reglab/housing_qa huggingface dataset:
WY Stat § 7-12-305 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-305 - Review by the Court; Hearing on Motion, Findings; Order.

7-12-305. Review by the court; hearing on motion, findings; order.| (a) If the court determines that a motion is filed in compliance with the requirements of W.S. 7-12-303(c) and the state has had opportunity to respond to the motion, the court shall set a hearing for not more than ninety (90) days after the date the motion was filed. If the court finds that the motion does not comply with the requirements of W.S. 7-12-303(c), the court may deny the motion without hearing.  (b) The hearing under subsection (a) of this section shall be heard by the judge who conducted the trial that resulted in the movant's conviction unless the judge is unavailable.  (c) The movant and the state may present evidence by sworn and notarized affidavits or by testimony; provided, however, any affidavit shall be served on the opposing party at least fifteen (15) days prior to the hearing.  (d) The movant shall be required to present a prima facie case showing that the evidence supports findings consistent with the facts asserted under W.S. 7-12-303(c) and DNA testing of the specified evidence would, assuming exculpatory results, establish:  (i) The actual innocence of the movant of the offense for which the movant was convicted; or  (ii) In a capital case:  (A) The movant's actual innocence of the charged or uncharged conduct constituting an aggravating circumstance; or  (B) A mitigating circumstance as a result of the DNA testing.  (e) If the court finds that the movant has presented a prima facie case showing that the evidence supports findings consistent with W.S. 7-12-303(c) and the evidence would establish actual innocence, the court may order testing, subject to W.S. 7-12-306.
WY Stat § 7-12-306 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-306 - Designation of Testing Laboratory.

7-12-306. Designation of testing laboratory.| (a) If the court orders DNA testing pursuant to W.S. 7-12-305(e), the DNA test shall be performed by the Wyoming state crime laboratory unless the movant establishes that the state crime laboratory has a conflict of interest or does not have the capability to perform the necessary testing.  (b) If the court orders that the DNA testing under W.S. 7-12-305(e) shall be conducted by a laboratory other than the state crime laboratory, the court shall require that the testing be performed:  (i) Under reasonable conditions designed to protect the state's interests in the integrity of the evidence;  (ii) By a laboratory that:  (A) Meets standards that at minimum comply with the standards of the DNA advisory board established pursuant to 42 U.S.C. 14131; and  (B) Is accredited by the American society of crime laboratory directors accreditation board.
WY Stat § 7-12-307 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-307 - Discovery.

7-12-307. Discovery.| (a) If the DNA evidence being tested under this act has been previously subjected to DNA analysis by either the state or defense prior to the hearing conducted under W.S. 7-12-305, the court may order the state or defense to provide each party and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If DNA or other analysis was previously conducted by either the state or defense without the knowledge of the other party, all information relating to the testing shall be disclosed by the motion filed under W.S. 7-12-303(c) or any response thereto.  (b) The results of any DNA testing ordered under W.S. 7-12-305(e) shall be fully disclosed to the movant, the district attorney, the attorney general and the court. If requested by any party, the court shall order production of the underlying laboratory data and notes or chain of custody documents.
WY Stat § 7-12-308 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-308 - Right to Counsel.

7-12-308. Right to counsel.| A convicted person is entitled to counsel during a proceeding under this act. Upon request of the person, the court shall appoint counsel for the convicted person if the court determines that the person is needy and the person wishes to submit a motion under W.S. 7-12-303(c). Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).
WY Stat § 7-12-309 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-309 - Costs of Testing.

7-12-309. Costs of testing.| (a) The person filing a motion under W.S. 7-12-303(c) shall bear the cost of the DNA testing unless:  (i) The person is serving a sentence of imprisonment;  (ii) The person is needy; and  (iii) The DNA test supports the person's motion.  (b) In the case of a person meeting the criteria specified in paragraphs (a)(i) through (iii) of this section, the costs of testing shall be paid by the state.
WY Stat § 7-12-310 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-310 - Order Following Testing.

7-12-310. Order following testing.| (a) If the results of the DNA analysis are inconclusive or show that the movant is the source of the evidence, the court shall deny any motion for a new trial based upon the DNA evidence and shall provide the results to the board of parole.  (b) If the results of the DNA analysis are consistent with assertions contained in the movant's motion, the court shall set the matter for hearing on the motion for a new trial.  (c) Upon the stipulation of both parties or a motion for dismissal of the original charges against the movant by the state in lieu of a retrial, the court shall:  (i) Vacate the movant's conviction consistent with the evidence demonstrating the movant's actual innocence;  (ii) Issue an order of actual innocence and exoneration; and  (iii) Issue an order of expungement.  (d) In the event a retrial is pursued and conducted and the movant is acquitted at the retrial, the court shall:  (i) Issue an order of actual innocence and exoneration; and  (ii) Issue an order of expungement.
WY Stat § 7-12-311 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-311 - Victim Notification.

