reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-301 - Placing Person Found Guilty, but Not Convicted, on Probation.

7-13-301. Placing person found guilty, but not convicted, on probation.
(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-510(a) or 6-2-511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months 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 at times 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 the court finds proper; and
(v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-115.
(b) If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may at the end of thirty-six (36) months, or at any time after the expiration of one (1) year from the date of the original probation, discharge the person and dismiss the proceedings against him.
(c) If the defendant violates a term or condition of probation at any time before final discharge, the court may:
(i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section; or
(ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.
(d) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose.
(e) There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction.
(f) This section shall not apply to any person holding any class of commercial driver's license pursuant to W.S. 31-7-304(a)(i), nor to the driver of any commercial motor vehicle as defined by W.S. 31-7-102(a)(viii), who is charged with any offense specified in W.S. 31-7-305.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-302 - Placing Person Convicted on Probation; Suspension of Imposition or Execution of Sentence; Imposition of Fine; Maximum Length of Probation Term.

7-13-302. Placing person convicted on probation; suspension of imposition or execution of sentence; imposition of fine; maximum length of probation term.
(a) After conviction, plea of no contest or plea of guilty for any offense, except crimes punishable by death or life imprisonment, and following entry of the judgment of conviction, the court may:
(i) Suspend the imposition or execution of sentence and place the defendant on supervised or unsupervised probation; or
(ii) Impose a fine applicable to the offense and place the defendant on supervised or unsupervised probation.
(b) Unless otherwise authorized by law, no term of probation imposed shall exceed the maximum term of imprisonment allowed by law. Any term of probation imposed under this section for a felony offense shall in no case exceed thirty-six (36) months, except that the judge may impose a term of probation that is not greater than the maximum term of imprisonment authorized by law for the offense for good cause shown upon the record and after considering public safety, rehabilitation, deterrence and any other goals of sentencing.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-303 - Investigation Preceding Probation or Suspension of Sentence.

7-13-303. Investigation preceding probation or suspension of sentence.
(a) When directed by the court, the district attorney, a probation and parole agent as defined in W.S. 7-13-401 or, in the case of a minor, a counselor as defined by W.S. 5-3-501(a)(ii) or the department of family services shall investigate and report to the court in writing:
(i) The circumstances of the offense;
(ii) The criminal record, social history and present conditions of the defendant;
(iii) If practicable, the findings of a physical and mental examination of the defendant;
(iv) If practicable, statements from the victim;
(v) A summary of the impact of the offense on the victim;
(vi) The results of a validated risk and need assessment.
(b) Unless the court directs otherwise, no defendant charged with a felony or misdemeanor shall be placed on probation, placed in an intensive supervision program established under W.S. 7-13-1102 or released under suspension of sentence until the report of the investigation under this section is presented to and considered by the court. If the defendant is sentenced to the custody of the department of corrections to serve a term of incarceration in a state penal institution, a copy of the report of the investigation if completed shall be sent to the department of corrections at the time of sentencing. The clerk of court shall forward copies of the report, if completed, to the department of corrections, together with copies of all orders entered by the court.
(c) The court may, in its discretion, dispense with the investigation and preparation of a report required by this section or may limit the scope of the investigation and report to circumstances and conditions the court deems relevant to its sentencing determination.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-304 - Imposition or Modification of Conditions; Performance of Work by Defendant.

7-13-304. Imposition or modification of conditions; performance of work by defendant.
(a) The court may impose, and at any time modify, any condition of probation or suspension of sentence. The court may not impose new custodial restrictions on liberty unless in response to a compliance violation, a new violation of law or absconding from supervision and only after providing notice and a hearing if required under W.S. 7-13-1803.
(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 period not exceeding the maximum probation period.
(c) As a condition of probation or suspension of sentence, the court may require a defendant who is a minor to successfully complete a juvenile service program offered under the Community Juvenile Services Act.
(d) As a condition of probation or suspension of sentence, the court may require a defendant to complete successfully a court supervised treatment program qualified under W.S. 7-13-1601 through 7-13-1615, a 24/7 sobriety program under W.S. 7-13-1701 through 7-13-1710, or both.
Note: Effective 7/1/2024 this subsection will read as:
(d) As a condition of probation or suspension of sentence, the court may require a defendant to complete successfully a court supervised treatment program qualified under W.S. 5-12-101 through 5-12-118, a 24/7 sobriety program under W.S. 7-13-1701 through 7-13-1710, or both.
(e) As a condition of probation or suspension of sentence for a person convicted of an offense under W.S. 6-4-304, the court may require a defendant to complete successfully a sex offender treatment program.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-305 - Determination, Continuance or Extension; Revocation Proceedings.

