Title 7, Title 7 — Criminal Procedure

Disposition of body. The body of any prisoner who has been executed shall be decently buried at the expense of the state, unless the body is claimed by any relative or friend in which case the body may be delivered to the relative or friend for the purpose of burial.

Identity of person aiding execution; confidentiality. The identities of all persons who participate in the execution of a death sentence as a member of the execution team or by supplying or manufacturing the equipment and substances used for the execution are confidential. Disclo…

Definitions. (a) As used in this article: (i) "Department" means the department of corrections; (ii) "Peer specialists" means long-term inmates who have completed certified training and been selected and assigned by the department to provide positive guided peer support to offend…

Sentence reduction for youthful offenders. (a) The sentencing court may reduce the sentence of any convicted felon who: (i) Is recommended by the sentencing court for placement in the youthful offender transition program; (ii) Is certified by the department as having successfully…

Establishment of program; eligibility; rulemaking authority. (a) The department shall adopt reasonable rules and regulations to establish a youthful offender transition program for inmates incarcerated in a state penal institution. (b) In addition to any other eligibility require…

Definitions. (a) As used in this article: (i) "Department" means the department of corrections; (ii) "Intensive supervision program" means a program established under W.S. 7-13-1102 which allows participants to live or work in the community under close supervision methods; (iii) …

Authority to establish programs; rulemaking authority. (a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for probationers and parolees. (b) An intensive supervision program established under this article may r…

Program participation not a matter of right. (a) Participation in a program authorized by this article is a matter of grace and not of right. (b) No person shall be allowed to participate in a program authorized by this article unless the person agrees in writing to abide by all …

Program participation as a condition of parole. (a) Except as provided in subsection (b) of this section, the state board of parole may, as a condition of parole, require a parolee who is assessed through a validated risk-need assessment as a high risk for reoffending or violatin…

Placement of probationer in program by sentencing court. (a) A sentencing court may, as a condition of probation, order that a defendant who has entered a plea of guilty or nolo contendere to or has been convicted of a felony, or any offense defined by subsection (c) of this sect…

Administrative rewards and sanctions for program violations. (a) Repealed by Laws 2019, ch. 116, § 3. (b) Repealed by Laws 2019, ch. 116, § 3. (c) Repealed by Laws 2019, ch. 116, § 3. (d) Repealed by Laws 2019, ch. 116, § 3. (e) Probationers and parolees who violate the rules and…

Short title. This act shall be known and may be cited as the "Wyoming Teen Court Program".

Definitions. (a) As used in this act: (i) "Minor offense" means any crime punishable as a misdemeanor or the violation of any municipal ordinance, provided the maximum penalty authorized by law for the offense does not exceed imprisonment for more than six (6) months and a fine o…

Authority to establish teen court program. (a) The Wyoming supreme court shall adopt rules and regulations governing teen court by July 1, 1996. (b) In addition to any other power authorized, a municipal court judge, with the approval and consent of the governing body of the muni…

Program criteria. (a) A teen court program may be established under this act in accordance with the following criteria: (i) The judge of the teen court shall be the judge of the supervising court or an attorney admitted to practice in this state appointed by the supervising court…

Juvenile courts authorized to establish teen court program. (a) Notwithstanding any other provision of the Juvenile Justice Act, W.S. 14-6-201 through 14-6-252, a juvenile court may establish and offer a teen court program substantially complying with the provisions of this act a…

Definitions. (a) As used in W.S. 7-13-1301 through 7-13-1304: (i) "Adequate treatment alternative" is a community program certified under rules adopted by the department of health for purposes of providing substance abuse and other related services to criminal offenders. The prog…

Substance use disorder assessment required. All persons convicted of a third misdemeanor under W.S. 31-5- 233(e) or a felony shall receive a substance use disorder assessment. The substance use disorder assessment shall be part of a presentence report if prepared. The cost of the…

Suspended sentence for qualified offenders. (a) Except as provided in subsection (c) of this section, notwithstanding any other provision of law, qualified offenders may be placed on probation under W.S. 7-13-301, receive a suspended sentence under W.S. 7-13-302(a) or placed on p…

Rebuttable presumption in violent crime or delivery of controlled substance cases. If a person has been convicted of a violent felony or delivery or unlawful manufacture of a controlled substance under W.S. 35-7-1031, there is a rebuttable presumption that the person is not a "qu…

Petition for expungement; records of arrest, dismissal of charges, disposition; eligibility; no filing fee. (a) A person, or the state with regard to a petition for the expungement of records pertaining to a juvenile, may petition the court in which a proceeding occurred, or woul…

Petition for expungement of records of conviction of certain misdemeanors; filing fee; notice; objections; hearing; definitions; exceptions. (a) A person who has pled guilty or nolo contendere to or been convicted of a misdemeanor may petition the convicting court for an expungem…

Petition for expungement of records of conviction of certain felonies; filing fee; notice; objections; hearing; definitions; restoration of rights. (a) A person convicted of a felony or felonies subject to expungement under this section arising out of the same occurrence or relat…

Short title. This article shall be known and may be cited as the "24/7 Sobriety Program Act."

