Title 7, Title 7 — Criminal Procedure

Expungement of information. (a) Any person whose DNA profile has been included in the state DNA database pursuant to this act may request expungement on the grounds the felony conviction on which the authority for including the DNA profile was based has been reversed and dismisse…

Enforcement. Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where a person refuses to submit to DNA testing as required under this act, and no such employee shall be criminally or civilly liable for the use of such reasonable force.…

Sexual assault biological evidence reports. (a) Beginning January 1, 2020, each criminal justice agency shall report to the division all investigations in which sexual assault biological evidence is gathered. The report shall include the type of crime involved, whether the eviden…

Short title. This act may be cited as "The National Crime Prevention and Privacy Compact Act".

Compact provisions generally. The National Crime Prevention and Privacy Compact is enacted into law and entered into by this state with any other state or jurisdiction legally joining the compact in the form substantially as follows: Article I Definitions (a) As used in this comp…

Compact officer to administer the compact. The Wyoming attorney general or his designee shall act as the compact officer responsible for implementation and administration of this compact on behalf of the state of Wyoming.

Definition of "peace officer". As used in this chapter "peace officer" has the meaning specified in W.S. 7-2-101.

Arrests without warrant. (a) In addition to arrests specified in W.S. 7-2-102, any peace officer who has probable cause to believe that a violation of W.S. 6-2-510(a) or 6-2-511(a) has taken place within the preceding twenty-four (24) hours or is taking place or that a violation …

Appearance in court; hearing; probation. (a) Any person arrested pursuant to W.S. 7-20-102 shall be brought before the court having jurisdiction in the cause without unnecessary delay. At the initial appearance under this section the court shall: (i) Set a time for a hearing on t…

Notice to victim of services and legal rights and remedies. At the time of arrest under W.S. 7-20-102 or as soon thereafter as is practicable, the peace officer shall advise the victim of the availability of a program that provides services to victims of battering in the communit…

Peace officer education and training. (a) Law enforcement agencies and the Wyoming law enforcement academy shall provide peace officers with a uniform education and training program approved by the peace officer standards and training commission designed to inform the officers of…

Civil or criminal liability of peace officer. A peace officer making an arrest pursuant to this chapter is not civilly or criminally liable for that arrest if the officer acts upon probable cause and without malice.

Identification codes; reports. (a) The Wyoming division of criminal investigation within the office of the attorney general shall develop and each law enforcement agency shall use a domestic violence identification code or codes by January 1, 1988. In all incidents of domestic vi…

Definitions. (a) As used in this chapter: (i) "Crime" means a felony as defined by W.S. 6-10-101; (ii) "Family member" means a spouse, child, sibling, parent or legal guardian of a victim; (iii) "Victim" means an individual who has suffered direct or threatened physical, emotiona…

Notice to crime victims. (a) If a defendant is convicted of a crime involving an identifiable victim, the district attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following: (i) The defendant's conviction; (ii) The offenses …

Submission of victim impact statement to sentencing court. (a) At any hearing to determine, correct or reduce a sentence, an identifiable victim of the crime may submit, orally, in writing or both, a victim impact statement to the court. (i) Repealed by Laws 2005, ch. 17, § 2. (i…

Definitions. (a) As used in this article: (i) "American correctional association standards" means those standards at the time of implementation of this act, or if amended, the amended American correctional association standards, which are approved by the state; (ii) "Contracting …

Authority to contract; general conditions. (a) The state or a local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities and services as provided in …

Incarceration of inmates in privately operated facility. At the direction of the state, in the case of a person sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution, or at the direction of the local government in t…

Contract term and renewal. The initial contract for the operation of a facility or for incarceration of prisoners or inmates therein shall be for a period of not more than three (3) years with an option to renew biannually thereafter. Contracts for purchase or lease (as lessor or…

Standards of operation. (a) All facilities governed by this article shall be designed, constructed and at all times maintained and operated in accordance with the American correctional association standards in force at the time of contracting. The facility shall meet the percenta…

Private-company detention officers; use of force. (a) No person shall be employed as a private-company detention officer unless the person has been trained in the use of force and the use of firearms in accordance with American correctional association standards, §§ 3-4070 throug…

Employee training requirements. All employees of a facility operated by a private contractor pursuant to this article shall receive, at a minimum, the same quality and quantity of training as that required for employees of state operated facilities. If any or all of the applicabl…

Monitoring; right of access. (a) The contracting governmental entity at the contractor's expense, shall employ an individual to be responsible for monitoring all aspects of the private contractor's performance under a contract for the operation of a facility pursuant to W.S. 7-22…

Liability and sovereign immunity. (a) The contractor shall assume all liability arising under a contract entered into pursuant to W.S. 7-22-102. (b) Neither the sovereign immunity of the state nor the sovereign immunity applicable to any local government shall extend to the contr…

Insurance. (a) The contractor shall provide an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. In determ…

Termination of contract and resumption of control. (a) The board or the local government may, upon demonstration that a breach of contract has occurred and that after the passage of a reasonable period of time the breach has not been cured, without penalty to the state or the loc…

Nondelegation of authority. (a) No contract for private correctional services under this article shall authorize, allow or imply a delegation to a private contractor of authority or responsibility to: (i) Classify inmates or place inmates in less restrictive custody or more restr…

Authority of state to contract with local governments. The state may contract with any local government or private contractor which is responsible for the maintenance or operation of a facility to house in the facility inmates or prisoners of the state penitentiary or any other f…

Rulemaking authority. The state or the local government shall promulgate reasonable rules and regulations necessary to carry out this article.

Contract authorizing operation required; exception. (a) No private entity shall construct, operate or manage any private jail, prison or other structure to house or incarcerate inmates or prisoners in this state except pursuant to contract under this article. (b) Subsection (a) o…

Definitions. (a) As used in this chapter: (i) "Emergency services personnel" means any employee or volunteer regulated under title 33, chapter 36 of the Wyoming statutes; (ii) "Emergency services provider" means any public employer, or ground or air ambulance service, that employ…

Peer support counseling session communications; confidentiality; applicability. (a) Any communication made by a participant or peer support specialist in a peer support counseling session, and any oral or written information conveyed in or as the result of a peer support counseli…