7-13-305. Determination, continuance or extension; revocation proceedings.
(a) The period of probation or suspension of sentence under W.S. 7-13-302 shall be determined by the court and may be reduced, continued or extended. Any term of probation including any continuations or extensions shall not exceed the maximum term of probation authorized under W.S. 7 13 302(b), except that the judge may impose a term of probation that is not greater than the maximum term of imprisonment authorized by law for the offense for good cause shown upon the record and after considering public safety, rehabilitation, deterrence and any other goals of sentencing. In determining the period of probation or a modification of an existing probation, the court may consider, but is not limited to the following factors:
(i) Whether the defendant has stable employment;
(ii) Whether the defendant has positive community support;
(iii) Whether the defendant has positive familial support;
(iv) Whether the defendant has reasonably attended to spousal or parental responsibilities and whether the terms of probation assist or hinder the defendant in discharging those responsibilities;
(v) Whether the defendant has made progress in affirmatively addressing any alcohol or substance abuse issues. For the purposes of this paragraph, relapse alone does not prevent the court from determining the defendant has made progress in addressing his alcohol or substance use issues;
(vi) The nature and seriousness of the underlying crime;
(vii) The risk posed by the defendant to the community;
(viii) The risk of reoffense as determined by a validated risk assessment tool utilized by the department of corrections.
(b) Upon the satisfactory fulfillment of the conditions of suspension of sentence or probation under W.S. 7-13-302 the court shall enter an order discharging the defendant.
(c) For a violation of a condition of probation occurring during the probationary period, revocation proceedings may be commenced at any time 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 may issue a warrant and cause the defendant to be arrested. If after hearing the court determines that the defendant violated any of the terms of probation or suspension of sentence, the court may proceed to deal with the case as if no suspension of sentence or probation had been ordered.
(d) The time for commencing revocation proceedings shall be automatically extended for any period of time in which the probationer is incarcerated outside this state during the probationary period for the conviction of an offense which is a violation of the conditions of probation, unless the probationer has made a valid request for final disposition under the interstate agreement on detainers, W.S. 7-15-101 through 7-15-105.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-306 - Payment of Fine in Installments.

7-13-306. Payment of fine in installments.
When imposing a fine and also placing the defendant on probation, the district judge may permit the fine to be paid in installments over a reasonable period of time.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 3 - Probation and Suspension of Sentence › Section 7-13-307 - Expungement of Criminal Record.

7-13-307. Expungement of criminal record.
Nothing in W.S. 7-13-301 through 7-13-306 shall be construed to authorize the court to expunge the record of a person charged with or convicted of a criminal offense.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-403 - Custody of Parolee; Return Upon Violation.

7-13-403. Custody of parolee; return upon violation.
(a) A parolee is in the legal custody and under the control of the board and may be returned to the custody of the department for violation of a condition of his parole.
(b) Unless otherwise ordered by the board or when the parole violator is ordered to complete a sanction under W.S. 7-13-1801 through 7-13-1803, a parole violator shall be returned to the custody of the department to serve the remainder of the original sentence.
(c) The board shall consider imposing a sanction under W.S. 7-13-1801 through 7-13-1803 before ordering a parole violator to be returned to the custody of the department to serve the remainder of the original sentence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-404 - Computing Remainder of Sentence for Parole Violator.

7-13-404. Computing remainder of sentence for parole violator.
In computing the remainder of the sentence to be served by a parole violator, credit shall be awarded toward his original sentence for any portion of the time that the person has not violated a condition of parole between his release on parole and his return to the institution unless the board directs otherwise.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-405 - Field Services Administrator; Hiring of Agents.

