reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-107 - Required Guidelines in Contracts; Review by Local Government.

7-18-107. Required guidelines in contracts; review by local government.
(a) Every contract for services entered into pursuant to this act between a corrections board and a local unit of government or a nongovernmental agency shall provide guidelines for the operation of the adult community correctional facility or program and minimum standards for the services provided, including:
(i) Requirements for strict accountability procedures and practices for the conduct and supervision of offenders, parolees and inmates including requirements for twenty-four (24) hour supervision of offenders, parolees and inmates in residential programs;
(ii) Guidelines for service providers to perform periodic and unscheduled tests to determine the use of drugs by offenders, parolees and inmates; and
(iii) Guidelines for service providers to develop individual treatment plans for each offender, parolee or inmate.
(b) Prior to entering into agreement or contract with any nongovernmental adult community corrections agency, the corrections board shall submit the agreement or contract and any proposed guidelines for the use of any program or facility to the department and the governing body of any affected unit of local government for its review and recommendations.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-108 - Placement of Offender in Program by Court; Placement by Department as Administrative Sanction.

7-18-108. Placement of offender in program by court; placement by department as administrative sanction.
(a) Subject to subsection (b) of this section, following an eligible adult offender's conviction or his plea of guilty, the sentencing court may, as a condition of probation, order that the offender participate in a residential or nonresidential adult community correctional program during all or any part of his term of probation.
(b) Placement of an offender in an adult community correctional facility or program under this section shall be made only if:
(i) The adult community correctional facility or program is operated by a governmental unit or a nongovernmental agency which has entered into a contract with the corrections board serving the county in which the defendant is sentenced and the corrections board has contracted with the department to provide adult community correctional services for offenders;
(ii) Funding for the placement is available;
(iii) The offender is acceptable to the corrections board; and
(iv) The offender is assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
(c) Prior to the placement of an offender in any nongovernmental adult community correctional facility, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.
(d) The probation and parole agent for the judicial district shall include in the presentence report or otherwise recommend to the sentencing judge recommendations for the utilization of any governmental or, when available, nongovernmental adult community correctional facility or program which has been approved for use by the corrections board.
(e) The probation and parole officers for the judicial district shall have general supervisory authority over all offenders placed in adult community correctional facilities or programs under this section.
(f) Subject to subsection (b) of this section, the department may impose the administrative sanctions provided in W.S. 7-13-1802(b) on any probationer participating in an intensive supervision program who violates the rules and restrictions of the program as an alternative to probation revocation.
(g) Notwithstanding paragraph (b)(iv) of this section, placement of a probationer in an adult community correctional program as a sanction under subsection (f) of this section and W.S. 7-13-1801 through 7-13-1803 or following a revocation of probation shall not require the probationer to be assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-109 - Transfer of Inmate to Facility by Department.

7-18-109. Transfer of inmate to facility by department.
(a) Subject to subsection (b) of this section, and upon recommendation of the warden or superintendent of the institution, the department may transfer an adult inmate to a residential adult community correctional facility.
(b) A transfer of an inmate to a residential adult community correctional facility under this section may be made only if:
(i) The department determines the inmate poses a low risk of escape 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 of his parole eligibility date and his conduct during his confinement has been such that he is appropriate for placement;
(iv) The residential adult community correctional facility is operated under a contract with a corrections board and the corrections board has contracted with the department to provide services which include placement of 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 the inmate will be better served by the transfer.
(c) Prior to the placement of an inmate in any nongovernmental adult community correctional facility, the department shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the inmate to be placed.
(d) No inmate shall be transferred to a residential adult community corrections facility under this section unless he agrees in writing to abide by the regulations of the program provider and any additional conditions imposed by the department. Approval of a transfer under this section is not a discharge of the inmate but shall be construed as an extension of the limits of confinement of the institution to which the inmate was committed. The department may revoke the approval of the transfer of an inmate under this section at any time for violation by the inmate of any conditions of the placement. Upon revocation the inmate shall be returned to the physical custody of the department.
(e) The probation and parole officers for the judicial district shall have general supervisory authority over all inmates in adult community correctional facilities or programs under this section.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-110 - Authority of Department of Corrections to Contract for Services.

