Title 7 — Title 7 — Criminal Procedure
23 chapters · 512 sections in this title.
W.S. § 7-13-1103 Program participation not a matter of right
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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 …
W.S. § 7-13-1104 Program participation as a condition of parole
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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…
W.S. § 7-13-1105 Placement of probationer in program by sentencing court
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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…
W.S. § 7-13-1106 Repealed by Laws 2019, ch
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Repealed by Laws 2019, ch. 116, § 3.
W.S. § 7-13-1107 Administrative rewards and sanctions for program violations
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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 (a) Repealed by Laws 2019, ch. 116, § 3. (b) Repealed by Laws 2019, ch. 116, § 3. (c) Repealed by Laws 2019, ch. 116, § 3. (d) Repealed by Laws 2019, ch. 116, § 3.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…
W.S. § 7-13-1201 Short title
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Short title. This act shall be known and may be cited as the "Wyoming Teen Court Program".
W.S. § 7-13-1202 (a) Definitions
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(a) Definitions. 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…
W.S. § 7-13-1203 "This act" means W.S
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"This act" means W.S. 7-13-1201 through 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 c…
W.S. § 7-13-1204 Program criteria
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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…
W.S. § 7-13-1205 court program
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court program. Juvenile courts authorized to establish teen (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…
W.S. § 7-13-1301 (a) Definitions
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(a) Definitions. 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…
W.S. § 7-13-1302 Substance use disorder assessment required
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Substance use disorder assessment required. All persons convicted of a third misdemeanor under W.S. 31-5233(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 s…
W.S. § 7-13-1303 Suspended sentence for qualified offenders
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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…
W.S. § 7-13-1304 Rebuttable presumption in violent crime or delivery of controlled substance cases
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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…
W.S. § 7-13-1401 Petition for expungement; records of arrest, dismissal of charges, disposition; eligibility; no filing fee
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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…
W.S. § 7-13-1501 Petition for expungement of records of conviction of certain misdemeanors; filing fee; notice; objections; hearing; definitions; exceptions
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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…
W.S. § 7-13-1502 Petition for expungement of records of conviction of certain felonies; filing fee; notice; objections; hearing; definitions; restoration of rights
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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…
W.S. § 7-13-1601 Repealed by Laws 2023, ch
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Repealed by Laws 2023, ch. 1, § 4.
W.S. § 7-13-1602 Renumbered as 5-12-104 by Laws 2023, ch
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Renumbered as 5-12-104 by Laws 2023, ch. 1, §
W.S. § 7-13-1603 Renumbered as 5-12-105 by Laws 2023, ch
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Renumbered as 5-12-105 by Laws 2023, ch. 1, §
W.S. § 7-13-1604 Renumbered as 5-12-106 by Laws 2023, ch
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Renumbered as 5-12-106 by Laws 2023, ch. 1, §
W.S. § 7-13-1605 Renumbered as 5-12-107 by Laws 2023, ch
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Renumbered as 5-12-107 by Laws 2023, ch. 1, §
W.S. § 7-13-1606 Renumbered as 5-12-108 by Laws 2023, ch
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Renumbered as 5-12-108 by Laws 2023, ch. 1, § 2. 2. 3. 3. 3. 3. 2. 3. 3. 2.
W.S. § 7-13-1607 Renumbered as 5-12-109 by Laws 2023, ch
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Renumbered as 5-12-109 by Laws 2023, ch. 1, §
W.S. § 7-13-1608 Renumbered as 5-12-110 by Laws 2023, ch
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Renumbered as 5-12-110 by Laws 2023, ch. 1, §
W.S. § 7-13-1609 Renumbered as 5-12-111 by Laws 2023, ch
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Renumbered as 5-12-111 by Laws 2023, ch. 1, §
W.S. § 7-13-1610 Renumbered as 5-12-112 by Laws 2023, ch
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Renumbered as 5-12-112 by Laws 2023, ch. 1, §
W.S. § 7-13-1611 Renumbered as 5-12-113 by Laws 2023, ch
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Renumbered as 5-12-113 by Laws 2023, ch. 1, §
W.S. § 7-13-1612 Renumbered as 5-12-114 by Laws 2023, ch
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Renumbered as 5-12-114 by Laws 2023, ch. 1, §
W.S. § 7-13-1613 Renumbered as 5-12-115 by Laws 2023, ch
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Renumbered as 5-12-115 by Laws 2023, ch. 1, §
W.S. § 7-13-1614 Renumbered as 5-12-116 by Laws 2023, ch
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Renumbered as 5-12-116 by Laws 2023, ch. 1, §
W.S. § 7-13-1615 Renumbered as 5-12-117 by Laws 2023, ch
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Renumbered as 5-12-117 by Laws 2023, ch. 1, §
W.S. § 7-13-1616 Renumbered as 5-12-118 by Laws 2023, ch
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Renumbered as 5-12-118 by Laws 2023, ch. 1, §
W.S. § 7-13-1701 Short title
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Short title. This article shall be known and may be cited as the "24/7 Sobriety Program Act."
W.S. § 7-13-1702 (a) Definitions
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(a) Definitions. As used in this article: (i) "Account" means the "24/7 sobriety program account" created by W.S. 7-13-1707; court; (ii) "Court" means a district, circuit or municipal (iii) "Participation" in a 24/7 sobriety program means that the person ordered to participate su…
W.S. § 7-13-1703 24/7 sobriety program created
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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…
W.S. § 7-13-1704 Inclusion in program
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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…
W.S. § 7-13-1705 Rulemaking authority
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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…
W.S. § 7-13-1706 Distribution of testing fees
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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.
W.S. § 7-13-1707 24/7 sobriety program account
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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…
W.S. § 7-13-1708 program
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program. Authority of court to order participation in (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…
W.S. § 7-13-1709 Apprehension of violators
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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…
W.S. § 7-13-1710 24/7 sobriety program director; appointment
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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…
W.S. § 7-13-1711 Repealed by Laws 2019, ch
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Repealed by Laws 2019, ch. 49, § 3.
W.S. § 7-13-1801 Incentives and sanctions system; duties of the department of corrections; definitions
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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…
W.S. § 7-13-1802 (a) include: "Department" means the department of Authorized sanctions
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(a) include: "Department" means the department of Authorized sanctions. The sanctions authorized under W.S. 7-13-1801(a) may (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 no…
W.S. § 7-13-1803 Procedure for imposing sanctions; housing violators; civil actions against officials
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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…
W.S. § 7-14-101 Definition of "this act"; commencement and conduct of proceedings
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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…
W.S. § 7-14-102 (a) Contents of petition
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(a) Contents of petition. The petition shall state: (i) The proceeding in which the petitioner was (ii) The date of the rendition of the final judgment; convicted; (iii) The facts which show the petitioner's constitutional rights were violated; and (iv) Any previous proceedings i…
W.S. § 7-14-103 Claims barred; applicability of act
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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…