State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter18

CHAPTER 18 - COMMUNITY CORRECTIONS

 

7-18-101. Short title.

 

This act shall be known and may be cited asthe "Adult Community Corrections Act".

 

7-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Adult community correctional facility orprogram" means a community based or community-oriented facility or programwhich is operated either by a unit of local government or by a nongovernmentalagency which:

 

(A) May provide residential and nonresidential accommodationsand services for offenders, parolees and inmates;

 

(B) Provides programs and services to aid offenders, paroleesand inmates in obtaining and holding regular employment, in enrolling in andmaintaining academic courses, in participating in vocational training programs,in utilizing the resources of the community in meeting their personal andfamily needs and in participating in whatever specialized treatment programsexist within the community; and

 

(C) Provides supervision for offenders, parolees and inmates asrequired.

 

(ii) "Corrections board" means a community correctionsboard created pursuant to this act;

 

(iii) "Inmate" means an adult serving a felony sentencein any state penal institution or any correctional facility operated pursuantto a contract under W.S. 7-22-102, excluding any inmate who:

 

(A) At the time of consideration has any criminal proceedingspending against him which could affect his status as an inmate;

 

(B) Has been convicted of first degree murder;

 

(C) Is serving a term of life imprisonment; or

 

(D) Has been sentenced to death.

 

(iv) "Nongovernmental agency" means any person ororganization other than a unit of local government and includes private profitand not for profit organizations;

 

(v) "Offender" means an adult who has entered a pleaof guilty or has been convicted of a misdemeanor punishable by imprisonment ora felony, excluding any person who:

 

(A) At the time of consideration has any other felony criminalproceedings pending against him;

 

(B) Has been convicted of, or pled guilty to, first degreemurder;

 

(C) Has been convicted of, or pled guilty to, a crimepunishable by life imprisonment; or

 

(D) Has been convicted of, or pled guilty to, a crimepunishable by death.

 

(vi) "Unit of local government" means a county, cityor town;

 

(vii) "Department" means the state department ofcorrections;

 

(viii) "Parolee" means an adult who has been grantedparole under W.S. 7-13-402;

 

(ix) "This act" means W.S. 7-18-101 through 7-18-115.

 

7-18-103. Establishment and operation of facilities and programs bylocal governments; screening procedures; acceptance or rejection of offenders,parolees or inmates.

 

(a) Any unit of local government may establish, maintain andoperate adult community correctional facilities and programs deemed necessaryto serve its own needs and may enter into contracts or agreements with acorrections board for the placement of offenders, parolees and inmates in itsadult community correctional facility or program.

 

(b) The unit of local government shall establish procedures forscreening offenders, parolees and inmates who are to be placed in its adult communitycorrectional facility or program. The screening shall take into account therisk the offender, parolee or inmate may present to himself and others as wellas the aptitude, attitude and social and occupational skills of the offender,parolee or inmate.

 

(c) The unit of local government has the authority to accept,reject or reject after acceptance the placement of any offender, parolee orinmate in its adult community correctional facility or program pursuant to anycontract or agreement with a corrections board. If an offender, parolee orinmate is rejected by the unit of local government after initial acceptance,the offender, parolee or inmate shall remain in the custody of the unit oflocal government for a reasonable period of time pending receipt of appropriateorders for transfer of the offender, parolee or inmate.

 

7-18-104. Establishment and operation of facilities or programs bynongovernmental agencies; required governmental approval; acceptance orrejection of offenders, parolees or inmates.

 

(a) If approved as provided in subsection (b) of this section,a nongovernmental agency may establish, maintain and operate an adult communitycorrectional facility and program and may contract with a corrections board toprovide services to offenders, parolees and inmates.

 

(b) The establishment of any nongovernmental adult communitycorrectional facility or program shall be subject to approval of the board ofcounty commissioners of the county and the governing body of the city or townin which the proposed facility or the situs of the program is to be located.Approval or denial of the establishment of the facility or program shall bemade only after consultation with the corrections board and the department.

 

(c) The nongovernmental agency operating an adult communitycorrectional facility or program has the authority to accept, reject or rejectafter acceptance the placement of any offender, parolee or inmate in itsfacility or program pursuant to any contract or agreement with a corrections board.If an offender, parolee or inmate is rejected by the nongovernmental agencyafter initial acceptance, the offender, parolee or inmate shall remain in thecustody of the nongovernmental agency for a reasonable period of time pendingreceipt of appropriate orders for transfer of the offender, parolee or inmate.

 

7-18-105. Establishment of county boards; membership; terms of office;compensation; meetings; officers.

 

 

(a) A county may establish, or two (2) or more counties mayagree to establish jointly, a community corrections board in accordance withthis act.

 

(b) A corrections board shall consist of nine (9) membersappointed by the county commissioners. When two (2) or more counties haveagreed to establish a corrections board, the county commissioners of eachparticipating county shall appoint members as provided in the agreement of thecounties. The corrections board shall be composed of:

 

(i) One (1) district judge designated by the chief justice ofthe Wyoming supreme court;

 

(ii) One (1) prosecuting attorney;

 

(iii) One (1) municipal law enforcement officer;

 

(iv) One (1) county law enforcement officer;

 

(v) One (1) probation and parole officer; and

 

(vi) Four (4) lay citizens, no more than two (2) of whom shallbe from the same county if the corrections board is established by two (2) ormore counties. If the community corrections board is established for a countyin which a community college is located, one (1) of the four (4) lay citizenmembers shall be a representative of the community college.

 

(c) Members of community corrections boards shall serve forrotating terms of four (4) years. Of the members first appointed, one-third(1/3) shall be appointed for two (2) years, one-third (1/3) for three (3) yearsand one-third (1/3) for four (4) years.

 

(d) Members of a corrections board shall serve withoutcompensation.

 

(e) A majority of the corrections board constitutes a quorum.All actions of the corrections board shall be approved by a majority of thosepresent at the meeting.

 

(f) A corrections board shall annually elect from its members achairman to preside at meetings, a secretary to maintain the records and afinance officer who shall file with the board a bond with an approved corporatesurety in the penal sum designated by the corrections board.

 

7-18-106. Powers and duties of boards.

 

(a) Subject to this act, a corrections board may:

 

(i) Contract with the department to accept offenders, paroleesand inmates for placement in an adult community correctional facility orprogram operating under a contract for services with the corrections boardwithin the county or counties served by the corrections board;

 

(ii) Repealed By Laws 2003, Ch. 42, 2.

