State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title25 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - DEPARTMENT OF CORRECTIONS

 

25-1-101. Repealed by Laws 1992, ch. 25, 4.

 

25-1-102. Repealed by Laws 1992, ch. 25, 4.

 

 

25-1-103. Repealed by Laws 1992, ch. 25, 4.

 

 

25-1-104. Creation of department of corrections; duties; inspectionsof state institutions; regulation of prisoner produced goods.

 

(a) The department of corrections is created. The departmentconsists of the director who is the chief administrative officer and suchdivisions as the director may create.

 

(b) The department of corrections has general supervision,control and custody of all penal institutions, and responsibility for themaintenance and repair of all buildings and grounds utilized by theinstitutions. Specifically the department has general supervision and controlof, and shall provide for the care and maintenance of all inmates in thefollowing state institutions:

 

(i) Wyoming state penitentiary;

 

(ii) Wyoming honor farms and camps;

 

(iii) Wyoming women's center;

 

(iv) Wyoming medium correctional institution;

 

(v) Adult community correctional facilities defined by W.S.7-18-102(a)(i).

 

(c) The department of corrections has general supervisoryauthority over state parolees and, subject to the order of the sentencingcourt, over probationers for whom the sentencing court requests supervisionunder W.S. 7-13-410(b).

 

(d) The director shall:

 

(i) Personally inspect all state institutions under thedepartment's supervision and control at least once every year;

 

(ii) Direct the general management of all state penalinstitutions enumerated in W.S. 25-1-104(b) and be responsible for the properdisbursement of all funds appropriated for their maintenance;

 

(iii) Direct the general management of the state probation andparole program; and

 

(iv) Appoint, prescribe the duties of, and remove at will thefollowing officers:

 

(A) Wardens of the Wyoming state penitentiary, mediumcorrectional institution, women's center and Wyoming honor farms and camps;

 

(B) Repealed by Laws 2005, ch. 93, 2.

 

(C) Repealed By Laws 2005, ch. 93, 2.

 

(D) The state probation and parole officer.

 

(e) The officers provided for under W.S. 25-1-104(d)(iv)(A) and(D) shall:

 

(i) Serve as administrator of and manage the institutions towhich they are appointed subject to the supervision of the director;

 

(ii) Employ personnel necessary and approved by the director andthe Wyoming legislature;

 

(iii) Report to the director as required.

 

(f) The director may appoint and may remove at will a deputydirector and division administrators.

 

(g) The department shall establish rules and regulationsregarding the production of goods by prisoners at all state correctionsinstitutions including but not limited to labor requirements, wage rates, useof goods within the institution of origin, sales price and method ofdistribution to other institutions or the general public. In promulgating rulesrelating to correctional industries programs authorized by W.S. 25-13-101through 25-13-107, the department shall adhere to the requirements of theprivate sector prison industry enhancement certification program of the federalbureau of justice assistance. Rules and regulations promulgated under thissubsection shall place limitations on competition with the private sector andwill ensure that no contract entered into under W.S. 25-13-101 through25-13-107 will result in the displacement of employed workers in the state inexcess of limitations established by the correctional industries advisory boardcreated by W.S. 25-13-102.

 

(h) The department of corrections has general supervision andcontrol of, and shall provide for the care and maintenance of all inmates whohave been placed in institutions of other jurisdictions or private entitiespursuant to contracts or agreements under W.S. 25-1-105(e).

 

(j) The director may order returned to the custody of thedepartment any person under the department's jurisdiction. The written order ofthe director shall be sufficient warrant for any peace officer to return toactual custody any escaped state prisoner or any state prisoner released priorto his scheduled release date or who is about to be released by anotherjurisdiction prior to his scheduled release date in Wyoming. It is the duty ofall peace officers to execute the order of the director issued under thissubsection in like manner as ordinary criminal process. A person taken intocustody under the order of the director is not subject to release on bail.Consistent with W.S. 7-3-201 through 7-3-227, the director may apply to thegovernor to seek the extradition of an inmate apprehended in another statepursuant to an order of the director issued under this subsection.