7-13-405. Field services administrator; hiring of agents.
(a) The department has general supervisory authority over state parolees and over probationers for whom the sentencing court requests supervision under W.S. 7-13-410.
(b) The director shall appoint a field services administrator. The department shall:
(i) Keep records of all persons placed on parole or probation under the supervision of the department;
(ii) Cooperate with probation and parole officers of other states in the supervision of parolees and probationers from other states; and
(iii) Consult and cooperate with the courts and institutions of the state to develop plans and procedures to administer the probation and parole laws of the state.
(iv) Repealed by Laws 1992, ch. 25, 4.
(c) The field services administrator, with the approval of the director, shall coordinate the hiring of probation and parole agents.
(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 with any governmental or nongovernmental entity to provide services, other than direct supervision and enforcement, required to carry out the provisions of this article.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-407 - Duties of Probation and Parole Agents.

7-13-407. Duties of probation and parole agents.
(a) Under direction and supervision of the director, probation and parole agents shall:
(i) Except as otherwise directed by the director, devote full time to the performance of their duties in carrying out the provisions of W.S. 7-9-104, 7-9-107, 7-13-303, 7-13-401 through 7-13-424, 7-13-1101 through 7-13-1105, 7-13-1601 through 7-13-1615, 7-13-1801 through 7-13-1803 and 35-7-1043;
Note: Effective 7/1/2024 this paragraph will read as:
(i) Except as otherwise directed by the director, devote full time to the performance of their duties in carrying out the provisions of W.S. 5-12-101 through 5-12-118, 7-9-104, 7-9-107, 7-13-303, 7-13-401 through 7-13-424, 7-13-1101 through 7-13-1105, 7-13-1801 through 7-13-1803 and 35-7-1043;
(ii) Investigate all cases referred by any court, the department or the board, and report to the court, department or board in writing;
(iii) Furnish to each person released on probation, parole or conditional release under his supervision a written statement of the conditions of the probation, parole or conditional release and instruct him regarding the conditions;
(iv) Supervise the conduct of each person on probation if requested by the court granting probation, and of each person on parole or conditional release through personal visits, reports and other appropriate means, and report in writing as often as required by the court, department or board;
(v) Use all practicable and suitable methods, not inconsistent with the conditions imposed by the court, department or board and including the use of incentives and sanctions under W.S. 7-13-1801 through 7-13-1803, to aid and encourage persons on probation, parole or conditional release to bring about improvement in their conditions and conduct;
(vi) Perform other duties as directed by the director.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-409 - Disclosure of Information and Data.

7-13-409. Disclosure of information and data.
All information and data obtained in the discharge of official duties by probation and parole agents is privileged information and shall not be disclosed directly or indirectly to anyone other than to the judge, the department or to others entitled to receive reports unless and until otherwise ordered by the judge, board or department.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-410 - Notice of Probation Order; Request for Probation Supervision or Report.

7-13-410. Notice of probation order; request for probation supervision or report.
(a) The clerk of the court granting probation to a person convicted of a crime shall send a certified copy of the order to the department of corrections or, in the case of a juvenile, to the department of family services.
(b) At the time of granting probation or at any later time, the court may request the department to provide supervision of the probationer. The probation and parole agents will not be required to supervise or report on a person granted probation unless requested to do so by the court granting probation. The court shall not request supervised probation for a misdemeanor offense unless the court makes findings showing a particular need for supervision of the offender.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-411 - Apprehension of Violators.

7-13-411. Apprehension of violators.
(a) A probation and parole agent may, in the performance of his duties:
(i) Repealed By Laws 2011, Ch. 30, 2.
(ii) Repealed By Laws 2011, Ch. 30, 2.
(iii) Request a peace officer to arrest without warrant any probationer or parolee if the probation and parole agent has probable cause to believe the person has violated the conditions of his probation or parole. A person arrested under this paragraph may be detained for a reasonable period of time until a legal warrant is obtained or pending further proceedings under W.S. 7-13-408.
(b) A peace officer may arrest without warrant an alleged probation or parole violator after receiving a written statement from a probation and parole agent setting forth that the probationer or parolee has, in the judgment of the probation and parole agent, violated the conditions of his probation or parole. A peace officer may also arrest without warrant an alleged probation or parole violator at any time the peace officer has probable cause to believe the probationer or parolee has violated the conditions of his probation or parole. A person arrested under this subsection may be detained for a reasonable period of time until a legal warrant is obtained or pending further proceedings under W.S. 7-13-408.
(c) A peace officer may take into custody and hold a person granted parole or on probation from another state when requested to do so by the probation and parole agent or the proper authorities from the other state.
(d) A parole or probation violator apprehended shall be accepted and held in the county jail at the request of the probation and parole agent.
(e) Any expense incurred in holding a parolee in county jail at the 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 be paid by the department unless there are local charges pending. The per diem cost of holding parolees under this section shall be agreed upon by the sheriff and the department, but shall not exceed the amount established by the department based on funds appropriated to the department for housing of offenders.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-418 - Selection, Training and Powers of Local Volunteer; Compensation.