 

(iii) Accept, reject or reject after acceptance the placementpursuant to a contract with the department, of any offender, parolee or inmatein an adult community correctional facility or program. If an offender, paroleeor inmate is rejected by the corrections board after initial acceptance, theoffender, parolee or inmate shall be placed in the custody of a sheriff of acounty served by the corrections board for a reasonable period of time pendingreceipt of appropriate orders for the transfer of the offender, parolee orinmate.

 

(b) A corrections board shall:

 

(i) Screen all offenders, parolees and inmates proposed to beplaced in an adult community correctional facility or program taking intoaccount the potential risk resulting from the placement of the offender,parolee or inmate as well as the aptitude, attitude and social and occupationalskills of the offender, parolee or inmate;

 

(ii) Review, inspect and evaluate all adult communitycorrectional facilities and programs operating within the county or countiesserved by the corrections board; and

 

(iii) If the offender is a convicted misdemeanant, obtain fundingfor the placement from nonstate sources.

 

(c) Notwithstanding W.S. 1-39-101 through 1-39-120 or any otherprovision of law and except for intentional torts or illegal acts, acorrections board and its members are immune from any liability, either as aboard or individually, for any actions or omissions by the board or any memberthereof pursuant to this act.

 

7-18-107. Required guidelines in contracts; review by localgovernment.

 

(a) Every contract for services entered into pursuant to thisact between a corrections board and a local unit of government or anongovernmental agency shall provide guidelines for the operation of the adultcommunity correctional facility or program and minimum standards for theservices provided, including:

 

(i) Requirements for strict accountability procedures andpractices for the conduct and supervision of offenders, parolees and inmatesincluding requirements for twenty-four (24) hour supervision of offenders,parolees and inmates in residential programs;

 

(ii) Guidelines for service providers to perform periodic andunscheduled tests to determine the use of drugs by offenders, parolees andinmates; and

 

(iii) Guidelines for service providers to develop individual treatmentplans for each offender, parolee or inmate.

 

(b) Prior to entering into agreement or contract with anynongovernmental adult community corrections agency, the corrections board shallsubmit the agreement or contract and any proposed guidelines for the use of anyprogram or facility to the department and the governing body of any affectedunit of local government for its review and recommendations.

 

7-18-108. Placement of offender in program by court; placement bydepartment as administrative sanction.

 

(a) Subject to subsection (b) of this section, following aneligible adult offender's conviction or his plea of guilty, the sentencingcourt may, as a condition of probation, order that the offender participate ina residential or nonresidential adult community correctional program during allor any part of his term of probation.

 

(b) Placement of an offender in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The adult community correctional facility or program isoperated by a governmental unit or a nongovernmental agency which has enteredinto a contract with the corrections board serving the county in which thedefendant is sentenced and the corrections board has contracted with thedepartment to provide adult community correctional services for offenders;

 

(ii) Funding for the placement is available; and

 

(iii) The offender is acceptable to the corrections board.

 

(c) Prior to the placement of an offender in anynongovernmental adult community correctional facility, the sentencing judgeshall notify or cause to be notified the law enforcement agencies of affectedunits of local government concerning the identity of the offender to be placed.

 

(d) The probation and parole officers for the judicial districtshall be responsible for including in the presentence report to the sentencingjudge recommendations for the utilization of any governmental ornongovernmental adult community correctional facility or program which has beenapproved for use by the corrections board.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all offenders placed in adultcommunity correctional facilities or programs under this section.

 

(f) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyprobationer participating in an intensive supervision program who violates therules and restrictions of the program to participate in a residential adultcommunity correctional program for a period not to exceed sixty (60) days as analternative to probation revocation.

 

7-18-109. Transfer of inmate to facility by department.

 

(a) Subject to subsection (b) of this section, and upon recommendationof the warden or superintendent of the institution, the department may transferan adult inmate to a residential adult community correctional facility.

 

(b) A transfer of an inmate to a residential adult communitycorrectional facility under this section may be made only if:

 

(i) The department determines the inmate poses a low risk ofescape or violence;

 

(ii) The inmate is eligible under W.S. 7-18-102(a)(iii);

 

(iii) The inmate is within at least twenty-four (24) months ofhis parole eligibility date and his conduct during his confinement has beensuch that he is appropriate for placement;

 

(iv) The residential adult community correctional facility isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof pre-parole inmates;

 

(v) The inmate has been accepted by the corrections board;

 

(vi) Funding for the placement is available; and

 

(vii) The department determines the correctional needs of theinmate will be better served by the transfer.

 

(c) Prior to the placement of an inmate in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the inmate to be placed.

 

(d) No inmate shall be transferred to a residential adultcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the department. Approval of a transfer under thissection is not a discharge of the inmate but shall be construed as an extensionof the limits of confinement of the institution to which the inmate wascommitted. The department may revoke the approval of the transfer of an inmateunder this section at any time for violation by the inmate of any conditions ofthe placement. Upon revocation the inmate shall be returned to the physicalcustody of the department.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all inmates in adult communitycorrectional facilities or programs under this section.

 

7-18-110. Authority of department of corrections to contract forservices.

 

(a) Subject to legislative appropriation, the department may,by negotiation without competitive bids or by competitive bidding, contractwith any community corrections board created under this act, to provideservices for:

 

(i) Convicted felony offenders ordered by a sentencing court toparticipate in adult community correctional facilities or programs as acondition of probation;

 

(ii) Inmates transferred to a residential adult communitycorrectional facility by the department pursuant to W.S. 7-18-109; or

 

(iii) Parolees required to participate in a residential ornonresidential adult community correctional program as a condition of parolepursuant to W.S. 7-18-115.

 

(b) No inmate, parolee or offender shall be deemed to be athird party beneficiary of, or to be otherwise entitled to enforce anyprovision of, any contract entered into under subsection (a) of this section.

 

7-18-111. Duties of department of corrections.

 

(a) The department shall:

 

(i) Establish minimum facility standards for residential adultcommunity correctional facilities operated by any entity receiving funds underthis act;

 

(ii) Establish minimum standards for adult communitycorrectional programs;

 

(iii) Review and evaluate all adult community correctionalfacilities and programs funded under this act;

 

(iv) Prescribe accounting and reporting standards for allprogram providers under this act;

 

(v) Establish a per diem rate to be paid program providersunder this act which shall not exceed the daily cost of keeping an inmate atthe Wyoming state penitentiary;

 

(vi) Promulgate rules and regulations reasonably necessary tocarry out the provisions of this act.