7-18-110. Authority of department of corrections to contract for services.
(a) Subject to legislative appropriation, the department may, by negotiation without competitive bids or by competitive bidding, contract with any community corrections board created under this act, to provide services for:
(i) Convicted felony offenders ordered by a sentencing court to participate in adult community correctional facilities or programs as a condition of probation;
(ii) Inmates transferred to a residential adult community correctional facility by the department pursuant to W.S. 7-18-109; or
(iii) Parolees required to participate in a residential or nonresidential adult community correctional program as a condition of parole pursuant to W.S. 7-18-115.
(b) No inmate, parolee or offender shall be deemed to be a third party beneficiary of, or to be otherwise entitled to enforce any provision of, any contract entered into under subsection (a) of this section.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-111 - Duties of Department of Corrections.

7-18-111. Duties of department of corrections.
(a) The department shall:
(i) Establish minimum facility standards for residential adult community correctional facilities operated by any entity receiving funds under this act;
(ii) Establish minimum standards for adult community correctional programs;
(iii) Review and evaluate all adult community correctional facilities and programs funded under this act;
(iv) Prescribe accounting and reporting standards for all program providers under this act;
(v) Establish a per diem rate to be paid program providers under this act which shall not exceed the daily cost of keeping an inmate at the Wyoming state penitentiary;
(vi) Promulgate rules and regulations reasonably necessary to carry out the provisions of this act.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-112 - Escape.

7-18-112. Escape.
(a) An offender, parolee or 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:
(i) Fails to remain within the extended limits of his confinement or to return within the time prescribed to an adult community correctional facility to which he was assigned or transferred; or
(ii) Being a participant in a program established under the provisions of this act he leaves his place of employment or fails or neglects to return to the adult community correctional facility within the time prescribed or when specifically ordered to do so.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-113 - Confinement of Violators.

7-18-113. Confinement of violators.
If the administrator of an adult community correctional facility or any other appropriate supervising authority has cause to believe that an offender, parolee or inmate placed in an adult community correctional facility has violated any rule or condition of that person's placement in that facility or any term of post-release supervision or cannot be safely housed in that facility, the administrator or other authority shall certify to the department the facts which are the basis for the belief and execute a transfer order to the sheriff of the county in which the facility is located, who shall confine the offender, parolee or inmate in the county jail pending a determination by the appropriate judicial or executive authorities as to whether or not the offender, parolee or inmate shall remain in community corrections.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-114 - Record and Disbursement of Wages; Exemption From Process; Confidentiality of Amount.

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 an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified:
(i) Personal necessities;
(ii) Room and board to the program operator at a rate to be established by the department;
(iii) Support of dependent relations;
(iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616;
Note: Effective 7/1/2024 this paragraph will read as:
(iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 5-12-118;
(v) Repealed By Laws 1999, ch. 62, 2.
(vi) Costs of health insurance; and
(vii) Remaining funds shall be paid to the inmate, parolee or offender 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 retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court.
(c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department.
(d) The earnings of inmates under this act are not subject to garnishment, attachment or execution.
(e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 18 - Community Corrections › Section 7-18-115 - Assignment of Parolee to Program by State Board of Parole; Placement by Department as Administrative Sanction.

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 board of parole may, as a condition of parole, require a parolee to participate in a residential or nonresidential adult community correctional program during all or any part of his term of parole.
(b) Placement of a parolee in an adult community correctional facility or program under this section shall be made only if:
(i) Repealed by Laws 2019, ch. 116, 3.
(ii) The adult community correctional facility or program is operated under a contract with a corrections board and the corrections board has contracted with the department to provide services which include placement of parolees;
(iii) The parolee has been accepted by the corrections board;
(iv) Funding for the placement is available; and
(v) The offender is assessed through a validated risk-need assessment as a high risk of reoffending or violating a condition of parole.
(c) Prior to the placement of a parolee in any nongovernmental adult community correctional facility, the department shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the parolee to be placed.
(d) No parolee shall be paroled to an adult residential community corrections facility under this section unless he agrees in writing to abide by the regulations of the program provider and any additional conditions imposed by the state board of parole and the department.
(e) The state board of parole may revoke a parolee's parole at any time for violation by the parolee of any conditions of the placement under this section. Upon revocation, the parolee shall be returned to the physical custody of the department.
(f) The probation and parole officers for the judicial district shall have general supervisory authority over all parolees placed in adult community correctional facilities or programs under this section.
(g) Subject to subsection (b) of this section, the department may impose the administrative sanctions provided in W.S. 7-13-1802(b) on any parolee participating in an intensive supervision program who violates the rules and restrictions of the program as an alternative to parole revocation.
(h) Notwithstanding paragraph (b)(v) of this section, placement of a parolee in an adult community correctional program authorized under this article as a sanction under subsection (g) of this section, W.S. 7-13-1801 through 7-13-1803 or following a modification or revocation of parole shall not require the parolee to be assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 1 - In General › Section 7-19-102 - Scope and Applicability of Provisions.