7-12-311. Victim notification.| Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the disposition of the motion. For purposes of this section, "victim" means as defined in W.S. 1-40-202(a)(ii).
WY Stat § 7-12-312 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-312 - Rights Not Waived; Refiling of Uncharged Offenses.

7-12-312. Rights not waived; refiling of uncharged offenses.| (a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendere.  (b) If a movant is granted a new trial under this act, any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside as a result of this act may be refiled by the state.
WY Stat § 7-12-313 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-313 - Appeal.

7-12-313. Appeal.| (a) An order granting or denying a motion for DNA testing filed under W.S. 7-12-303(c) shall not be appealable, but may be subject to review only under a writ of review filed by the movant, the district attorney or the attorney general. The petition for a writ of review may be filed no later than twenty (20) days after the court's order granting or denying the motion for DNA testing.  (b) Any party to the action may appeal to the Wyoming supreme court any order granting or denying a motion for a new trial under W.S. 7-12-310(b).
WY Stat § 7-12-314 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-314 - Subsequent Motions.

7-12-314. Subsequent motions.| The court shall not be required to entertain a second or subsequent motion under W.S. 7-12-303(c) on behalf of the same movant, except where there is clear and compelling evidence that the evidence sought to be tested was wrongfully withheld from the movant by the state or its agents.
WY Stat § 7-12-315 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 3 - New Trial|Section 7-12-315 - Consensual Testing.

7-12-315. Consensual testing.| Nothing in this act shall be interpreted to prohibit a convicted person and the state from consenting to and conducting post-conviction DNA testing without filing a motion under W.S. 7-12-303(c). Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties and the results are favorable to the convicted person, the convicted person may file, and the court shall adjudicate, a motion for a new trial based on the DNA test results.
WY Stat § 7-12-401 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 4 - Postconviction Determination of Factual Innocence|Section 7-12-401 - Short Title.

7-12-401. Short title.| This act shall be known and may be cited as the "Post-Conviction Determination of Factual Innocence Act."
WY Stat § 7-12-402 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 4 - Postconviction Determination of Factual Innocence|Section 7-12-402 - Definitions.

7-12-402. Definitions.| (a) As used in this act:  (i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence;  (ii) "Factual innocence" or "factually innocent" means a person:  (A) Did not engage in the conduct for which he was convicted;  (B) Did not engage in conduct constituting a lesser included or inchoate offense of the crime for which he was convicted; and  (C) Did not commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he was convicted.  (iii) "Forensic science" is the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues;  (iv) "Newly discovered evidence" means evidence that was not available to the petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, including:  (A) Evidence that was discovered prior to or in the course of any appeal or post-conviction proceedings that served in whole or in part as the basis to vacate or reverse the petitioner's conviction;  (B) Evidence that supports the claims within a petition for post-conviction relief under W.S. 7-14-101 through 7-14-108 that is pending at the time of the court's determination of factual innocence under this act; or  (C) Relevant forensic scientific evidence that was not available at the time of trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial, or that undermines forensic evidence presented at trial. Forensic scientific evidence is to be considered as "undermined" if new research or information exists that repudiates:  (I) The foundational validity of the challenged evidence or testimony. "Foundational validity" means the reliability of the method to be repeatable, reproducible and accurate in a scientific setting; or  (II) The applied validity of the method or technique. "Applied validity" means the reliability of the method or technique in practice.  (v) "This act" means W.S. 7-12-401 through 7-12-407.
WY Stat § 7-12-405 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 4 - Postconviction Determination of Factual Innocence|Section 7-12-405 - Appointment of Counsel.

7-12-405. Appointment of counsel.| The court may appoint counsel for a petitioner upon a determination that the petition is not subject to summary dismissal and the petitioner is needy. Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).
WY Stat § 7-12-406 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 4 - Postconviction Determination of Factual Innocence|Section 7-12-406 - Victim Notification.

7-12-406. Victim notification.| Following any petition filed under W.S. 7-12-403, the district attorney shall make reasonable efforts to provide notice to the victim that the petition has been filed, the time and place for any hearing that may be held as a result of the petition and the disposition of the petition. For purposes of this section, "victim" means as defined in W.S. 1-40-202(a)(ii).
WY Stat § 7-12-407 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 12 - Appeal, Exceptions and New Trial|Article 4 - Postconviction Determination of Factual Innocence|Section 7-12-407 - Appeal.

7-12-407. Appeal.| An order granting or denying a petition under this act is appealable by either party.
WY Stat § 7-13-101 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-101 - Sentencing of Minors to Boys' School Upon First Conviction of Felony; Term; Parole.