 

7-18-112. Escape.

 

(a) An offender, parolee or an inmate is deemed guilty of escapefrom official detention and shall be punished as provided by W.S. 6-5-206(a)(i)if, without proper authorization, he:

 

(i) Fails to remain within the extended limits of hisconfinement or to return within the time prescribed to an adult community correctionalfacility to which he was assigned or transferred; or

 

(ii) Being a participant in a program established under theprovisions of this act he leaves his place of employment or fails or neglectsto return to the adult community correctional facility within the timeprescribed or when specifically ordered to do so.

 

7-18-113. Confinement of violators.

 

If the administrator of an adult communitycorrectional facility or any other appropriate supervising authority has causeto believe that an offender, parolee or inmate placed in an adult communitycorrectional facility has violated any rule or condition of that person'splacement in that facility or any term of post-release supervision or cannot besafely housed in that facility, the administrator or other authority shallcertify to the department the facts which are the basis for the belief andexecute a transfer order to the sheriff of the county in which the facility islocated, who shall confine the offender, parolee or inmate in the county jailpending a determination by the appropriate judicial or executive authorities asto whether or not the offender, parolee or inmate shall remain in communitycorrections.

 

7-18-114. Record and disbursement of wages; exemption from process;confidentiality of amount.

 

(a) Wages earned by an inmate, parolee or offender while in anadult community corrections program shall be retained and accounted for by theprogram operator and shall be disbursed for the purposes provided in thissubsection and in the order specified:

 

(i) Personal necessities;

 

(ii) Room and board to the program operator at a rate to beestablished by the department;

 

(iii) Support of dependent relations;

 

(iv) Court ordered restitution, fines, sanctions andreimbursement for the services of public defender or court appointed counsel,the surcharge imposed under W.S. 1-40-119 and victims compensation obligationsunder W.S. 1-40-112(g);

 

(v) Repealed By Laws 1999, ch. 62, 2.

 

(vi) Costs of health insurance; and

 

(vii) Remaining funds shall be paid to the inmate, parolee oroffender upon parole or final discharge.

 

(b) Wages earned by offenders, other than parolees or inmates,while in a residential adult community corrections program shall be retainedand accounted for by the program operator and shall be disbursed only for thepurposes and in the order specified in subsection (a) of this section unlessotherwise ordered by the sentencing court. Any remaining funds shall be paid tothe offender upon his satisfactory discharge from the program. Upon revocationof an offender's probation, the program operator shall forward any remainingfunds to the court or to the institution to which the offender is sentenced asdirected by the court.

 

(c) Program operators shall keep an accurate record and accountof all wages earned by inmates, parolees and offenders pursuant to the rulespromulgated by the department.

 

(d) The earnings of inmates under this act are not subject togarnishment, attachment or execution.

 

(e) Information relating to the amount of wages earned by aninmate, parolee or offender in an adult community corrections program isconfidential and is not subject to public inspection.

 

7-18-115. Assignment of parolee to program by state board of parole;placement by department as administrative sanction.

 

(a) Subject to subsection (b) of this section, the state boardof parole may, as a condition of parole, require a parolee to participate in aresidential or nonresidential adult community correctional program during all orany part of his term of parole.

 

(b) Placement of a parolee in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The state board of parole determines the inmate poses a lowrisk of escape or violence;

 

(ii) The adult community correctional facility or program isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof parolees;

 

(iii) The parolee has been accepted by the corrections board; and

 

(iv) Funding for the placement is available.

 

(c) Prior to the placement of a parolee in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the parolee to be placed.

 

(d) No parolee shall be paroled to an adult residentialcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the state board of parole and the department.

 

(e) The state board of parole may revoke a parolee's parole atany time for violation by the parolee of any conditions of the placement underthis section. Upon revocation, the parolee shall be returned to the physicalcustody of the department.

 

(f) The probation and parole officers for the judicial districtshall have general supervisory authority over all parolees placed in adultcommunity correctional facilities or programs under this section.

 

(g) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyparolee participating in an intensive supervision program who violates therules and restrictions of the program to participate in an adult residentialcommunity correctional program for a period not to exceed sixty (60) days as analternative to parole revocation.

 

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter18

CHAPTER 18 - COMMUNITY CORRECTIONS

 

7-18-101. Short title.

 

This act shall be known and may be cited asthe "Adult Community Corrections Act".

 

7-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Adult community correctional facility orprogram" means a community based or community-oriented facility or programwhich is operated either by a unit of local government or by a nongovernmentalagency which:

 

(A) May provide residential and nonresidential accommodationsand services for offenders, parolees and inmates;

 

(B) Provides programs and services to aid offenders, paroleesand inmates in obtaining and holding regular employment, in enrolling in andmaintaining academic courses, in participating in vocational training programs,in utilizing the resources of the community in meeting their personal andfamily needs and in participating in whatever specialized treatment programsexist within the community; and

 

(C) Provides supervision for offenders, parolees and inmates asrequired.

 

(ii) "Corrections board" means a community correctionsboard created pursuant to this act;

 

(iii) "Inmate" means an adult serving a felony sentencein any state penal institution or any correctional facility operated pursuantto a contract under W.S. 7-22-102, excluding any inmate who:

 

(A) At the time of consideration has any criminal proceedingspending against him which could affect his status as an inmate;

 

(B) Has been convicted of first degree murder;

 

(C) Is serving a term of life imprisonment; or

 

(D) Has been sentenced to death.

 

(iv) "Nongovernmental agency" means any person ororganization other than a unit of local government and includes private profitand not for profit organizations;

 

(v) "Offender" means an adult who has entered a pleaof guilty or has been convicted of a misdemeanor punishable by imprisonment ora felony, excluding any person who:

 

(A) At the time of consideration has any other felony criminalproceedings pending against him;

 

(B) Has been convicted of, or pled guilty to, first degreemurder;

 

(C) Has been convicted of, or pled guilty to, a crimepunishable by life imprisonment; or

 

(D) Has been convicted of, or pled guilty to, a crimepunishable by death.

 

(vi) "Unit of local government" means a county, cityor town;

 

(vii) "Department" means the state department ofcorrections;

 

(viii) "Parolee" means an adult who has been grantedparole under W.S. 7-13-402;

 

(ix) "This act" means W.S. 7-18-101 through 7-18-115.

 

7-18-103. Establishment and operation of facilities and programs bylocal governments; screening procedures; acceptance or rejection of offenders,parolees or inmates.

