State Codes and Statutes

CHAPTER 13 - SENTENCE AND IMPRISONMENT

ARTICLE 1 - IN GENERAL

7-13-101. Sentencing of minors to boys' school upon first convictionof felony; term; parole.

(a) Upon his first conviction of a felony, any male offenderunder the age of eighteen (18) years may be sentenced to imprisonment in theWyoming boys' school.

(b) In imposing a sentence under this section the court shallnot fix a definite or minimum term of confinement in the boys' school but shallfix a maximum term which shall not exceed the maximum term provided for thestatute violated.

(c) The department of family services may at any time grant toa person sentenced under this section a parole from the boys' school eventhough the person has not served a fixed minimum sentence.

7-13-102. Repealed by Laws 1992, ch. 25, 4.

7-13-103. Notice of sentence; transportation to institution; maintenanceof prisoner in county jail.

(a) If a person is sentenced to the custody of the departmentof corrections to serve a term of imprisonment in a state penal institution,the sheriff shall notify the department of corrections and the warden of the Wyomingstate penitentiary or the Wyoming women's center.

(b) Except as provided in subsection (c) of this section, thedirector of the department of corrections shall arrange for the transportationof the person to a state penal institution, at state expense, within ten (10)days after the judgment and sentence is signed by the judge. Except as providedin subsection (c) of this section, prior to being transported to theinstitution the prisoner shall be maintained in the county jail at the expenseof the county.

(c) Upon agreement of the sheriff and the director of thedepartment of corrections, the prisoner may be maintained at the county jail atan agreed per diem rate to be paid by the department for an additional periodof not more than thirty (30) days after expiration of the ten (10) daysprovided by subsection (b) of this section. The department shall pay for anymedical treatment of the prisoner, other than for conditions demandingimmediate medical attention which can be treated at the county jail and otherthan medical treatment for which the county is liable under W.S.18-6-303(c)(i), which is provided after the judgment and sentence is signed bythe judge. Except for emergency medical treatment, no treatment which is theresponsibility of the department under this subsection shall be providedwithout the prior approval of the department.

(d) The sheriff shall furnish the department of corrections andthe warden of the Wyoming state penitentiary or the Wyoming women's center witha copy of the judgment and sentence imposed.

7-13-104. Record of prisoners.

The department of corrections shall keep acomplete record of the background and current status of all prisoners sentencedand confined in any state penal institution. The administrator of theinstitution where a prisoner is incarcerated, the division of criminalinvestigation, and the clerk of court and sheriff of the county from which theprisoner is committed shall, at the request of the department or the board ofparole, furnish any information in their possession relating to the prisoner orthe offense committed.

7-13-105. Certificate of restoration of rights; procedure forrestoration in general; procedure for restoration of voting rights fornonviolent felonies; filing requirements.

(a) Upon receipt of a written application, the governor mayissue to a person convicted of a felony under the laws of a state or the UnitedStates a certificate which restores the rights lost pursuant to W.S. 6-10-106when:

(i) His term of sentence expires; or

(ii) He satisfactorily completes a probation period.

(b) A person convicted of a nonviolent felony or nonviolentfelonies arising out of the same occurrence or related course of events mayapply in writing to the state board of parole for a certificate which restoresthe person's voting rights lost pursuant to W.S. 6-10-106. The applicationshall specifically state that the requirements of this subsection have been metand shall be on a form approved by the state board of parole. The state boardof parole shall issue a certificate restoring a person's voting rights if:

(i) The applicant has never been convicted of any other felonyother than convictions arising out of the same occurrence for which restorationof rights is sought;

(ii) All of the applicant's terms of sentence are expired, or inthe case of probation, the applicant has completed all probation periods; and

(iii) It has been at least five (5) years since the expiration ofall of the applicant's terms of sentence, or in the case of probation, thecompletion of all probation periods.

(c) Upon receipt of the written application under subsection(b) of this section, the board shall review the materials and make an initialdetermination of eligibility. Should the board deny the application at thisinitial determination, the applicant shall have the right to request acontested case hearing before the board as provided by and in accordance withthe Wyoming Administrative Procedure Act. The decision of the board after suchhearing shall be deemed a final administrative determination, shall be inwriting, and, shall in the case of a denial of the application, state thefindings of the board and the reasons for the denial and shall not be subjectto judicial review under W.S. 16-3-114.

(d) As used in this section, "violent felony" meansas defined by W.S. 6-1-104(a)(xii), including offenses committed in anotherjurisdiction which if committed in this state would constitute a violent felonyunder W.S. 6-1-104(a)(xii). As used in this section, "nonviolentfelony" includes all felony offenses not otherwise defined as violentfelonies.

7-13-106. Transfer of citizen or national of foreign country.

The governor may act on behalf of the stateto consent to the transfer of a citizen or national of a foreign countrypursuant to a treaty between the United States and the foreign country of whichthe person is a citizen or national.

7-13-107. Split sentence of incarceration in county jail followed byprobation; civil liability of county officers and employees.