7-19-102. Scope and applicability of provisions.
(a) This act governs all systems of records for the collection, maintenance, use and dissemination of individually identifiable criminal history record information by any criminal justice agency.
(b) This act applies to criminal history record information compiled for all felonies, high misdemeanors and other misdemeanors determined by the division pursuant to W.S. 9-1-623(a) but does not apply to violations of municipal ordinances.
(c) Notwithstanding any provision of this act, specific provisions relating to confidentiality of records contained in Title 14, Wyoming statutes, shall govern in those circumstances to which the more specific statute applies. This subsection shall not apply to the disclosure requirements provided in W.S. 7-19-309.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 1 - In General › Section 7-19-104 - Procedures to Insure Currentness of Information; Disposition and Arrest Data.

7-19-104. Procedures to insure currentness of information; disposition and arrest data.
(a) The collection, storage, dissemination and use of criminal history record information under this act shall take place under procedures reasonably designed to ensure that all information is kept current.
(b) Criminal history record information collected, stored, disseminated or used under this act shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 1 - In General › Section 7-19-105 - Rules and Regulations.

7-19-105. Rules and regulations.
(a) The division shall promulgate reasonable rules and regulations to carry out the provisions of this act. The rules shall include:
(i) Standards and procedures to ensure the security and privacy of all criminal history record information and that the information is used only for criminal justice and other lawful purposes; and
(ii) Standards and procedures in conformance with this act relating to access to and dissemination of criminal history record information, research, system security, record completeness and accuracy, training, intrastate and interstate exchanges, user agreements, audits and procedures for review and challenge of records.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 1 - In General › Section 7-19-108 - Fees.

7-19-108. Fees.
(a) The division may charge the record subject or any other person or noncriminal justice agency qualified to receive criminal history record information, a reasonable application fee of not more than fifteen dollars ($15.00) for processing of fingerprints and other information submitted for a criminal history records check, except:
(i) No fee shall be charged to criminal justice agencies or the department of family services;
(ii) The application fee charged shall be not more than ten dollars ($10.00) if:
(A) The applicant is an organization engaged in providing volunteer services to youth or victims of family violence. Examples of those organizations include big brothers and big sisters and volunteer workers in safe houses for victims of family violence; and
(B) The applicant requests the background investigation be performed solely to determine the suitability of a prospective volunteer to provide volunteer services.
(iii) If national criminal history record information is requested by the submitting party pursuant to W.S. 7-19-201, the application shall include any additional fee required by the federal bureau of investigation in accordance with federal P.L. 92-544.
(b) Criminal justice agencies which fingerprint applicants at the request of noncriminal justice agencies for criminal history record information may charge a reasonable fee of not more than five dollars ($5.00) for fingerprinting. Fees collected under this subsection shall be credited to the state general fund or to the general fund of the appropriate county or municipality.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 1 - In General › Section 7-19-109 - Inspection; Deletion or Modification of Information.

7-19-109. Inspection; deletion or modification of information.
(a) An individual has the right to inspect all criminal history record information located within this state which refers to him. The record subject may apply to the district court for an order to purge, modify or supplement inaccurate or incomplete information. Notification of each deletion, amendment or supplementary notation shall be promptly disseminated to any person or agency which received a copy of the record in question during the previous twelve (12) month period as well as the person whose record has been altered.
(b) Criminal justice agencies may prescribe reasonable hours and places for inspection of criminal history record information and may impose additional restrictions, including fingerprinting, reasonably necessary to both assure the records' security and to verify the identities of those who seek to inspect the records.
(c) When an application for inspection of criminal history record information is received by a criminal justice agency the agency shall determine whether a record pertaining to the applicant is maintained. If a record is maintained, the agency shall inform the applicant of the existence of the record and inform him of the procedure for examining the record. Upon verification of his identity, the applicant or his authorized representative shall be allowed to examine the record pertaining to him and to receive a true copy.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 3 - Sex Offender Registration › Section 7-19-304 - Termination of Duty to Register.