 

(a) Any unit of local government may establish, maintain andoperate adult community correctional facilities and programs deemed necessaryto serve its own needs and may enter into contracts or agreements with acorrections board for the placement of offenders, parolees and inmates in itsadult community correctional facility or program.

 

(b) The unit of local government shall establish procedures forscreening offenders, parolees and inmates who are to be placed in its adult communitycorrectional facility or program. The screening shall take into account therisk the offender, parolee or inmate may present to himself and others as wellas the aptitude, attitude and social and occupational skills of the offender,parolee or inmate.

 

(c) The unit of local government has the authority to accept,reject or reject after acceptance the placement of any offender, parolee orinmate in its adult community correctional facility or program pursuant to anycontract or agreement with a corrections board. If an offender, parolee orinmate is rejected by the unit of local government after initial acceptance,the offender, parolee or inmate shall remain in the custody of the unit oflocal government for a reasonable period of time pending receipt of appropriateorders for transfer of the offender, parolee or inmate.

 

7-18-104. Establishment and operation of facilities or programs bynongovernmental agencies; required governmental approval; acceptance orrejection of offenders, parolees or inmates.

 

(a) If approved as provided in subsection (b) of this section,a nongovernmental agency may establish, maintain and operate an adult communitycorrectional facility and program and may contract with a corrections board toprovide services to offenders, parolees and inmates.

 

(b) The establishment of any nongovernmental adult communitycorrectional facility or program shall be subject to approval of the board ofcounty commissioners of the county and the governing body of the city or townin which the proposed facility or the situs of the program is to be located.Approval or denial of the establishment of the facility or program shall bemade only after consultation with the corrections board and the department.

 

(c) The nongovernmental agency operating an adult communitycorrectional facility or program has the authority to accept, reject or rejectafter acceptance the placement of any offender, parolee or inmate in itsfacility or program pursuant to any contract or agreement with a corrections board.If an offender, parolee or inmate is rejected by the nongovernmental agencyafter initial acceptance, the offender, parolee or inmate shall remain in thecustody of the nongovernmental agency for a reasonable period of time pendingreceipt of appropriate orders for transfer of the offender, parolee or inmate.

 

7-18-105. Establishment of county boards; membership; terms of office;compensation; meetings; officers.

 

 

(a) A county may establish, or two (2) or more counties mayagree to establish jointly, a community corrections board in accordance withthis act.

 

(b) A corrections board shall consist of nine (9) membersappointed by the county commissioners. When two (2) or more counties haveagreed to establish a corrections board, the county commissioners of eachparticipating county shall appoint members as provided in the agreement of thecounties. The corrections board shall be composed of:

 

(i) One (1) district judge designated by the chief justice ofthe Wyoming supreme court;

 

(ii) One (1) prosecuting attorney;

 

(iii) One (1) municipal law enforcement officer;

 

(iv) One (1) county law enforcement officer;

 

(v) One (1) probation and parole officer; and

 

(vi) Four (4) lay citizens, no more than two (2) of whom shallbe from the same county if the corrections board is established by two (2) ormore counties. If the community corrections board is established for a countyin which a community college is located, one (1) of the four (4) lay citizenmembers shall be a representative of the community college.

 

(c) Members of community corrections boards shall serve forrotating terms of four (4) years. Of the members first appointed, one-third(1/3) shall be appointed for two (2) years, one-third (1/3) for three (3) yearsand one-third (1/3) for four (4) years.

 

(d) Members of a corrections board shall serve withoutcompensation.

 

(e) A majority of the corrections board constitutes a quorum.All actions of the corrections board shall be approved by a majority of thosepresent at the meeting.

 

(f) A corrections board shall annually elect from its members achairman to preside at meetings, a secretary to maintain the records and afinance officer who shall file with the board a bond with an approved corporatesurety in the penal sum designated by the corrections board.

 

7-18-106. Powers and duties of boards.

 

(a) Subject to this act, a corrections board may:

 

(i) Contract with the department to accept offenders, paroleesand inmates for placement in an adult community correctional facility orprogram operating under a contract for services with the corrections boardwithin the county or counties served by the corrections board;

 

(ii) Repealed By Laws 2003, Ch. 42, 2.

 

(iii) Accept, reject or reject after acceptance the placementpursuant to a contract with the department, of any offender, parolee or inmatein an adult community correctional facility or program. If an offender, paroleeor inmate is rejected by the corrections board after initial acceptance, theoffender, parolee or inmate shall be placed in the custody of a sheriff of acounty served by the corrections board for a reasonable period of time pendingreceipt of appropriate orders for the transfer of the offender, parolee orinmate.

 

(b) A corrections board shall:

 

(i) Screen all offenders, parolees and inmates proposed to beplaced in an adult community correctional facility or program taking intoaccount the potential risk resulting from the placement of the offender,parolee or inmate as well as the aptitude, attitude and social and occupationalskills of the offender, parolee or inmate;

 

(ii) Review, inspect and evaluate all adult communitycorrectional facilities and programs operating within the county or countiesserved by the corrections board; and

 

(iii) If the offender is a convicted misdemeanant, obtain fundingfor the placement from nonstate sources.

 

(c) Notwithstanding W.S. 1-39-101 through 1-39-120 or any otherprovision of law and except for intentional torts or illegal acts, acorrections board and its members are immune from any liability, either as aboard or individually, for any actions or omissions by the board or any memberthereof pursuant to this act.

 

7-18-107. Required guidelines in contracts; review by localgovernment.

 

(a) Every contract for services entered into pursuant to thisact between a corrections board and a local unit of government or anongovernmental agency shall provide guidelines for the operation of the adultcommunity correctional facility or program and minimum standards for theservices provided, including:

 

(i) Requirements for strict accountability procedures andpractices for the conduct and supervision of offenders, parolees and inmatesincluding requirements for twenty-four (24) hour supervision of offenders,parolees and inmates in residential programs;

 

(ii) Guidelines for service providers to perform periodic andunscheduled tests to determine the use of drugs by offenders, parolees andinmates; and

 

(iii) Guidelines for service providers to develop individual treatmentplans for each offender, parolee or inmate.

 

(b) Prior to entering into agreement or contract with anynongovernmental adult community corrections agency, the corrections board shallsubmit the agreement or contract and any proposed guidelines for the use of anyprogram or facility to the department and the governing body of any affectedunit of local government for its review and recommendations.

 

7-18-108. Placement of offender in program by court; placement bydepartment as administrative sanction.