(a) Following a defendant's conviction of, or his plea ofguilty to any felony, other than a felony punishable by death or lifeimprisonment, the court may impose any sentence of imprisonment authorized bylaw and except as provided in subsection (g) of this section, may in additionprovide:

(i) That the defendant be confined in the county jail for aperiod of not more than one (1) year; and

(ii) That the execution of the remainder of the sentence besuspended and the defendant placed on probation.

(b) In placing the defendant on probation under subsection (a)of this section, the court may also:

(i) Impose any fine provided by the statute violated;

(ii) Apply the provisions of W.S. 7-13-501 through 7-13-503.

(c) Except as provided in subsection (a) of this section, thecourt may impose a split sentence of incarceration followed by probation in anyfelony case including those in which the statute violated specifically providesfor a sentence of imprisonment in the state penitentiary.

(d) The court may impose a split sentence as provided by thissection at the time a defendant is originally sentenced or at any hearing atwhich the court modifies or revokes a defendant's probation and at which thedefendant is personally present.

(e) The cost of housing convicted felons in the county jailshall be paid by the department of corrections by contract arrangement with thecounty sheriff. Costs shall include shelter, food, clothing, and necessarymedical, dental and hospital care. Subject to legislative appropriation, thedepartment of corrections may contract with county sheriffs to house felonssentenced under this section in county jail.

(f) If any civil action is brought against any sheriff, hisunder sheriff, deputy, agent or employee, by reason of acts committed orallegedly committed in the performance of necessary duties in connection withthe housing and care of the convicted felons, the state shall indemnify andhold harmless the officers, agents or employees from all civil liabilityincurred or adjudged except punitive damage awards. Upon request, the stateshall provide legal counsel at state expense to assist in the defense of anyaction referred to in this subsection.

(g) No person convicted of a felony may be sentenced to thecounty jail under this section unless:

(i) The judge, after consultation with the sheriff, determinesthat adequate facilities are available and that the jail is not overcrowded;and

(ii) Funding exists to pay the cost of placement, in that:

(A) The legislature has specifically appropriated funds to payfor such placements and unencumbered appropriated funds are available for theproposed placement; or

(B) The county agrees to pay the costs of placement ifsufficient funds are not available from state appropriations.

(h) A defendant sentenced under this section is not eligiblefor parole and is not subject to good time allowances authorized under W.S.7-13-420. The sentencing court shall continue to have jurisdiction over thedefendant during the entire time he is confined in county jail and thereafterwhile the defendant is serving his term of probation.

(j) If consecutive terms of confinement in the county jail areordered pursuant to this section they shall not exceed a period of one (1)year.

7-13-108. Sentence to custody of department of corrections.

(a) Unless otherwise specifically provided by statute, anyperson convicted of a felony and sentenced to a term of imprisonment shall besentenced to the custody and control of the department of corrections to beincarcerated in a state penal institution or other facility under contract oragreement with the department pursuant to W.S. 25-1-105(e), as directed by thedepartment.

(b) Any contract entered into under W.S. 25-1-105(e) shall beapproved as to form and content by the Wyoming attorney general.

7-13-109. Payment of jail costs by inmate.

(a) In addition to any other punishment prescribed by law, thesentencing 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 eachday of incarceration, both before and after conviction. The costs for room andboard for each day of incarceration shall be an amount equal to the actual costof the services as determined by the county sheriff. The cost of the servicesshall be paid to all jail facilities where the inmate may have been held beforeand after conviction. The costs shall not be assessed if:

(i) The court finds that the defendant has no ability to payand that no reasonable probability exists that the defendant will have anability to pay; or

(ii) In the judgment of the court, the costs would impose amanifest hardship on the inmate, or the property of the inmate is needed forthe maintenance and support of the inmate's family.

(b) An order to pay room and board costs under this sectionshall be included as a special order in the judgment of conviction. To satisfythe order, the clerk of the sentencing court, upon request of the sheriff orprosecuting attorney, may issue execution against any assets of the defendantincluding wages subject to attachment, in the same manner as in a civil action.

(d) Any costs paid by a person under this section shall bedeposited in the county general fund to help defray the costs the jail facilityincurred in providing room and board to the person.

ARTICLE 2 - INDETERMINATE SENTENCE

7-13-201. Maximum and minimum term.

Except where a term of life is required bylaw, or as otherwise provided by W.S. 7-13-101, when a person is sentenced forthe commission of a felony, the court imposing the sentence shall not fix a definiteterm of imprisonment but shall establish a maximum and minimum term within thelimits authorized for the statute violated. The maximum term shall not begreater than the maximum provided by law for the statute violated, and theminimum term shall not be less than the minimum provided by law for the statuteviolated, nor greater than ninety percent (90%) of the maximum term imposed.

ARTICLE 3 - PROBATION AND SUSPENSION OF SENTENCE

7-13-301. Placing person found guilty, but not convicted, on probation.