Definitions. (a) As used in this article: (i) "Account" means the "24/7 sobriety program account" created by W.S. 7-13-1707; (ii) "Court" means a district, circuit or municipal court; (iii) "Participation" in a 24/7 sobriety program means that the person ordered to participate su…

24/7 sobriety program created. (a) There is created a 24/7 sobriety program to be administered by the attorney general. The purpose of the program is to reduce the number of repeat crimes that are related to substance abuse by monitoring an offender's sobriety through intensive a…

Inclusion in program. (a) Each county, through its sheriff, may take part in the program. A sheriff may designate an entity to provide the testing services or to take any other action authorized to be taken by the sheriff under this article with the exception of action taken to a…

Rulemaking authority. (a) The attorney general shall adopt rules to implement this article. The rules shall: (i) Provide for the nature and manner of testing and the procedures and apparatuses to be used for testing; (ii) Establish fees and provide for the collection of fees. The…

Distribution of testing fees. The sheriff shall collect and transmit testing fees to the state treasurer to be credited to the 24/7 sobriety program account created by W.S. 7-13-1707. The fees shall be distributed as provided by this article and the rules.

24/7 sobriety program account. (a) There is created a 24/7 sobriety program account. The account shall be used by the attorney general to defray all the costs of the program to the state, including the costs of the attorney general in administering this article. Disbursements fro…

Authority of court to order participation in program. (a) Upon a charge or offense for conduct committed while intoxicated or under the influence of a controlled substance, a court may order participation in the program as a condition of pretrial release, bond, suspension of sent…

Apprehension of violators. (a) Upon the failure of a person to submit to a test under the program or upon a positive test for alcohol or controlled substance in violation of the program, a peace officer or a probation and parole agent shall complete a written statement establishi…

24/7 sobriety program director; appointment. The attorney general may appoint a director to administer the program. The appointment shall be subject to senate confirmation in the manner provided for in W.S. 28-12-101 and 28-12-102 for gubernatorial appointments. The director shal…

Incentives and sanctions system; duties of the department of corrections; definitions. (a) The department shall by rule and regulation establish, maintain and implement an incentives and sanctions system to utilize as responses to positive and negative behavior by probationers, p…

Authorized sanctions. (a) The sanctions authorized under W.S. 7-13-1801(a) may include: (i) Loss or restriction of privileges; (ii) Community service; (iii) Placement in an intensive supervision program established under W.S. 7-13-1102 or a nonresidential community correctional p…

Procedure for imposing sanctions; housing violators; civil actions against officials. (a) A probation and parole agent who reasonably believes that a defendant, probationer, parolee or conditional releasee has committed one (1) or more compliance violations that require a sanctio…

Definition of "this act"; commencement and conduct of proceedings. (a) As used in W.S. 7-14-101 through 7-14-108 "this act" means W.S. 7-14-101 through 7-14-108. (b) Any person serving a felony sentence in a state penal institution who asserts that in the proceedings which result…

Contents of petition. (a) The petition shall state: (i) The proceeding in which the petitioner was convicted; (ii) The date of the rendition of the final judgment; (iii) The facts which show the petitioner's constitutional rights were violated; and (iv) Any previous proceedings i…

Claims barred; applicability of act. (a) A claim under this act is procedurally barred and no court has jurisdiction to decide the claim if the claim: (i) Could have been raised but was not raised in a direct appeal from the proceeding which resulted in the petitioner's convictio…

No right to appointed counsel. (a) Repealed by Laws 1990, ch. 95, § 2. (b) Repealed by Laws 1990, ch. 95, § 2. (c) An indigent petitioner seeking relief under this act is not entitled to representation by the state public defender or by appointed counsel.

Answer by state; withdrawal of petition; amendments and further pleadings. (a) Within forty-five (45) days after being ordered to respond to the petition by the court, or within any further time as the court may fix, the attorney general on behalf of the state shall answer or mov…

Evidence received by court; orders entered upon favorable finding; contents of final judgment or order. (a) The court may, if it determines it to be necessary, receive proof by affidavits, deposition, oral testimony or other evidence and may order the petitioner brought before th…

Appellate review. Any final judgment or order entered upon a petition under this act may be reviewed by the supreme court on writ of certiorari upon the petition of either party pursuant to the Wyoming Rules of Appellate Procedure.

Existing statutory provisions. W.S. 7-14-101 through 7-14-108 shall not repeal any existing laws.

Contents and form of agreement on detainers. The agreement on detainers is hereby enacted into law and entered into by the state of Wyoming with all other jurisdictions legally joining therein in the form substantially as follows: the contracting states solemnly agree that: Artic…

Additional definitions; short title. (a) As used in W.S. 7-15-101 through 7-15-105: (i) "Appropriate court" means district court when the reference is to a court of this state; (ii) "This act" or "this agreement" means W.S. 7-15-101 through 7-15-105. (b) This act may be cited as …