 

(a) Subject to subsection (b) of this section, following aneligible adult offender's conviction or his plea of guilty, the sentencingcourt may, as a condition of probation, order that the offender participate ina residential or nonresidential adult community correctional program during allor any part of his term of probation.

 

(b) Placement of an offender in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The adult community correctional facility or program isoperated by a governmental unit or a nongovernmental agency which has enteredinto a contract with the corrections board serving the county in which thedefendant is sentenced and the corrections board has contracted with thedepartment to provide adult community correctional services for offenders;

 

(ii) Funding for the placement is available; and

 

(iii) The offender is acceptable to the corrections board.

 

(c) Prior to the placement of an offender in anynongovernmental adult community correctional facility, the sentencing judgeshall notify or cause to be notified the law enforcement agencies of affectedunits of local government concerning the identity of the offender to be placed.

 

(d) The probation and parole officers for the judicial districtshall be responsible for including in the presentence report to the sentencingjudge recommendations for the utilization of any governmental ornongovernmental adult community correctional facility or program which has beenapproved for use by the corrections board.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all offenders placed in adultcommunity correctional facilities or programs under this section.

 

(f) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyprobationer participating in an intensive supervision program who violates therules and restrictions of the program to participate in a residential adultcommunity correctional program for a period not to exceed sixty (60) days as analternative to probation revocation.

 

7-18-109. Transfer of inmate to facility by department.

 

(a) Subject to subsection (b) of this section, and upon recommendationof the warden or superintendent of the institution, the department may transferan adult inmate to a residential adult community correctional facility.

 

(b) A transfer of an inmate to a residential adult communitycorrectional facility under this section may be made only if:

 

(i) The department determines the inmate poses a low risk ofescape or violence;

 

(ii) The inmate is eligible under W.S. 7-18-102(a)(iii);

 

(iii) The inmate is within at least twenty-four (24) months ofhis parole eligibility date and his conduct during his confinement has beensuch that he is appropriate for placement;

 

(iv) The residential adult community correctional facility isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof pre-parole inmates;

 

(v) The inmate has been accepted by the corrections board;

 

(vi) Funding for the placement is available; and

 

(vii) The department determines the correctional needs of theinmate will be better served by the transfer.

 

(c) Prior to the placement of an inmate in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the inmate to be placed.

 

(d) No inmate shall be transferred to a residential adultcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the department. Approval of a transfer under thissection is not a discharge of the inmate but shall be construed as an extensionof the limits of confinement of the institution to which the inmate wascommitted. The department may revoke the approval of the transfer of an inmateunder this section at any time for violation by the inmate of any conditions ofthe placement. Upon revocation the inmate shall be returned to the physicalcustody of the department.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all inmates in adult communitycorrectional facilities or programs under this section.

 

7-18-110. Authority of department of corrections to contract forservices.

 

(a) Subject to legislative appropriation, the department may,by negotiation without competitive bids or by competitive bidding, contractwith any community corrections board created under this act, to provideservices for:

 

(i) Convicted felony offenders ordered by a sentencing court toparticipate in adult community correctional facilities or programs as acondition of probation;

 

(ii) Inmates transferred to a residential adult communitycorrectional facility by the department pursuant to W.S. 7-18-109; or

 

(iii) Parolees required to participate in a residential ornonresidential adult community correctional program as a condition of parolepursuant to W.S. 7-18-115.

 

(b) No inmate, parolee or offender shall be deemed to be athird party beneficiary of, or to be otherwise entitled to enforce anyprovision of, any contract entered into under subsection (a) of this section.

 

7-18-111. Duties of department of corrections.

 

(a) The department shall:

 

(i) Establish minimum facility standards for residential adultcommunity correctional facilities operated by any entity receiving funds underthis act;

 

(ii) Establish minimum standards for adult communitycorrectional programs;

 

(iii) Review and evaluate all adult community correctionalfacilities and programs funded under this act;

 

(iv) Prescribe accounting and reporting standards for allprogram providers under this act;

 

(v) Establish a per diem rate to be paid program providersunder this act which shall not exceed the daily cost of keeping an inmate atthe Wyoming state penitentiary;

 

(vi) Promulgate rules and regulations reasonably necessary tocarry out the provisions of this act.

 

7-18-112. Escape.

 

(a) An offender, parolee or an inmate is deemed guilty of escapefrom official detention and shall be punished as provided by W.S. 6-5-206(a)(i)if, without proper authorization, he:

 

(i) Fails to remain within the extended limits of hisconfinement or to return within the time prescribed to an adult community correctionalfacility to which he was assigned or transferred; or

 

(ii) Being a participant in a program established under theprovisions of this act he leaves his place of employment or fails or neglectsto return to the adult community correctional facility within the timeprescribed or when specifically ordered to do so.

 

7-18-113. Confinement of violators.

 

If the administrator of an adult communitycorrectional facility or any other appropriate supervising authority has causeto believe that an offender, parolee or inmate placed in an adult communitycorrectional facility has violated any rule or condition of that person'splacement in that facility or any term of post-release supervision or cannot besafely housed in that facility, the administrator or other authority shallcertify to the department the facts which are the basis for the belief andexecute a transfer order to the sheriff of the county in which the facility islocated, who shall confine the offender, parolee or inmate in the county jailpending a determination by the appropriate judicial or executive authorities asto whether or not the offender, parolee or inmate shall remain in communitycorrections.

 

7-18-114. Record and disbursement of wages; exemption from process;confidentiality of amount.

 

(a) Wages earned by an inmate, parolee or offender while in anadult community corrections program shall be retained and accounted for by theprogram operator and shall be disbursed for the purposes provided in thissubsection and in the order specified:

 

(i) Personal necessities;

 

(ii) Room and board to the program operator at a rate to beestablished by the department;

 

(iii) Support of dependent relations;

 

(iv) Court ordered restitution, fines, sanctions andreimbursement for the services of public defender or court appointed counsel,the surcharge imposed under W.S. 1-40-119 and victims compensation obligationsunder W.S. 1-40-112(g);

 

(v) Repealed By Laws 1999, ch. 62, 2.

 

(vi) Costs of health insurance; and

 

(vii) Remaining funds shall be paid to the inmate, parolee oroffender upon parole or final discharge.

 

(b) Wages earned by offenders, other than parolees or inmates,while in a residential adult community corrections program shall be retainedand accounted for by the program operator and shall be disbursed only for thepurposes and in the order specified in subsection (a) of this section unlessotherwise ordered by the sentencing court. Any remaining funds shall be paid tothe offender upon his satisfactory discharge from the program. Upon revocationof an offender's probation, the program operator shall forward any remainingfunds to the court or to the institution to which the offender is sentenced asdirected by the court.