 

25-1-105. Powers of department; care of persons committed outside ofstate.

 

 

(a) The department of corrections shall adopt rules andregulations necessary to carry out its functions. The promulgation ofsubstantive rules by the department, the conduct of its hearings and its finaldecisions are specifically exempt from all provisions of the WyomingAdministrative Procedure Act including the provisions for judicial review underW.S. 16-3-114 and 16-3-115. The department's rules shall be filed in the officeof the secretary of state.

 

(b) The department may enter into contracts with the federalgovernment or other states for the care of persons committed outside ofWyoming.

 

(c) Subject to subsection (d) of this section, the departmentmay, to obtain demonstrable cost savings or better quality of services,contract with private service providers or with other agencies for any of thefollowing services to be provided for inmates of any state adult penalinstitution:

 

(i) Education, training and jobs programs;

 

(ii) Recreational and religious activities;

 

(iii) Development and implementation assistance forclassification, management information systems or other information systems orservices;

 

(iv) Medical services;

 

(v) Food services, commissary, transportation, sanitation orother ancillary services; and

 

(vi) Counseling, special treatment programs or other programsfor special needs.

 

(d) The department shall by rule and regulation impose uponservices contracted pursuant to paragraph (c)(i) of this section limitations oncompetition with the private sector and ensure contracted services do notsignificantly displace employed workers within the community.

 

(e) The department of corrections may enter into contracts andagreements with any county for the confinement and maintenance in county jailsof persons sentenced to the custody of the department of corrections to serve aterm of imprisonment in a state penal institution. The department may enterinto contracts and agreements with other states, including those which are notparty to the Western Interstate Corrections Compact, with the federalgovernment, with other governmental entities and with private owners andoperators of correctional facilities in other states, for the confinement andmaintenance of persons sentenced to the custody of the department to serve aterm of imprisonment in a state penal institution. The department shallestablish rules and regulations regarding the minimum standards for suchfacilities and standards for the care and treatment of department of correction'sinmates incarcerated therein.

 

25-1-106. Repealed by Laws 1992, ch. 25, 4.

 

 

25-1-107. Repealed by Laws 1987, ch. 127, 2.

 

 

25-1-108. Repealed by Laws 1987, ch. 127, 2.

 

 

25-1-109. Repealed by Laws 1987, ch. 127, 2.

 

 

25-1-110. Repealed by Laws 1987, ch. 127, 2.

 

 

ARTICLE 2 - STATE INSTITUTIONS

 

25-1-201. Establishment of state institutions.

 

(a) The following state institutions are established:

 

(i) The Wyoming state penitentiary at Rawlins, Wyoming;

 

(ii) The Wyoming boys' school at Worland, Wyoming;

 

(iii) The Wyoming girls' school at Sheridan, Wyoming;

 

(iv) The Wyoming life resource center at Lander, Wyoming;

 

(v) Repealed By Laws 1998, ch. 7, 2.

 

(vi) The Wyoming pioneer home at Thermopolis, Wyoming;

 

(vii) The veterans' home of Wyoming at Buffalo, Wyoming;

 

(viii) The Wyoming retirement center at Basin, Wyoming;

 

(ix) The Wyoming women's center at Lusk, Wyoming;

 

(x) The Wyoming state hospital at Evanston, Wyoming;

 

(xi) The Wyoming medium correctional institution at Torrington,Wyoming;

 

(xii) The Wyoming school for the deaf at Casper, Wyoming;

 

(xiii) The Wyoming honor farm at Riverton, Wyoming;

 

(xiv) The Wyoming honor conservation camp at Newcastle, Wyoming.

 

(b) Repealed by Laws 1992, ch. 25, 4.

 

(c) Repealed by Laws 1992, ch. 25, 4.

 

(d) Repealed by Laws 1987, ch. 185, 2.