(a) If a person who has not previously been convicted of anyfelony is charged with or is found guilty of or pleads guilty or no contest toany misdemeanor except any second or subsequent violation of W.S. 31-5-233 orany similar provision of law, or any second or subsequent violation of W.S.6-2-501(a) or (b) by a household member as defined by W.S. 35-21-102 againstany other household member or any similar provision of law, or any felonyexcept murder, sexual assault in the first or second degree, aggravated assaultand battery or arson in the first or second degree, the court may, with theconsent of the defendant and the state and without entering a judgment of guiltor conviction, defer further proceedings and place the person on probation fora term not to exceed five (5) years upon terms and conditions set by the court.The terms of probation shall include that he:

(i) Report to the court not less than twice in each year attimes and places fixed in the order;

(ii) Conduct himself in a law-abiding manner;

(iii) Not leave the state without the consent of the court;

(iv) Conform his conduct to any other terms of probation thecourt finds proper; and

(v) Pay restitution to each victim in accordance with W.S.7-9-101 and 7-9-103 through 7-9-112.

(b) If the court finds the person has fulfilled the terms ofprobation and that his rehabilitation has been attained to the satisfaction ofthe court, the court may at the end of five (5) years, or at any time after theexpiration of one (1) year from the date of the original probation, dischargethe person and dismiss the proceedings against him.

(i) Enter an adjudication of guilt and conviction and proceedto impose sentence upon the defendant if he previously pled guilty to or wasfound guilty of the original charge for which probation was granted under thissection; or

(ii) Order that the trial of the original charge proceed if thedefendant has not previously pled or been found guilty.

(d) Discharge and dismissal under this section shall be withoutadjudication of guilt and is not a conviction for any purpose.

(e) There shall be only one (1) discharge and dismissal underthis section or under any similar section of the probationary statutes of anyother jurisdiction.

7-13-302. Placing person convicted on probation; suspension ofimposition or execution of sentence; imposition of fine.

(a) After conviction or plea of guilty for any offense, exceptcrimes punishable by death or life imprisonment, and following entry of thejudgment of conviction, the court may:

(i) Suspend the imposition or execution of sentence and placethe defendant on probation; or

(ii) Impose a fine applicable to the offense and place thedefendant on probation.

7-13-303. Investigation preceding probation or suspension of sentence.

(a) When directed by the court, the district attorney, thestate probation and parole officer or, in the case of a minor, a counselor asdefined by W.S. 5-3-501(a)(ii) or the department of family services shallinvestigate and report to the court in writing:

(i) The circumstances of the offense;

(ii) The criminal record, social history and present conditionsof the defendant;

(iii) If practicable, the findings of a physical and mentalexamination of the defendant;

(iv) If practicable, statements from the victim; and

(v) A summary of the impact of the offense on the victim.

(b) No defendant charged with a felony, and, unless the courtdirects otherwise, no defendant charged with a misdemeanor, shall be placed onprobation or released under suspension of sentence until the report of theinvestigation under this section is presented to and considered by the court.If the defendant is sentenced to the custody of the department of correctionsto serve a term of incarceration in a state penal institution, a copy of thereport of the investigation shall be sent to the department of corrections at thetime of sentencing. In all felony cases the clerk of court shall forward copiesof the report to the department of corrections, together with copies of allorders entered by the court.

7-13-304. Imposition or modification of conditions; performance ofwork by defendant.

(a) The court may impose, and at any time modify, any conditionof probation or suspension of sentence.

(b) As a condition of any probation, the court, subject to W.S.7-16-101 through 7-16-104, may order the defendant to perform work for a periodnot exceeding the maximum probation period.

(c) As a condition of probation or suspension of sentence, thecourt may require a defendant who is a minor to successfully complete ajuvenile service program offered by a community juvenile services board underthe Community Juvenile Services Act.

(d) As a condition of probation or suspension of sentence, thecourt may require a defendant to complete successfully a court supervisedtreatment program qualified under W.S. 7-13-1601 through 7-13-1615.

7-13-305. Determination, continuance or extension; revocationproceedings.

(a) The period of probation or suspension of sentence underW.S. 7-13-302 shall be determined by the court and may be continued orextended.

(b) Upon the satisfactory fulfillment of the conditions ofsuspension of sentence or probation under W.S. 7-13-302 the court shall enteran order discharging the defendant.

(c) For a violation of a condition of probation occurringduring the probationary period, revocation proceedings may be commenced at anytime during the period of suspension of sentence or probation under W.S.7-13-302, or within thirty (30) days thereafter, in which case the court mayissue a warrant and cause the defendant to be arrested. If after hearing thecourt determines that the defendant violated any of the terms of probation orsuspension of sentence, the court may proceed to deal with the case as if nosuspension of sentence or probation had been ordered.

(d) The time for commencing revocation proceedings shall beautomatically extended for any period of time in which the probationer isincarcerated outside this state during the probationary period for theconviction of an offense which is a violation of the conditions of probation,unless the probationer has made a valid request for final disposition under theinterstate agreement on detainers, W.S. 7-15-101 through 7-15-105.

7-13-306. Payment of fine in installments.

When imposing a fine and also placing thedefendant on probation, the district judge may permit the fine to be paid ininstallments over a reasonable period of time.

7-13-307. Expungement of criminal record.