7-19-304. Termination of duty to register.
(a) The duty to register under W.S. 7-19-302 shall begin on the date of sentencing and continue for the duration of the offender's life, subject to the following:
(i) An offender specified in W.S. 7-19-302(g) or adjudicated as a delinquent for offenses specified in W.S. 7-19-302(j), who has been registered for at least ten (10) years, exclusive of periods of confinement and periods in which the offender was not registered as required by law, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register if the offender has maintained a clean record as provided in subsection (d) of this section. Upon a showing that the offender has maintained a clean record as provided in subsection (d) of this section for ten (10) years, the district court may order the offender relieved of the duty to continue registration;
(ii) An offender specified in W.S. 7-19-302(h) who has been registered for at least twenty-five (25) years, exclusive of periods of confinement and periods in which the offender was not registered as required by law, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register if the offender has maintained a clean record as provided in subsection (d) of this section. Upon a showing that the offender has maintained a clean record as provided in subsection (d) of this section for twenty-five (25) years, the district court may order the offender relieved of the duty to continue registration; and
(A) Repealed By Laws 1999, ch. 203, 3.
(B) Repealed By Laws 1999, ch. 203, 3.
(iii) A petition filed under this subsection shall be served on the prosecuting attorney for the county in which the petition is filed. The court shall not grant a petition that was not served on the prosecuting attorney. The prosecuting attorney may file a responsive pleading within thirty (30) days after service of the petition.
(b) Repealed By Laws 1999, ch. 203, 3.
(c) Nothing in W.S. 7-13-302 shall be construed as operating to relieve the offender of his duty to register pursuant to W.S. 7-19-302.
(d) An offender seeking a reduction in his registration period as provided in paragraph (a)(i) or (ii) of this section shall demonstrate to the court that he has maintained a clean record by:
(i) Having no conviction of any offense for which imprisonment for more than one (1) year may be imposed;
(ii) Having no conviction of any sex offense;
(iii) Successfully completing any periods of supervised release, probation and parole; and
(iv) Successfully completing any sex offender treatment previously ordered by the trial court or by his probation or parole agent.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 3 - Sex Offender Registration › Section 7-19-305 - Registration; Duties of Registering Entities; Notice to Persons Required to Register.

7-19-305. Registration; duties of registering entities; notice to persons required to register.
(a) The entity required to register an offender under W.S. 7-19-302(c) shall provide written notification to the offender of the requirements of this act and shall receive and retain a signed acknowledgment of receipt. The entity shall forward all registration information to the division within three (3) working days after registering the offender. When registering an offender the registering entity shall:
(i) Obtain the information required for the registration by W.S. 7-19-302;
(ii) Inform the offender that if he changes residence address he shall give the new address to the sheriff in person within three (3) working days, or if he becomes transient through lack of residence, he shall report on a weekly basis to the sheriff in the county in which he is registered until he establishes another residence;
(iii) Inform the offender that if he changes residence to another state, he shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than three (3) working days after establishing residence in the new state;
(iv) Obtain, or arrange for another law enforcement agency to provide, fingerprints, DNA sample and a photograph of the offender if these have not already been obtained in connection with the offense that triggers the registration requirement;
(v) Inform the offender that if he is employed or attends school in another state while continuing residence in this state he must register with the other state as a nonresident worker or nonresident student;
(vi) Inform the offender that in addition to any other registration requirements of this act, if the offender becomes employed by or attends school at any educational institution in this state, or if his status of employment or enrollment at any educational institution in this state as reported during his last registration changes in any manner, he shall register the change within three (3) working days of the change with the entity with whom he last registered.
(b) The department or other agency assuming jurisdiction shall provide written notification to an offender convicted in another state of the registration requirements of W.S. 7-19-302 at the time the department or agency accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under W.S. 7-3-401.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 3 - Sex Offender Registration › Section 7-19-307 - Penalties.