7-13-418. Selection, training and powers of local volunteer; compensation.
(a) In order to further the objectives of W.S. 7-13-401 through 7-13-424, the field services administrator may select, organize and train local volunteer citizens who, acting under his supervision, may:
(i) Advise and assist probation and parole agents with special reference to vocational and technical education services for probationers and parolees;
(ii) Maintain liaison with all appropriate municipal, county, state and federal agencies whose services aid in the reintegration of offenders into society;
(iii) Assist in programs relating to the social, moral and psychological needs of persons released under probation and parole supervision;
(iv) Not receive compensation from the state. At the discretion of the field services administrator, however, volunteers may be reimbursed for necessary and actual expenses incurred in performing the duties described in this section.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-420 - Good Time Allowances.

7-13-420. Good time allowances.
(a) The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which houses Wyoming inmates pursuant to W.S. 7-3-401 or any correctional facility operated pursuant to a contract with the state under W.S. 7-22-102 or inmates or parolees transferred to a community correctional facility pursuant to W.S. 7-18-109 or 7-18-115. The rules may provide either for good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentence imposed by the sentencing court, or both, and may provide for the removal of previously earned good time allowances and the withholding of future good time allowances.
(b) The rules and regulations adopted by the governor as provided by this section shall be filed in the office of the secretary of state but shall at all times be considered rules relating to the internal management of state penal institutions and not affecting private rights of inmates. The granting, refusal to grant, withholding or restoration of good time or special good time allowances to inmates shall be a matter of grace and not that of right of inmates.
(c) The court may adjust the period of a probationer s supervised probation on the recommendation of the probation and parole agent, which shall be based on the probationer's positive progression towards the goals of the case plan as well as the overall compliance with the conditions imposed by the court.
(d) The rules established under subsection (a) of this section shall:
(i) Provide that good time may be awarded for time the sentencing court awards as jail credit in the judgment and sentence if the inmate or parolee would have otherwise received good time credit if the inmate or parolee had served that time in an institution eligible under subsection (a) of this section;
(ii) Provide that good time may be awarded for any time an inmate or parolee spends in custody from the date of sentencing until admission to an institution eligible under subsection (a) of this section;
(iii) Require the department to consult with the county sheriff to determine whether good time should be awarded to an inmate or parolee before awarding good time for jail credit under this subsection.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 4 - Probation and Parole Generally › Section 7-13-421 - Restitution as Condition of Parole.