 

(c) Program operators shall keep an accurate record and accountof all wages earned by inmates, parolees and offenders pursuant to the rulespromulgated by the department.

 

(d) The earnings of inmates under this act are not subject togarnishment, attachment or execution.

 

(e) Information relating to the amount of wages earned by aninmate, parolee or offender in an adult community corrections program isconfidential and is not subject to public inspection.

 

7-18-115. Assignment of parolee to program by state board of parole;placement by department as administrative sanction.

 

(a) Subject to subsection (b) of this section, the state boardof parole may, as a condition of parole, require a parolee to participate in aresidential or nonresidential adult community correctional program during all orany part of his term of parole.

 

(b) Placement of a parolee in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The state board of parole determines the inmate poses a lowrisk of escape or violence;

 

(ii) The adult community correctional facility or program isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof parolees;

 

(iii) The parolee has been accepted by the corrections board; and

 

(iv) Funding for the placement is available.

 

(c) Prior to the placement of a parolee in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the parolee to be placed.

 

(d) No parolee shall be paroled to an adult residentialcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the state board of parole and the department.

 

(e) The state board of parole may revoke a parolee's parole atany time for violation by the parolee of any conditions of the placement underthis section. Upon revocation, the parolee shall be returned to the physicalcustody of the department.

 

(f) The probation and parole officers for the judicial districtshall have general supervisory authority over all parolees placed in adultcommunity correctional facilities or programs under this section.

 

(g) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyparolee participating in an intensive supervision program who violates therules and restrictions of the program to participate in an adult residentialcommunity correctional program for a period not to exceed sixty (60) days as analternative to parole revocation.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter18

CHAPTER 18 - COMMUNITY CORRECTIONS

 

7-18-101. Short title.

 

This act shall be known and may be cited asthe "Adult Community Corrections Act".

 

7-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Adult community correctional facility orprogram" means a community based or community-oriented facility or programwhich is operated either by a unit of local government or by a nongovernmentalagency which:

 

(A) May provide residential and nonresidential accommodationsand services for offenders, parolees and inmates;

 

(B) Provides programs and services to aid offenders, paroleesand inmates in obtaining and holding regular employment, in enrolling in andmaintaining academic courses, in participating in vocational training programs,in utilizing the resources of the community in meeting their personal andfamily needs and in participating in whatever specialized treatment programsexist within the community; and

 

(C) Provides supervision for offenders, parolees and inmates asrequired.

 

(ii) "Corrections board" means a community correctionsboard created pursuant to this act;

 

(iii) "Inmate" means an adult serving a felony sentencein any state penal institution or any correctional facility operated pursuantto a contract under W.S. 7-22-102, excluding any inmate who:

 

(A) At the time of consideration has any criminal proceedingspending against him which could affect his status as an inmate;

 

(B) Has been convicted of first degree murder;

 

(C) Is serving a term of life imprisonment; or

 

(D) Has been sentenced to death.

 

(iv) "Nongovernmental agency" means any person ororganization other than a unit of local government and includes private profitand not for profit organizations;

 

(v) "Offender" means an adult who has entered a pleaof guilty or has been convicted of a misdemeanor punishable by imprisonment ora felony, excluding any person who:

 

(A) At the time of consideration has any other felony criminalproceedings pending against him;

 

(B) Has been convicted of, or pled guilty to, first degreemurder;

 

(C) Has been convicted of, or pled guilty to, a crimepunishable by life imprisonment; or

 

(D) Has been convicted of, or pled guilty to, a crimepunishable by death.

 

(vi) "Unit of local government" means a county, cityor town;

 

(vii) "Department" means the state department ofcorrections;

 

(viii) "Parolee" means an adult who has been grantedparole under W.S. 7-13-402;

 

(ix) "This act" means W.S. 7-18-101 through 7-18-115.

 

7-18-103. Establishment and operation of facilities and programs bylocal governments; screening procedures; acceptance or rejection of offenders,parolees or inmates.

 

(a) Any unit of local government may establish, maintain andoperate adult community correctional facilities and programs deemed necessaryto serve its own needs and may enter into contracts or agreements with acorrections board for the placement of offenders, parolees and inmates in itsadult community correctional facility or program.

 

(b) The unit of local government shall establish procedures forscreening offenders, parolees and inmates who are to be placed in its adult communitycorrectional facility or program. The screening shall take into account therisk the offender, parolee or inmate may present to himself and others as wellas the aptitude, attitude and social and occupational skills of the offender,parolee or inmate.

 

(c) The unit of local government has the authority to accept,reject or reject after acceptance the placement of any offender, parolee orinmate in its adult community correctional facility or program pursuant to anycontract or agreement with a corrections board. If an offender, parolee orinmate is rejected by the unit of local government after initial acceptance,the offender, parolee or inmate shall remain in the custody of the unit oflocal government for a reasonable period of time pending receipt of appropriateorders for transfer of the offender, parolee or inmate.

 

7-18-104. Establishment and operation of facilities or programs bynongovernmental agencies; required governmental approval; acceptance orrejection of offenders, parolees or inmates.

 

(a) If approved as provided in subsection (b) of this section,a nongovernmental agency may establish, maintain and operate an adult communitycorrectional facility and program and may contract with a corrections board toprovide services to offenders, parolees and inmates.

 

(b) The establishment of any nongovernmental adult communitycorrectional facility or program shall be subject to approval of the board ofcounty commissioners of the county and the governing body of the city or townin which the proposed facility or the situs of the program is to be located.Approval or denial of the establishment of the facility or program shall bemade only after consultation with the corrections board and the department.

 

(c) The nongovernmental agency operating an adult communitycorrectional facility or program has the authority to accept, reject or rejectafter acceptance the placement of any offender, parolee or inmate in itsfacility or program pursuant to any contract or agreement with a corrections board.If an offender, parolee or inmate is rejected by the nongovernmental agencyafter initial acceptance, the offender, parolee or inmate shall remain in thecustody of the nongovernmental agency for a reasonable period of time pendingreceipt of appropriate orders for transfer of the offender, parolee or inmate.

 

7-18-105. Establishment of county boards; membership; terms of office;compensation; meetings; officers.

 

 

(a) A county may establish, or two (2) or more counties mayagree to establish jointly, a community corrections board in accordance withthis act.