7-19-307. Penalties.
(a) Failure to register, update any registration information or pay any fee required under subsection (r) of this section within the time required under W.S. 7-19-302 constitutes a per se violation of this act and is punishable as provided in this section. The division shall notify the appropriate authorities when it discovers that an offender fails to register, update any registration information or pay any fee required under subsection (r) of this section within the time required under W.S. 7-19-302 or when an offender absconds.
(b) An arrest on charges of failure to register, service of an information or complaint for a violation of this act, or arraignment on charges for a violation of this act, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this act who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service or arraignment. Failure to register as required under this subsection constitutes grounds for filing another charge of failing to register. Registering following arrest, service or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(c) A person who knowingly fails to register as required by W.S. 7-19-302 is guilty of a felony punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for not more than five (5) years, or both.
(d) A person convicted of a subsequent violation of knowingly failing to register as required by W.S. 7-19-302 is guilty of a felony punishable by a fine of one thousand dollars ($1,000.00), imprisonment for not more than ten (10) years, or both.
(e) A person who willfully fails to pay fees required under W.S. 7-19-302 is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not more than six (6) months, or both.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 3 - Sex Offender Registration › Section 7-19-308 - Harboring a Sex Offender; Penalties; Exceptions.

7-19-308. Harboring a sex offender; penalties; exceptions.
(a) A person is guilty of the crime of harboring, assisting, concealing, or withholding information about, a sex offender, if the person has knowledge that a sex offender is required to register under W.S. 7-19-302 and the person:
(i) Assists the sex offender in eluding a law enforcement agency that is seeking to question the sex offender about, or to arrest the sex offender for, his noncompliance with the requirements of W.S. 7-19-302 or any other law prohibiting a sexual offense, child abuse or kidnapping;
(ii) Withholds information, including but not limited to the location of the sex offender, from, or fails to notify, the law enforcement agency about the sex offender's noncompliance with the requirements of W.S. 7-19-302 or any other law prohibiting a sexual offense, child abuse or kidnapping and commits an affirmative act in furtherance of paragraph (a)(i), (iii) or (iv) of this section;
(iii) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sex offender;
(iv) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sex offender; or
(v) Provides information to the law enforcement agency regarding the sex offender which the person knows to be false.
(b) Subsection (a) of this section shall not apply if the sex offender is incarcerated in a local, state or federal detention or correctional facility, or is in the custody of a law enforcement agency.
(c) A violation of subsection (a) of this section shall be a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 3 - Sex Offender Registration › Section 7-19-310 - Sex Offender Registration Account; Purposes.

7-19-310. Sex offender registration account; purposes.
There is created the sex offender registration account to be administered by the division. Any state registration or reporting fees collected pursuant to W.S. 7-19-302 shall be deposited into the account. Funds in the account shall be expended only upon appropriation by the legislature and shall not be transferred or expended for any purpose other than administering and enforcing the provisions of this act. Interest accruing to the account shall be retained in the account and shall be expended for the purposes provided in this section.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-401 - Definitions.

7-19-401. Definitions.
(a) For purposes of this act:
(i) "CODIS" means the FBI's national DNA identification index system;
(ii) "Convicted" includes pleas of guilty, nolo contendere and verdicts of guilty upon which a judgment of conviction may be rendered. "Convicted" shall not include dispositions pursuant to W.S. 7-13-301 or 35-7-1037;
(iii) "Criminal justice agency" means any agency or institution of state or local government, other than the office of the public defender, which performs as part of its principal function, activities relating to:
(A) The apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders; or
(B) The collection, maintenance, storage, dissemination or use of criminal history record information.
(iv) "Department" means the Wyoming department of corrections;
(v) "Division" means the division of criminal investigation within the office of the Wyoming attorney general;
(vi) "DNA" means deoxyribonucleic acid located in the cells;
(vii) "DNA record" means DNA identification information stored in the state DNA database or CODIS for the purposes of generating investigative leads or supporting statistical interpretation of DNA test results. The objective form of DNA analysis test including numerical representation of DNA fragment lengths, the digital image of autoradiographs and discrete allele assignment numbers of a DNA sample, together with the identity of the submitting agency shall be stored as a DNA record in the state DNA database;
(viii) "DNA sample" means a human tissue sample containing DNA which may include, but is not limited to, blood, hair and buccal cells;
(ix) "FBI" means the federal bureau of investigation;
(x) "In custody" means imprisoned in the Wyoming state penitentiary, state penitentiary farms and camps or Wyoming women's center, committed to the Wyoming boys' school pursuant to W.S. 7-13-101, or on probation or parole;
(xi) "State DNA database" means the DNA identification record system established under this act;
(xii) "Sexual assault biological evidence" includes DNA samples and evidence gathered during an examination conducted under W.S. 6-2-309;
(xiii) "This act" means W.S. 7-19-401 through 7-19-407.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-402 - DNA Database Created; Uses of Information Restricted.