7-13-421. Restitution as condition of parole.
(a) Repealed By Laws 2011, Ch. 30, 2.
(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106.
(i) Repealed By Laws 2011, Ch. 30, 2.
(ii) Repealed By Laws 2011, Ch. 30, 2.
(iii) Repealed By Laws 2011, Ch. 30, 2.
(iv) Repealed By Laws 2011, Ch. 30, 2.
(c) If the parolee fails to pay the restitution as provided by this section the board may:
(i) Modify the amount of the restitution;
(ii) Repealed By Laws 2011, Ch. 30, 2.
(iii) Revoke the parole.
(d) The board may waive the payment of some or all of the restitution as a condition of parole if it finds the payment of some or all of the restitution will work an undue hardship on the parolee or his family. Victims who have requested to receive notification pursuant to W.S. 1-40-204(f) of information authorized to be released pursuant to W.S. 1-40-204(d) shall be given notice and an opportunity to be heard prior to the board making a decision to waive some or all of the restitution under this subsection.
(e) Nothing in this section shall limit or impair the rights of victims to sue and recover damages from the parolee in a civil action. However, any restitution payment by the parolee to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
(f) The fact that restitution was required or made under this section shall not be admissible as evidence in a civil action unless offered by the parolee.
(g) In the event a victim is not satisfied with the restitution plan required or modified by the board, the victim's exclusive remedies are a civil action against the parolee or execution on the restitution order pursuant to W.S. 7-9-103(d).
(h) The board may require payment of the following obligations as conditions of parole if it finds the parolee is reasonably capable of making the payments, taking into account the factors enumerated in W.S. 7-9-106(a)(iii):
(i) Support of dependents of the parolee;
(ii) Court ordered fines, reimbursement for the services of the public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119 and the surcharge imposed under W.S. 7-13-1616;
Note: Effective 7/1/2024 this paragraph will read as:
(ii) Court ordered fines, reimbursement for the services of the public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119 and the surcharge imposed under W.S. 5-12-118;
(iii) Costs or partial costs of evaluations, treatment, services, programs or assistance the parolee is receiving;
(iv) Cost or partial costs of supervision of the parolee imposed under W.S. 7-13-1102(a)(iii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 5 - Continuation of Employment During Probation › Section 7-13-501 - Power of Court to Allow; Confinement When Not Working.

7-13-501. Power of court to allow; confinement when not working.
As a condition of probation in any misdemeanor case, or as a condition of probation granted under W.S. 7-13-107(b)(ii), the sentencing court may allow an employed defendant to continue to work at his employment and provide that when the defendant is not employed, and between the hours or periods of his employment, he shall be confined in the county jail. As a condition of special treatment under this section, the court shall require the defendant to pay a reasonable amount for room and board as determined by the sheriff.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 5 - Continuation of Employment During Probation › Section 7-13-503 - Work Arrangement in Another County.

7-13-503. Work arrangement in another county.
The court may by order authorize the sheriff of the county in which probation is granted to arrange with another sheriff for the defendant granted probation under W.S. 7-13-501 to work at his employment in the other county, and to be confined in the county jail of the other county between the hours or periods when he is not working at his employment.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 5 - Continuation of Employment During Probation › Section 7-13-504 - Persons Committed for Contempt of Court.

7-13-504. Persons committed for contempt of court.
A person committed to the county jail for contempt of court may be granted probation to continue his employment as provided by W.S. 7-13-501.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 7 - Furlough Programs › Section 7-13-701 - Definitions; Establishment of Programs.

7-13-701. Definitions; establishment of programs.
(a) As used in this section:
(i) "Department" means the state department of corrections;
(ii) "Compassionate leave" means a temporary release to visit a member of the inmate's immediate family who is in danger of death, or to attend the funeral services or other last rites of a member of the inmate's immediate family;
(iii) "Immediate family member" means a spouse, child, parent, brother or sister.
(b) The department may adopt reasonable rules and regulations which will provide for a reentry furlough program for inmates of any state penal institution. The reentry furlough program shall be designed for inmates who are about to be released on parole or final discharge from imprisonment to aid in their reintegration as productive members of society. The program may provide for escorted or unescorted temporary leaves of absence from the institution for purposes of:
(i) Securing community living arrangements;
(ii) Job interviews with prospective employers;
(iii) Learning or relearning necessary living skills; and
(iv) Other purposes, consistent with the public interest, necessary for the inmate's successful reintegration into society.
(c) The department may adopt reasonable rules and regulations which will establish a furlough program to provide for escorted or unescorted temporary leaves of absence from any state penal institution for purposes of:
(i) Maintaining the prisoner's relationship with immediate family members; and
(ii) Providing for compassionate leaves.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 7 - Furlough Programs › Section 7-13-702 - Escape.

7-13-702. Escape.
An inmate is deemed guilty of escape from official detention and shall be punished as provided by W.S. 6-5-206(a)(i) if, without proper authorization, he fails to remain within the extended limits of his confinement, the location he has been furloughed to, or fails or neglects to return within the time prescribed or when ordered to do so to the institution from which he received a furlough pursuant to W.S. 7-13-701.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-801 - Application for Reprieve; Conditions; Acceptance and Filing.