Nothing in W.S. 7-13-301 through 7-13-306shall be construed to authorize the court to expunge the record of a person chargedwith or convicted of a criminal offense.

ARTICLE 4 - PROBATION AND PAROLE GENERALLY

7-13-401. 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 releaseby an institution or by a court, other than parole or probation, which issubject to conditions imposed by the institution or court;

(iii) "Conditional releasee" means an individualgranted conditional release by an institution or court;

(iv) "Department" means the department of corrections;

(v) "Director" means the director of the departmentof corrections;

(vi) "Institution" includes the Wyoming statepenitentiary, state penitentiary farms and camps, Wyoming women's center,Wyoming state hospital and any other state penal institution including acorrectional facility operated by a private entity pursuant to W.S. 7-22-102;

(vii) "Parole" means permission to leave the confinesof the institution in which a person is confined under specified conditions,but does not operate as a discharge of the person;

(viii) "Parolee" means a prisoner or an inmate of aninstitution who has been granted parole;

(ix) "Peace officer" means as defined by W.S. 7-2-101;

(x) "Probation" means a sentence not involvingconfinement which imposes conditions and retains authority in the sentencingcourt to modify the conditions of the sentence or to resentence the offender ifhe violates the conditions;

(xi) "Probationer" means a defendant granted probationby the sentencing court;

(xii) "Executive director" means the executive directorof the board.

(b) There is created the state board of parole which consistsof seven (7) members appointed by the governor with the advice and consent ofthe senate, in accordance with W.S. 28-12-101 through 28-12-103. Not more thanfour (4) members shall be of the same political party. Members of the boardshall be appointed for six (6) year terms. The governor may remove any boardmember as provided in W.S. 9-1-202.

(c) Annually at the first meeting of the board, the membersshall elect from their number a chairman and vice-chairman. Any vacancy causedby death, resignation or disqualification of a member of the board shall befilled by the governor for the remainder of the unexpired term of the member. Any vacancy occurring between sessions of the legislature may be filled by thegovernor in accordance with W.S. 28-12-101(b).

(d) When engaged in the performance of their duties, members ofthe board shall receive salary in the amount paid to members of the Wyominglegislature and travel expenses and per diem in the same manner and amount asemployees of the state.

(e) The board shall meet at least quarterly to conduct thebusiness specified in subsection (f) of this section. Except as otherwiseprovided by subsection (f) of this section, four (4) members constitute aquorum. All matters shall be decided by a majority vote of those in attendance.The board may meet as often as necessary for the administration and conduct ofits other business.

(f) Three (3) or more members of theboard may constitute a hearing panel empowered to review applications forparole, grant paroles or revoke paroles. Fewer than three (3) members of theboard, as may be provided by rule of the board, may withdraw or revoke goodtime, restore or reinstate good time, make initial determinations ofeligibility and restore voting rights pursuant to W.S. 7-13-105(b) and (c),make recommendations to the governor to grant commutations of sentences andreview inmate matters, other than the grant or denial of parole, brought beforethe board. A decision by a majority of the members of a panel under thissubsection is the decision of the board.

(g) The board may employ an executive director who shall serveat the pleasure of the board as provided by appropriation of the legislature.The executive director and other staff members shall perform duties as may beassigned by the board.

7-13-402. General powers and duties of board; eligibility for parole;immunity.

(a) The board may grant a parole to any person imprisoned inany institution under sentence, except a sentence of life imprisonment withoutparole or a life sentence, ordered by any district court of this state,provided the person has served the minimum term pronounced by the trial courtless good time, if any, granted under rules promulgated pursuant to W.S.7-13-420.

(b) A prisoner is not eligible for parole if he has:

(i) Made an assault with a deadly weapon upon any officer,employee or inmate of any institution; or

(ii) Escaped, attempted to escape or assisted others to escapefrom any institution.

(c) In granting a parole the board shall fix terms andconditions it deems proper to govern the conduct of the parolee while theparole is in effect. The terms and conditions may be special in each case orthey may be prescribed by general rules and regulations of the board, or both.

(d) No person granted a parole shall be released from aninstitution until he has signed an agreement that he will comply with the termsand conditions under which he has been released and abide by the laws of thestate. In addition, no person shall be granted a parole until the board makes areasonable effort to notify victims of the parole and provides a reasonableopportunity for victims to provide written comments to the board relative tothe parole. The agreement shall be retained in the records of the department.

(e) The board may adopt reasonable rules and regulationsnecessary to carry out the functions assigned to the board by W.S. 7-13-401through 7-13-424 including rules relating to:

(i) The conduct of proceedings, meetings, hearings andinterviews;

(ii) The general conditions under which parole may be grantedand revoked;

(iii) Parole applications and procedures, including the selectionof hearing panels as provided by W.S. 7-13-401(f);

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

(v) Procedures to allow victims opportunity to comment onparole applications; and

(vi) Notification to victims of the pending release ofprisoners.

(f) The promulgation of substantive rules by the board, theconduct of its hearings and its final decisions are specifically exempt fromall provisions of the Wyoming Administrative Procedure Act including theprovisions for judicial review under W.S. 16-3-114 and 16-3-115. Thisexception shall not apply to the provisions authorizing a contested casehearing under W.S. 7-13-105(c). The board's rules and regulations shall befiled in the office of the secretary of state.

