a) In determining the amount of restitution to be ordered for long-term physical health care, the court shall consider the factors stated in W.S. 7-9-106 together with an estimated monthly cost of long-term phy…
W.S. § 7-9-115 Modification of order
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Modification of order. After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments. Any modificatio…