7-13-801. Application for reprieve; conditions; acceptance and filing.
(a) An application for a reprieve shall be made to the governor and shall contain:
(i) The name of the person seeking the reprieve;
(ii) The offense for which he was convicted;
(iii) The date and place of the conviction;
(iv) The sentence imposed;
(v) The sentence served;
(vi) Any subsequent arrests, criminal charges, convictions or sentences; and
(vii) Any other pertinent information the governor may request.
(b) The governor's warrant granting a reprieve shall list any conditions upon which the reprieve is granted. The person accepting the reprieve shall agree in writing to any conditions contained in the warrant.
(c) The warrant of reprieve with the acceptance signed by the person granted the reprieve shall be filed with the clerk of the sentencing court as a part of the record in the case.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-802 - Confinement of Reprieved Persons.

7-13-802. Confinement of reprieved persons.
The governor may require as a condition of the reprieve that the person reprieved be confined in a state penal institution during the period of the reprieve.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-803 - Manner of Applying for Pardon.

7-13-803. Manner of applying for pardon.
Application for the pardon of any person convicted of a felony shall be made in the manner and under the restrictions prescribed in W.S. 7-13-803 through 7-13-806.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-804 - Contents of Application for Pardon; Notice to District Attorney.

7-13-804. Contents of application for pardon; notice to district attorney.
(a) A person convicted of a felony may apply to the governor for a pardon. The application shall contain:
(i) The name of the person seeking the pardon;
(ii) The offense for which he was convicted;
(iii) The date and place of the conviction;
(iv) The sentence imposed;
(v) The sentence served;
(vi) Any subsequent arrests, criminal charges, convictions or sentences; and
(vii) Any pertinent information the governor may request such as parole and community correctional program records.
(b) The governor shall give notice of the application to the district attorney of the county in which the applicant was indicted or informed against at least three (3) weeks before the application is considered by the governor.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-805 - Statement of District Attorney Following Notice of Pardon Application.

7-13-805. Statement of district attorney following notice of pardon application.
Within ten (10) days after receiving the notice required by W.S. 7-13-804(b), the district attorney for the county in which the applicant was indicted or informed against shall forward to the governor a statement setting forth the time of the trial and conviction, the date and term of the sentence, the crime of which the person was convicted and any circumstances in aggravation or extenuation which appeared in the trial and sentencing of the person.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-806 - Certification That Applicant for Pardon in Danger of Death.

7-13-806. Certification that applicant for pardon in danger of death.
When a physician certifies to the governor that the applicant for pardon is in imminent danger of death and the department of corrections recommends to the governor that the person be pardoned, the requirements of W.S. 7-13-803 through 7-13-805 do not apply.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 8 - Pardons and Reprieves › Section 7-13-807 - Commutation of Death Sentences.

7-13-807. Commutation of death sentences.
Pursuant to article 3, section 53 of the Wyoming constitution, a death sentence may be commuted to a sentence of life imprisonment without parole but that sentence shall not be subject to further commutation.
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EXECUTION OF DEATH SENTENCE
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-901 - Notice That Convict Lacks Requisite Mental Capacity.

7-13-901. Notice that convict lacks requisite mental capacity.
(a) As used in W.S. 7-13-901 through 7-13-903:
(i) "Court" means the district court which has sentenced a convict to punishment of death;
(ii) "Designated examiner" means a licensed psychiatrist or the combination of a licensed physician and a licensed psychologist who act in concert;
(iii) "Facility" means the Wyoming state hospital or other facility designated by the court which can adequately provide for the security, examination or treatment of the convict;
(iv) "Custodian" means the sheriff, warden, or head of any facility in which the convict is being held pending execution of the death sentence;
(v) "Requisite mental capacity" means the ability to understand the nature of the death penalty and the reasons it was imposed.
(b) If it appears to any custodian or other interested person that any convict sentenced to the punishment of death does not have the requisite mental capacity, the custodian or interested person shall immediately give notice in writing to the court.
(c) Notice to the court under subsection (b) of this section shall be detailed and accompanied by all psychiatric or psychological reports or evaluations made of the convict since the imposition of the death sentence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-903 - Suspension of Execution of Convict Lacking Requisite Mental Capacity; Periodic Reexaminations; Subsequent Proceedings.