(g) Notwithstanding W.S. 1-39-101 through 1-39-119, the boardand its members are immune from any liability, either as a board orindividually, for any actions, inactions or omissions by the board or anymember thereof, pursuant to W.S. 7-13-401 through 7-13-424.

(h) The board shall receive applications for and makedeterminations regarding the restoration of voting rights pursuant to itspowers under W.S. 7-13-105(b) and (c).

7-13-403. Custody of parolee; return upon violation.

(a) A parolee is in the legal custody and under the control ofthe board and may be returned to the custody of the department for violation ofa condition of his parole.

(b) Unless otherwise ordered by the board, a parole violatorshall be returned to the custody of the department to serve the remainder ofthe original sentence.

7-13-404. Computing remainder of sentence for parole violator.

In computing the remainder of the sentenceto be served by a parole violator, no credit shall be given against hisoriginal sentence for any portion of the time between his release on parole andhis return to the institution unless the board directs otherwise.

7-13-405. State probation and parole officer; appointment of agents.

(a) The department has general supervisory authority over stateparolees and over probationers for whom the sentencing court requestssupervision under W.S. 7-13-410(b).

(b) The director shall appoint a state probation and paroleofficer. The department shall:

(i) Keep records of all persons placed on parole or probationunder the supervision of the department;

(ii) Cooperate with probation and parole officers of otherstates in the supervision of parolees and probationers from other states; and

(iii) Consult and cooperate with the courts and institutions ofthe state to develop plans and procedures to administer the probation andparole laws of the state.

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

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

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

(f) Subject to legislative appropriation, the department may,by negotiation without competitive bid or by competitive bidding, contract withany governmental or nongovernmental entity to provide services, other thandirect supervision and enforcement, required to carry out the provisions of thisarticle.

7-13-406. Offices.

Offices for probation and parole agentsshall be maintained throughout the state as determined by the department.

7-13-407. Duties of probation and parole agents.

(a) Under direction and supervision of the director, probationand parole agents shall:

(i) Except as otherwise directed by the director, devote fulltime to the performance of their duties in carrying out the provisions of W.S.7-13-401 through 7-13-424;

(ii) Investigate all cases referred by any court, the departmentor the board, and report to the court, department or board in writing;

(iii) Furnish to each person released on probation, parole orconditional release under his supervision a written statement of the conditionsof the probation, parole or conditional release and instruct him regarding the conditions;

(iv) Supervise the conduct of each person on probation, paroleor conditional release through personal visits, reports and other appropriatemeans, and report in writing as often as required by the court, department orboard;

(v) Use all practicable and suitable methods, not inconsistentwith the conditions imposed by the court, department or board, to aid andencourage persons on probation, parole or conditional release to bring aboutimprovement in their conditions and conduct;

(vi) Perform other duties as directed by the director.

7-13-408. Probation, parole and conditional release revocation hearingprocedures.

(a) The state probation and parole officer shall notify the departmentand the board or the appropriate court if it is determined consideration shouldbe given to retaking or reincarcerating a person under the supervision of thedepartment who has violated a condition of his probation, parole or otherconditional release. Prior to notification, a hearing shall be held inaccordance with this section within a reasonable time, unless a hearing iswaived by the probationer, parolee or conditional releasee. As soon aspracticable, following termination of any hearing, the appropriate officer oragent shall report to the department and the court or board, furnish a copy ofthe hearing record and make recommendations regarding the disposition to bemade of the probationer, parolee or conditional releasee. Pending any proceedingpursuant to this section, the appropriate agent may take custody of and detainthe probationer, parolee or conditional releasee involved for a reasonableperiod of time prior to the hearing. If it appears to the hearing officer oragent that retaking or reincarceration is likely to follow, the agent may takecustody of and detain the probationer, parolee or conditional releasee for areasonable period after the hearing or waiver as may be necessary to arrangefor the retaking or reincarceration.

(b) Any hearing pursuant to this section may be before thestate probation and parole officer, his designated hearing officer or any otherperson authorized pursuant to the laws of this state to hear cases of allegedprobation, parole or conditional release violations, except that no hearingofficer shall be the person making the allegation of violation. In cases ofalleged parole violations by persons who were paroled by the board, hearingspursuant to this section shall be before the executive director of the board orhis designated hearing officer.

(i) Shall have reasonable notice in writing of the nature andcontent of the allegations to be made including notice that the purpose of thehearing is to determine whether there is probable cause to believe that he hascommitted a violation that may lead to a revocation of probation, parole orconditional release;

(ii) Shall be permitted to consult with any persons whoseassistance he reasonably desires, prior to the hearing;

(iii) Shall have the right to confront and examine any person whohas made allegations against him, unless the hearing officer determines thatthe confrontation would present a substantial present or subsequent danger ofharm to the person;

(iv) May admit, deny or explain the violation alleged and maypresent proof, including affidavits and other evidence, in support of hiscontentions.