7-13-101. Sentencing of minors to boys' school upon first conviction of felony; term; parole.| (a) Upon his first conviction of a felony, any male offender under the age of eighteen (18) years may be sentenced to imprisonment in the Wyoming boys' school.  (b) In imposing a sentence under this section the court shall not fix a definite or minimum term of confinement in the boys' school but shall fix a maximum term which shall not exceed the maximum term provided for the statute violated.  (c) The department of family services may at any time grant to a person sentenced under this section a parole from the boys' school even though the person has not served a fixed minimum sentence.
WY Stat § 7-13-103 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-103 - Notice of Sentence; Transportation to Institution; Maintenance of Prisoner in County Jail.

7-13-103. Notice of sentence; transportation to institution; maintenance of prisoner in county jail.| (a) If a person is sentenced to the custody of the department of 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 Wyoming medium correctional institution or the Wyoming women's center.  (b) Except as provided in subsection (c) of this section, the director of the department of corrections shall arrange for the transportation of the person to a state penal institution, at state expense, within ten (10) days after notification by the sheriff that the judgment and sentence has been signed by the judge. The court shall notify the sheriff immediately upon signing of the sentence by the judge. Except as provided in subsection (c) of this section, prior to being transported to the institution the prisoner shall be maintained in the county jail at the expense of the county.  (c) Upon agreement of the sheriff and the director of the department of corrections, the prisoner may be maintained at the county jail at an agreed per diem rate to be paid by the department for an additional period of not more than thirty (30) days after expiration of the ten (10) days provided by subsection (b) of this section. The department shall pay for any medical treatment of the prisoner, other than for conditions demanding immediate medical attention which can be treated at the county jail and other than 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 by the judge. Except for emergency medical treatment, no treatment which is the responsibility of the department under this subsection shall be provided without the prior approval of the department.  (d) The sheriff shall furnish the department of corrections and the warden of the Wyoming state penitentiary or the Wyoming women's center with a copy of the judgment and sentence imposed.
WY Stat § 7-13-104 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-104 - Record of Prisoners.

7-13-104. Record of prisoners.| The department of corrections shall keep a complete record of the background and current status of all prisoners sentenced and confined in any state penal institution. The administrator of the institution where a prisoner is incarcerated, the division of criminal investigation, and the clerk of court and sheriff of the county from which the prisoner is committed shall, at the request of the department or the board of parole, furnish any information in their possession relating to the prisoner or the offense committed.
WY Stat § 7-13-106 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-106 - Transfer of Citizen or National of Foreign Country.

7-13-106. Transfer of citizen or national of foreign country.| The governor may act on behalf of the state to consent to the transfer of a citizen or national of a foreign country pursuant to a treaty between the United States and the foreign country of which the person is a citizen or national.
WY Stat § 7-13-108 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-108 - Sentence to Custody of Department of Corrections.

7-13-108. Sentence to custody of department of corrections.| (a) Unless otherwise specifically provided by statute, any person convicted of a felony and sentenced to a term of imprisonment shall be sentenced to the custody and control of the department of corrections to be incarcerated in a state penal institution or other facility under contract or agreement with the department pursuant to W.S. 25-1-105(e), as directed by the department.  (b) Any contract entered into under W.S. 25-1-105(e) shall be approved as to form and content by the Wyoming attorney general.
WY Stat § 7-13-109 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 1 - In General|Section 7-13-109 - Payment of Jail Costs by Inmate.

7-13-109. Payment of jail costs by inmate.| (a) In addition to any other punishment prescribed by law, the sentencing 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 each day of incarceration, both before and after conviction. The costs for room and board for each day of incarceration shall be an amount equal to the actual cost of the services as determined by the county sheriff. The cost of the services shall be paid to all jail facilities where the inmate may have been held before and after conviction. The costs shall not be assessed if:  (i) The court finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay; or  (ii) In the judgment of the court, the costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family.  (b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.  (c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court.  (d) Any costs paid by a person under this section shall be deposited in the county general fund to help defray the costs the jail facility incurred in providing room and board to the person.
WY Stat § 7-13-201 (2021)
2021 Wyoming Statutes|Title 7 - Criminal Procedure|Chapter 13 - Sentence and Imprisonment|Article 2 - Indeterminate Sentence|Section 7-13-201 - Maximum and Minimum Term.

7-13-201. Maximum and minimum term.| Except where a term of life is required by law, or as otherwise provided by W.S. 7-13-101, when a person is sentenced for the commission of a felony, the court imposing the sentence shall not fix a definite term of imprisonment but shall establish a maximum and minimum term within the limits authorized for the statute violated. The maximum term shall not be greater than the maximum provided by law for the statute violated, and the minimum term shall not be less than the minimum provided by law for the statute violated, nor greater than ninety percent (90%) of the maximum term imposed.