7-13-903. Suspension of execution of convict lacking requisite mental capacity; periodic reexaminations; subsequent proceedings.
(a) If the court finds that the convict does not have the requisite mental capacity, the judge shall suspend the execution of the convict. Thereafter a designated examiner shall reexamine the convict at least every twelve (12) months at the direction of the court. After two (2) annual examinations the court may suspend reexamination of the convict.
(b) When the designated examiner determines after examination required by this section that the conditions justifying the suspension of the execution of the death sentence no longer exist, he shall immediately report his determination to the court. The court shall commence a new hearing according to W.S. 7-13-902.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-904 - Method of Execution.

7-13-904. Method of execution.
(a) When sentence of death is imposed by the court in any criminal case, the punishment of death shall be executed by the administration of a continuous intravenous injection of a lethal quantity of an ultra-short-acting barbiturate, alone or in combination with a chemical paralytic agent and potassium chloride, or other equally effective substance or substances sufficient to cause death, until death is pronounced by a licensed physician according to accepted standards of medical practice. The sentence of death shall be executed within the time prescribed by law, unless, for cause shown, the court or governor extends the time. Administration of the injection does not constitute the practice of medicine.
(b) If the execution of the sentence of death as provided in subsection (a) of this section is held unconstitutional, the sentence of death shall be executed by the administration of lethal gas within the time prescribed by law unless for cause shown, the court or the governor extends the time.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-905 - Place and Time; Supervision.

7-13-905. Place and time; supervision.
(a) A sentence of death shall be executed within the confines of a state penal institution designated by the director of the department of corrections, before the hour of sunrise on the day specified in the warrant which shall not be less than thirty (30) days after the date of the judgment.
(b) The execution shall be carried out under the supervision and direction of the director of the department of corrections.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-906 - Issuance and Delivery of Warrant.

7-13-906. Issuance and delivery of warrant.
Whenever a person is sentenced to death, the judge passing sentence shall issue a warrant, signed by the judge and attested by the clerk under the seal of the court, reciting the conviction and sentence and fixing a date of execution. The warrant shall be directed to the director of the department of corrections and shall be delivered by the sheriff at the time the prisoner is delivered to the state penal institution designated by the director.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-907 - Confinement Pending Execution; Visitors.

7-13-907. Confinement pending execution; visitors.
(a) The administrator of the state penal institution shall keep a person sentenced to death in solitary confinement until execution of the death penalty, except the following persons shall be allowed reasonable access to the prisoner:
(i) The prisoner's physician and lawyers;
(ii) Relatives and spiritual advisers of the prisoner; and
(iii) Persons involved in examining a prisoner believed to be pregnant or mentally unfit to proceed with the execution of the sentence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-908 - Witnesses.

7-13-908. Witnesses.
(a) Only the following witnesses may be present at the execution:
(i) The director of the department of corrections and any persons deemed necessary to assist him in conducting the execution;
(ii) Two (2) physicians, including the prison physician;
(iii) The spiritual advisers of the prisoner;
(iv) The penitentiary chaplain;
(v) The sheriff of the county in which the prisoner was convicted; and
(vi) Not more than ten (10) relatives or friends requested by the prisoner.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-909 - Setting of New Execution Date Following Unexecuted Sentence.

7-13-909. Setting of new execution date following unexecuted sentence.
If for any reason a sentence of death has not been executed and remains in force, the court in which sentence was pronounced, on application of the district attorney, shall, if no legal reason exists for not proceeding with the execution of the sentence, enter an order setting a new date for the execution of the sentence, which shall not be less than thirty (30) days from the date of the order. The court may order the prisoner to be brought before it or, if the prisoner is at large, issue a warrant for the prisoner's arrest. The court shall also issue a new warrant directed to the director of the department of corrections to carry out the execution of the sentence as provided by W.S. 7-13-906.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-910 - Suspension Until Specified Day or Temporary Reprieve; Return of Warrant.

7-13-910. Suspension until specified day or temporary reprieve; return of warrant.
(a) If execution of sentence is suspended until a specified day or if a temporary reprieve is granted until a specified day, the fact of the suspension or reprieve shall be noted on the warrant. On the arrival of the specified day the director of the department of corrections shall proceed with the execution without the necessity for the issuance of a new warrant.
(b) In all cases, the director of the department of corrections shall make a return upon the warrant to the court which sentenced the prisoner.