(d) A record of the proceedings under this section shall bemade and preserved either by stenographic means or through the use of arecording machine.

(e) The department may establish by rule and regulation asystem of imposing the administrative sanctions specified in W.S. 7-13-1107(b)as an alternative to revocation of the parole of any parolee who has violated acondition of his parole. Parolees committed to the county jail or aresidential community correctional program pursuant to this subsection shall behoused in accordance with W.S. 7-13-1107(c) or 7-18-115(b).

7-13-409. Disclosure of information and data.

All information and data obtained in thedischarge of official duties by probation and parole agents is privilegedinformation and shall not be disclosed directly or indirectly to anyone otherthan to the judge, the department or to others entitled to receive reportsunless and until otherwise ordered by the judge, board or department.

7-13-410. Notice of probation order; request for probation supervisionor report.

(a) The clerk of the court granting probation to a personconvicted of a crime shall send a certified copy of the order to the stateprobation and parole officer or, in the case of a minor, to the department offamily services.

(b) At the time of granting probation or at any later time, thecourt may request the department to provide supervision of the probationer.The probation and parole agents will not be required to supervise or report ona person granted probation unless requested to do so by the court grantingprobation.

7-13-411. Apprehension of violators.

(a) A probation and parole agent may, in the performance of hisduties:

(i) Exercise the powers of arrest provided by W.S. 7-2-102 and7-2-103(a);

(ii) Take into custody any parolee at the request of the board,the state probation and parole officer or the department of family services inthe case of a minor and detain the person for a reasonable period of timepending further proceedings under W.S. 7-13-408;

(iii) Arrest without warrant any probationer or parolee if theagent has probable cause to believe the person has violated the terms of hisprobation or parole. A person arrested under this paragraph may be detained fora reasonable period of time until a legal warrant is obtained or pendingfurther proceedings under W.S. 7-13-408.

(b) A peace officer may arrest without warrant an allegedprobation or parole violator after receiving a written statement from aprobation and parole agent setting forth that the probationer or parolee has,in the judgment of the probation and parole agent, violated the conditions ofhis probation or parole. A person arrested under this subsection may bedetained for a reasonable period of time until a legal warrant is obtained orpending further proceedings under W.S. 7-13-408.

(c) A peace officer or probation and parole agent may take intocustody and hold a person granted parole or on probation from another statewhen requested to do so by the proper authorities from the other state.

(d) A parole or probation violator apprehended by a probationand parole agent shall be accepted and held in the county jail at the requestof the agent.

(e) Any expense incurred in holding a parolee in county jail atthe request of a probation and parole agent or pending proceedings under W.S.7-13-408, including costs of shelter, food, clothing, and necessary medical,dental and hospital care and any expense for transporting the parolee shall bepaid by the department unless there are local charges pending. The per diemcost of holding parolees under this section shall be agreed upon by the sheriffand the department and shall not exceed the per diem cost of housing an inmateat the Wyoming state penitentiary.

7-13-412. Repealed By Laws 2009, Ch. 2, 1.

7-13-413. Repealed By Laws 2009, Ch. 2, 1.

7-13-414. Repealed By Laws 2009, Ch. 2, 1.

7-13-415. Repealed By Laws 2009, Ch. 2, 1.

7-13-416. Repealed By Laws 2009, Ch. 2, 1.

7-13-417. Repealed By Laws 2009, Ch. 2, 1.

7-13-418. Selection, training and powers of local volunteer;compensation.

(a) In order to further the objectives of W.S. 7-13-401through 7-13-424, the state probation and parole officer may select, organizeand train local volunteer citizens who, acting under his supervision, may:

(i) Advise and assist probation and parole agents with specialreference to vocational and technical education services for probationers andparolees;

(ii) Maintain liaison with all appropriate municipal, county,state and federal agencies whose services aid in the reintegration of offendersinto society;

(iii) Assist in programs relating to the social, moral andpsychological needs of persons released under probation and parole supervision;

(iv) Not receive compensation from the state. At the discretionof the state probation and parole officer, however, volunteers may bereimbursed for necessary and actual expenses incurred in performing the dutiesdescribed in this section.

7-13-419. Limitations on powers of volunteers.

Volunteers do not have power of arrest northe right to execute criminal process.

7-13-420. Good time allowances.

(a) The governor, after consultation with the board and thedepartment, shall adopt rules and regulations to establish a system of goodtime and special good time allowances for inmates of and parolees from anystate penal institution, any institution which houses Wyoming inmates pursuantto W.S. 7-3-401 or any correctional facility operated pursuant to a contractwith the state under W.S. 7-22-102 or inmates or parolees transferred to acommunity correctional facility pursuant to W.S. 7-18-109 or 7-18-115. Therules may provide either for good time to be deducted from the maximum sentenceor for good time to be deducted from the minimum sentence imposed by thesentencing court, or both, and may provide for the removal of previously earnedgood time allowances and the withholding of future good time allowances.