 

(b) A corrections board shall consist of nine (9) membersappointed by the county commissioners. When two (2) or more counties haveagreed to establish a corrections board, the county commissioners of eachparticipating county shall appoint members as provided in the agreement of thecounties. The corrections board shall be composed of:

 

(i) One (1) district judge designated by the chief justice ofthe Wyoming supreme court;

 

(ii) One (1) prosecuting attorney;

 

(iii) One (1) municipal law enforcement officer;

 

(iv) One (1) county law enforcement officer;

 

(v) One (1) probation and parole officer; and

 

(vi) Four (4) lay citizens, no more than two (2) of whom shallbe from the same county if the corrections board is established by two (2) ormore counties. If the community corrections board is established for a countyin which a community college is located, one (1) of the four (4) lay citizenmembers shall be a representative of the community college.

 

(c) Members of community corrections boards shall serve forrotating terms of four (4) years. Of the members first appointed, one-third(1/3) shall be appointed for two (2) years, one-third (1/3) for three (3) yearsand one-third (1/3) for four (4) years.

 

(d) Members of a corrections board shall serve withoutcompensation.

 

(e) A majority of the corrections board constitutes a quorum.All actions of the corrections board shall be approved by a majority of thosepresent at the meeting.

 

(f) A corrections board shall annually elect from its members achairman to preside at meetings, a secretary to maintain the records and afinance officer who shall file with the board a bond with an approved corporatesurety in the penal sum designated by the corrections board.

 

7-18-106. Powers and duties of boards.

 

(a) Subject to this act, a corrections board may:

 

(i) Contract with the department to accept offenders, paroleesand inmates for placement in an adult community correctional facility orprogram operating under a contract for services with the corrections boardwithin the county or counties served by the corrections board;

 

(ii) Repealed By Laws 2003, Ch. 42, 2.

 

(iii) Accept, reject or reject after acceptance the placementpursuant to a contract with the department, of any offender, parolee or inmatein an adult community correctional facility or program. If an offender, paroleeor inmate is rejected by the corrections board after initial acceptance, theoffender, parolee or inmate shall be placed in the custody of a sheriff of acounty served by the corrections board for a reasonable period of time pendingreceipt of appropriate orders for the transfer of the offender, parolee orinmate.

 

(b) A corrections board shall:

 

(i) Screen all offenders, parolees and inmates proposed to beplaced in an adult community correctional facility or program taking intoaccount the potential risk resulting from the placement of the offender,parolee or inmate as well as the aptitude, attitude and social and occupationalskills of the offender, parolee or inmate;

 

(ii) Review, inspect and evaluate all adult communitycorrectional facilities and programs operating within the county or countiesserved by the corrections board; and

 

(iii) If the offender is a convicted misdemeanant, obtain fundingfor the placement from nonstate sources.

 

(c) Notwithstanding W.S. 1-39-101 through 1-39-120 or any otherprovision of law and except for intentional torts or illegal acts, acorrections board and its members are immune from any liability, either as aboard or individually, for any actions or omissions by the board or any memberthereof pursuant to this act.

 

7-18-107. Required guidelines in contracts; review by localgovernment.

 

(a) Every contract for services entered into pursuant to thisact between a corrections board and a local unit of government or anongovernmental agency shall provide guidelines for the operation of the adultcommunity correctional facility or program and minimum standards for theservices provided, including:

 

(i) Requirements for strict accountability procedures andpractices for the conduct and supervision of offenders, parolees and inmatesincluding requirements for twenty-four (24) hour supervision of offenders,parolees and inmates in residential programs;

 

(ii) Guidelines for service providers to perform periodic andunscheduled tests to determine the use of drugs by offenders, parolees andinmates; and

 

(iii) Guidelines for service providers to develop individual treatmentplans for each offender, parolee or inmate.

 

(b) Prior to entering into agreement or contract with anynongovernmental adult community corrections agency, the corrections board shallsubmit the agreement or contract and any proposed guidelines for the use of anyprogram or facility to the department and the governing body of any affectedunit of local government for its review and recommendations.

 

7-18-108. Placement of offender in program by court; placement bydepartment as administrative sanction.

 

(a) Subject to subsection (b) of this section, following aneligible adult offender's conviction or his plea of guilty, the sentencingcourt may, as a condition of probation, order that the offender participate ina residential or nonresidential adult community correctional program during allor any part of his term of probation.

 

(b) Placement of an offender in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The adult community correctional facility or program isoperated by a governmental unit or a nongovernmental agency which has enteredinto a contract with the corrections board serving the county in which thedefendant is sentenced and the corrections board has contracted with thedepartment to provide adult community correctional services for offenders;

 

(ii) Funding for the placement is available; and

 

(iii) The offender is acceptable to the corrections board.

 

(c) Prior to the placement of an offender in anynongovernmental adult community correctional facility, the sentencing judgeshall notify or cause to be notified the law enforcement agencies of affectedunits of local government concerning the identity of the offender to be placed.

 

(d) The probation and parole officers for the judicial districtshall be responsible for including in the presentence report to the sentencingjudge recommendations for the utilization of any governmental ornongovernmental adult community correctional facility or program which has beenapproved for use by the corrections board.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all offenders placed in adultcommunity correctional facilities or programs under this section.

 

(f) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyprobationer participating in an intensive supervision program who violates therules and restrictions of the program to participate in a residential adultcommunity correctional program for a period not to exceed sixty (60) days as analternative to probation revocation.

 

7-18-109. Transfer of inmate to facility by department.

 

(a) Subject to subsection (b) of this section, and upon recommendationof the warden or superintendent of the institution, the department may transferan adult inmate to a residential adult community correctional facility.

 

(b) A transfer of an inmate to a residential adult communitycorrectional facility under this section may be made only if:

 

(i) The department determines the inmate poses a low risk ofescape or violence;

 

(ii) The inmate is eligible under W.S. 7-18-102(a)(iii);

 

(iii) The inmate is within at least twenty-four (24) months ofhis parole eligibility date and his conduct during his confinement has beensuch that he is appropriate for placement;

 

(iv) The residential adult community correctional facility isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof pre-parole inmates;

 

(v) The inmate has been accepted by the corrections board;

 

(vi) Funding for the placement is available; and

 

(vii) The department determines the correctional needs of theinmate will be better served by the transfer.

 

(c) Prior to the placement of an inmate in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the inmate to be placed.

