Title 7 — Title 7 — Criminal Procedure

Issue an order of expungement. Victim notification. Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the dispositi…

offenses. Rights not waived; refiling of uncharged (a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a w…

Appeal. (a) An order granting or denying a motion for DNA testing filed under W.S. 7-12-303(c) shall not be appealable, but may be subject to review only under a writ of review filed by the movant, the district attorney or the attorney general. The petition for a writ of review m…

Subsequent motions. The court shall not be required to entertain a second or subsequent motion under W.S. 7-12-303(c) on behalf of the same movant, except where there is clear and compelling evidence that the evidence sought to be tested was wrongfully withheld from the movant by…

Consensual testing. Nothing in this act shall be interpreted to prohibit a convicted person and the state from consenting to and conducting postconviction DNA testing without filing a motion under W.S. 7-12-303(c). Notwithstanding any other provision of law governing post-convict…

Short title. This act shall be known and may be cited as the "Post-Conviction Determination of Factual Innocence Act."

(a) Definitions. As used in this act: (i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence; (ii) "Factual innocence" or "factually innocent" means a…

Petition for exoneration based on factual innocence; conduct of proceedings. (a) A person who has been convicted of a felony offense may petition the district court in the county in which the person was convicted for a hearing to establish that the person is factually innocent of…

the court. Service of process; response by state; review by (a) A person filing a petition under this act shall serve notice and a copy of the petition upon the office of the district attorney where the conviction was obtained and upon the Wyoming attorney general. (b) The assign…

Appointment of counsel. The court may appoint counsel for a petitioner upon a determination that the petition is not subject to summary dismissal and the petitioner is needy. Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).

Victim notification. Following any petition filed under W.S. 7-12-403, the district attorney shall make reasonable efforts to provide notice to the victim that the petition has been filed, the time and place for any hearing that may be held as a result of the petition and the dis…

Appeal. An order granting or denying a petition under this act is appealable by either party.

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…

Repealed by Laws 1992, ch. 25, § 4.

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…

country. Transfer of citizen or national of foreign 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…

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…

on probation. Placing person found guilty, but not convicted, (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 …

of sentence. Investigation preceding probation or suspension (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…

violator. Computing remainder of sentence for parole 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 …

Repealed By Laws 2009, Ch. 2, § 1.

Repealed By Laws 2009, Ch. 2, § 1.

Repealed By Laws 2009, Ch. 2, § 1.

Repealed By Laws 2009, Ch. 2, § 1.

Repealed By Laws 2009, Ch. 2, § 1.

Repealed By Laws 2009, Ch. 2, § 1.

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 …

(a) Restitution as condition of parole. 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."