(b) The rules and regulations adopted by the governor asprovided by this section shall be filed in the office of the secretary of statebut shall at all times be considered rules relating to the internal managementof state penal institutions and not affecting private rights of inmates. Thegranting, refusal to grant, withholding or restoration of good time or specialgood time allowances to inmates shall be a matter of grace and not that ofright of inmates.

7-13-421. Restitution as condition of parole.

(a) As used in this section:

(i) "Criminal activity" means any crime for whichthere is a plea of guilty, nolo contendere or verdict of guilty upon which ajudgment of conviction may be rendered and includes any other crime which isadmitted by the defendant, whether or not prosecuted;

(ii) "Pecuniary damage" means all damages which a victimcould recover against the defendant in a civil action arising out of the samefacts or event, including damages for wrongful death. It does not includepunitive damages and damages for pain, suffering, mental anguish and loss ofconsortium;

(iii) "Restitution" means full or partial payment ofpecuniary damage to a victim; and

(iv) "Victim" means a person who has sufferedpecuniary damage as a result of a defendant's criminal activities.

(b) The board shall provide for restitution in the amountdetermined by the court pursuant to W.S. 7-9-103 unless the board finds theparolee is not reasonably capable of making the payments, in which case theboard may modify the amount of restitution to be paid, taking into account thefactors enumerated in W.S. 7-9-106. The board may require payment of thefollowing obligations as conditions of parole if it finds the parolee isreasonably capable of making the payments, taking into account the factorsenumerated in W.S. 7-9-106(a)(iii):

(i) Support of dependents of the parolee;

(ii) Court ordered fines, reimbursement for the services of thepublic defender or court appointed counsel and the surcharge imposed under W.S.1-40-119;

(iii) Costs or partial costs of evaluations, treatment, services,programs or assistance the parolee is receiving;

(iv) Cost or partial cost of supervision of the parolee imposedunder W.S. 7-13-1102(a)(iii).

(i) Modify the amount of the restitution;

(ii) Extend the parole period to accommodate the parolee'sability to pay restitution; or

(iii) Revoke the parole.

(d) The board may waive the payment of some or all of therestitution as a condition of parole if it finds the payment of some or all ofthe restitution will work an undue hardship on the parolee or his family. Ifthe victim can be located through the exercise of reasonable diligence, heshall be given notice and an opportunity to be heard prior to the board making adecision to waive some or all of the restitution under this subsection.

(e) Nothing in this section shall limit or impair the rights ofvictims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set offagainst any judgment in favor of the victim in a civil action arising out ofthe same facts or event.

(f) The fact that restitution was required or made under thissection shall not be admissible as evidence in a civil action unless offered bythe defendant.

(g) In the event a victim is not satisfied with the restitutionplan approved or modified by the board, the victim's sole and exclusive remedyis a civil action.

7-13-422. Short title.

This act may be cited as "The Interstate Compact forAdult Offender Supervision."

7-13-423. Compact provisions generally.

The interstate compact for the supervision of adultoffenders as contained herein is hereby enacted into law and entered into onbehalf of this state with any and all other states legally joining therein in aform substantially as follows.

ArticleI

Purpose

(a) The compactingstates to this interstate compact recognize that each state is responsible forthe supervision of adult offenders in the community who are authorized pursuantto the bylaws and rules of this compact to travel across state lines both toand from each compacting state in such a manner as to track the location ofoffenders, transfer supervision authority in an orderly and efficient manner,and when necessary return offenders to the originating jurisdictions. Thecompacting states also recognize that congress, by enacting the Crime ControlAct, 4 U.S.C. 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime. It is thepurpose of this compact and the interstate commission created hereunder,through means of joint and cooperative action among the compacting states: toprovide the framework for the promotion of public safety and protect the rightsof victims through the control and regulation of the interstate movement ofoffenders in the community; to provide for the effective tracking, supervisionand rehabilitation of these offenders by the sending and receiving states; andto equitably distribute the costs, benefits and obligations of the compactamong the compacting states. In addition, this compact will: create aninterstate commission which will establish uniform procedures to manage themovement between states of adults placed under community supervision andreleased to the community under the jurisdiction of courts, parolingauthorities, corrections or other criminal justice agencies which willpromulgate rules to achieve the purpose of this compact; ensure an opportunityfor input and timely notice to victims and to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines; establisha system of uniform data collection, access to information on active cases,subject to state laws, by authorized criminal justice officials and regularreporting of compact activities to heads of state councils, state executive,judicial and legislative branches and criminal justice administrators; monitorcompliance with rules governing interstate movement of offenders and initiateinterventions to address and correct noncompliance; and coordinate training andeducation regarding regulations of interstate movement of offenders forofficials involved in such activity.

(b) The compactingstates recognize that there is no "right" of any offender to live inanother state and that duly accredited officers of a sending state may at alltimes enter a receiving state and there apprehend and retake any offender undersupervision subject to the provisions of state laws, this compact and bylawsand rules promulgated hereunder. It is the policy of the compacting states thatthe activities conducted by the interstate commission created herein are theformation of public policies and are therefore public business.