 

(d) No inmate shall be transferred to a residential adultcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the department. Approval of a transfer under thissection is not a discharge of the inmate but shall be construed as an extensionof the limits of confinement of the institution to which the inmate wascommitted. The department may revoke the approval of the transfer of an inmateunder this section at any time for violation by the inmate of any conditions ofthe placement. Upon revocation the inmate shall be returned to the physicalcustody of the department.

 

(e) The probation and parole officers for the judicial districtshall have general supervisory authority over all inmates in adult communitycorrectional facilities or programs under this section.

 

7-18-110. Authority of department of corrections to contract forservices.

 

(a) Subject to legislative appropriation, the department may,by negotiation without competitive bids or by competitive bidding, contractwith any community corrections board created under this act, to provideservices for:

 

(i) Convicted felony offenders ordered by a sentencing court toparticipate in adult community correctional facilities or programs as acondition of probation;

 

(ii) Inmates transferred to a residential adult communitycorrectional facility by the department pursuant to W.S. 7-18-109; or

 

(iii) Parolees required to participate in a residential ornonresidential adult community correctional program as a condition of parolepursuant to W.S. 7-18-115.

 

(b) No inmate, parolee or offender shall be deemed to be athird party beneficiary of, or to be otherwise entitled to enforce anyprovision of, any contract entered into under subsection (a) of this section.

 

7-18-111. Duties of department of corrections.

 

(a) The department shall:

 

(i) Establish minimum facility standards for residential adultcommunity correctional facilities operated by any entity receiving funds underthis act;

 

(ii) Establish minimum standards for adult communitycorrectional programs;

 

(iii) Review and evaluate all adult community correctionalfacilities and programs funded under this act;

 

(iv) Prescribe accounting and reporting standards for allprogram providers under this act;

 

(v) Establish a per diem rate to be paid program providersunder this act which shall not exceed the daily cost of keeping an inmate atthe Wyoming state penitentiary;

 

(vi) Promulgate rules and regulations reasonably necessary tocarry out the provisions of this act.

 

7-18-112. Escape.

 

(a) An offender, parolee or an inmate is deemed guilty of escapefrom official detention and shall be punished as provided by W.S. 6-5-206(a)(i)if, without proper authorization, he:

 

(i) Fails to remain within the extended limits of hisconfinement or to return within the time prescribed to an adult community correctionalfacility to which he was assigned or transferred; or

 

(ii) Being a participant in a program established under theprovisions of this act he leaves his place of employment or fails or neglectsto return to the adult community correctional facility within the timeprescribed or when specifically ordered to do so.

 

7-18-113. Confinement of violators.

 

If the administrator of an adult communitycorrectional facility or any other appropriate supervising authority has causeto believe that an offender, parolee or inmate placed in an adult communitycorrectional facility has violated any rule or condition of that person'splacement in that facility or any term of post-release supervision or cannot besafely housed in that facility, the administrator or other authority shallcertify to the department the facts which are the basis for the belief andexecute a transfer order to the sheriff of the county in which the facility islocated, who shall confine the offender, parolee or inmate in the county jailpending a determination by the appropriate judicial or executive authorities asto whether or not the offender, parolee or inmate shall remain in communitycorrections.

 

7-18-114. Record and disbursement of wages; exemption from process;confidentiality of amount.

 

(a) Wages earned by an inmate, parolee or offender while in anadult community corrections program shall be retained and accounted for by theprogram operator and shall be disbursed for the purposes provided in thissubsection and in the order specified:

 

(i) Personal necessities;

 

(ii) Room and board to the program operator at a rate to beestablished by the department;

 

(iii) Support of dependent relations;

 

(iv) Court ordered restitution, fines, sanctions andreimbursement for the services of public defender or court appointed counsel,the surcharge imposed under W.S. 1-40-119 and victims compensation obligationsunder W.S. 1-40-112(g);

 

(v) Repealed By Laws 1999, ch. 62, 2.

 

(vi) Costs of health insurance; and

 

(vii) Remaining funds shall be paid to the inmate, parolee oroffender upon parole or final discharge.

 

(b) Wages earned by offenders, other than parolees or inmates,while in a residential adult community corrections program shall be retainedand accounted for by the program operator and shall be disbursed only for thepurposes and in the order specified in subsection (a) of this section unlessotherwise ordered by the sentencing court. Any remaining funds shall be paid tothe offender upon his satisfactory discharge from the program. Upon revocationof an offender's probation, the program operator shall forward any remainingfunds to the court or to the institution to which the offender is sentenced asdirected by the court.

 

(c) Program operators shall keep an accurate record and accountof all wages earned by inmates, parolees and offenders pursuant to the rulespromulgated by the department.

 

(d) The earnings of inmates under this act are not subject togarnishment, attachment or execution.

 

(e) Information relating to the amount of wages earned by aninmate, parolee or offender in an adult community corrections program isconfidential and is not subject to public inspection.

 

7-18-115. Assignment of parolee to program by state board of parole;placement by department as administrative sanction.

 

(a) Subject to subsection (b) of this section, the state boardof parole may, as a condition of parole, require a parolee to participate in aresidential or nonresidential adult community correctional program during all orany part of his term of parole.

 

(b) Placement of a parolee in an adult community correctionalfacility or program under this section shall be made only if:

 

(i) The state board of parole determines the inmate poses a lowrisk of escape or violence;

 

(ii) The adult community correctional facility or program isoperated under a contract with a corrections board and the corrections boardhas contracted with the department to provide services which include placementof parolees;

 

(iii) The parolee has been accepted by the corrections board; and

 

(iv) Funding for the placement is available.

 

(c) Prior to the placement of a parolee in any nongovernmentaladult community correctional facility, the department shall notify or cause tobe notified the law enforcement agencies of affected units of local governmentconcerning the identity of the parolee to be placed.

 

(d) No parolee shall be paroled to an adult residentialcommunity corrections facility under this section unless he agrees in writingto abide by the regulations of the program provider and any additionalconditions imposed by the state board of parole and the department.

 

(e) The state board of parole may revoke a parolee's parole atany time for violation by the parolee of any conditions of the placement underthis section. Upon revocation, the parolee shall be returned to the physicalcustody of the department.

 

(f) The probation and parole officers for the judicial districtshall have general supervisory authority over all parolees placed in adultcommunity correctional facilities or programs under this section.

 

(g) Subject to subsection (b) of this section, the departmentmay, as an administrative sanction pursuant to W.S. 7-13-1107, require anyparolee participating in an intensive supervision program who violates therules and restrictions of the program to participate in an adult residentialcommunity correctional program for a period not to exceed sixty (60) days as analternative to parole revocation.

 

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