ArticleII

Definitions

(a) As used in thiscompact, unless the context clearly requires a different construction:

(i) "Adult"means both individuals legally classified as adults and juveniles treated asadults by court order, statute or operation of law;

(ii) "By-laws" mean those by-laws established by the interstate commissionfor its governance or for directing or controlling the interstate commission'sactions or conduct;

(iii) "Compactadministrator" means the individual in each compacting state appointedpursuant to the terms of this compact responsible for the administration andmanagement of the state's supervision and transfer of offenders subject to theterms of this compact, the rules adopted by the interstate commission andpolicies adopted by the state council under this compact;

(iv) "Compactingstate" means any state which has enacted the enabling legislation for thiscompact;

(v) "Commissioner" means the voting representative of each compactingstate appointed pursuant to Article III of this compact;

(vi) "Interstatecommission" means the interstate commission for adult offender supervisionestablished by this compact;

(vii) "Member" means the commissioner of a compacting state or designee,who shall be a person officially connected with the commissioner;

(viii) "Noncompacting state" means any state which has not enacted theenabling legislation for this compact;

(ix) "Offender" means an adult placed under, or subject to, supervision asthe result of the commission of a criminal offense and released to thecommunity under the jurisdiction of courts, paroling authorities, correctionsor other criminal justice agencies;

(x) "Person"means any individual, corporation, business enterprise or other legal entity,either public or private;

(xi) "Rules"means acts of the interstate commission, duly promulgated pursuant to ArticleVIII of this compact, substantially affecting interested parties in addition tothe interstate commission, which shall have the force and effect of law in thecompacting states;

(xii) "State" means a state of the United States, the District of Columbiaand any other territorial possessions of the United States; and

(xiii) "Statecouncil" means the resident members of the state council for interstate adultoffender supervision created by each state under Article III of this compact.

ArticleIII

TheCompact Commission

(a) The compactingstates hereby create the "interstate commission for adult offendersupervision." The interstate commission shall be a body corporate andjoint agency of the compacting states. The interstate commission shall have allthe responsibilities, powers and duties set forth herein, including the powerto sue and be sued and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states inaccordance with the terms of this compact.

(b) The interstatecommission shall consist of commissioners selected and appointed by residentmembers of a state council for interstate adult offender supervision for eachstate.

(c) In addition to thecommissioners who are the voting representatives of each state, the interstatecommission shall include individuals who are not commissioners but who aremembers of interested organizations; such noncommissioner members must includea member of the national organizations of governors, legislators, state chiefjustices, attorneys general and crime victims. All noncommissioner members ofthe interstate commission shall be ex-officio (nonvoting) members. Theinterstate commission may provide in its by-laws for such additional,ex-officio, nonvoting members as it deems necessary.

(d) Each compactingstate represented at any meeting of the interstate commission is entitled toone (1) vote. A majority of the compacting states shall constitute a quorum forthe transaction of business, unless a larger quorum is required by the by-lawsof the interstate commission. The interstate commission shall meet at leastonce each calendar year. The chairperson may call additional meetings and, uponthe request of twenty-seven (27) or more compacting states, shall calladditional meetings. Public notice shall be given of all meetings and meetingsshall be open to the public.

(e) The interstatecommission shall establish an executive committee which shall includecommission officers, members and others as shall be determined by the by-laws.The executive committee shall have the power to act on behalf of the interstatecommission during periods when the interstate commission is not in session,with the exception of rulemaking and amendment to the compact. The executivecommittee oversees the day-to-day activities managed by the executive directorand interstate commission staff; administers enforcement and compliance withthe provisions of the compact, its by-laws and as directed by the interstatecommission and performs other duties as directed by the interstate commissionor set forth in the by-laws.

ArticleIV

TheState Council

Each member state shall create a statecouncil for interstate adult offender supervision which shall be responsiblefor the appointment of the commissioner who shall serve on the interstatecommission from that state. Each state council shall appoint as itscommissioner the compact administrator from that state to serve on theinterstate commission in such capacity under or pursuant to applicable law ofthe member state. While each member state may determine the membership of itsown state council, its membership shall consist of one (1) member of thelegislature appointed on an alternating basis by the president of the senateand speaker of the house, with the president appointing the first member. Thejudicial planning and administrative council shall appoint one (1) member. Thereshall be one (1) representative of victims groups and two (2) members from theexecutive branch appointed by the governor. The appointments shall be made fortwo (2) year terms beginning on the enactment of the interstate compact foradult offender supervision into law by the thirty-fifth jurisdiction or July 1,2001, whichever date occurs later. The department of corrections shall providesupport for the council and expenses as provided for in W.S. 9-3-102 and9-3-103. Each compacting state retains the right to determine thequalifications of the compact administrator who shall be appointed by thegovernor. In addition to appointment of its commissioner to the nationalinterstate commission, each state council shall exercise oversight and advocacyconcerning its participation in interstate commission activities and otherduties as may be determined by each member state, including but not limited to,development of policy concerning operations and procedures of the compactwithin that state.

ArticleV

Powersand Duties of the Interstate Commission

(a) The interstatecommission shall have the following powers:

(i) To adopt a seal andsuitable by-laws governing the management and operation of the interstatecommission;