7-19-402. DNA database created; uses of information restricted.
(a) The division shall establish a state DNA database for convicted felons, crime scene specimens and close biological relatives of missing persons in accordance with the provisions of this act. The state DNA database shall be used to assist federal, state and local criminal justice agencies in the putative identification, detection or exclusion of individuals who are subjects of a prosecution of a crime involving biological evidence from the crime scene. The database may also be used:
(i) To support development of a population statistics database, when personal identifying information is removed;
(ii) To support identification research and protocol development of forensic DNA analysis methods;
(iii) For quality control purposes; and
(iv) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of living missing persons.
(b) DNA samples collected and stored for the state DNA database shall not be used or disseminated for purposes other than those specified in this act.
(c) The state DNA database, including test procedures, laboratory equipment, supplies and computer software shall be compatible with that utilized by the FBI. Local criminal justice agencies that establish or operate a DNA identification record system shall ensure that such system is compatible with the state DNA database and that the local system is equipped to receive and answer inquiries from the state DNA database and transmit DNA records to the state DNA database. Procedures and rules for the collection, analysis, storage, expungement and use of DNA identification data shall be uniform throughout the state DNA database.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-403 - DNA Samples Required; Collection; Testing; Reimbursement of Costs.

7-19-403. DNA samples required; collection; testing; reimbursement of costs.
(a) Every person convicted of a felony on or after July 1, 1997, and every person who on or after July 1, 1997, is in custody in this state as a result of a felony conviction shall provide a DNA sample for analysis to determine identification characteristics specific to the person. The DNA record resulting from the DNA analysis shall be stored and maintained by the division in the state DNA database.
(b) DNA samples shall be collected in a medically approved manner by a physician, registered nurse, qualified clinical or laboratory technician or other person qualified by training and experience. Persons authorized to draw or collect DNA samples under this section shall not be civilly liable for such acts when acting in a reasonable manner according to generally accepted medical practices. DNA samples required under this section for persons in custody on or after July 1, 1997, shall be provided prior to release from custody. DNA samples required under this section for persons convicted on or after July 1, 1997, and not sentenced to imprisonment shall be provided as a condition of the sentence immediately after sentencing. The division shall promulgate rules and regulations governing the policies and procedures for the collection of DNA samples and transfer of DNA samples to the division. Criminal justice agencies having custody of a person required to provide a DNA sample under this section shall comply with rules and regulations of the division relating to the collection of DNA samples and transfer of such DNA samples for analysis.
(c) DNA samples collected under this section shall be transmitted to the division for the state DNA database. The division shall perform tests on the DNA samples as necessary to implement the purposes of the state DNA database as specified in W.S. 7-19-402(a). The division may contract for services to perform DNA typing under this subsection. The division shall ensure that:
(i) Any contractor conducts forensic DNA analysis in accordance with national standards for DNA quality assurance and proficiency testing issued pursuant to the Federal DNA Identification Act of 1994; and
(ii) Typing results meet acceptance criteria established by the FBI for inclusion of DNA records in CODIS.
(d) The division shall reimburse any Wyoming city, town, county or agency required to collect DNA samples under this act for the cost of collecting the sample. The procedure for reimbursement shall be in accordance with rules adopted by the division.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-404 - Access to Database; Information Authorized to Be Stored.

7-19-404. Access to database; information authorized to be stored.
(a) The division shall authorize access to or disclose DNA records and DNA samples collected in the state DNA database only in the following circumstances:
(i) To criminal justice agencies for law enforcement identification purposes;
(ii) For criminal defense purposes, to a defendant who shall have access to samples and analyses performed in connection with the case in which such defendant is charged;
(iii) For a population statistics database, identification research and protocol development or quality control purpose, and then only if personal identifying information is removed; and
(iv) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of living missing persons.
(b) Access to the state DNA database shall be limited to duly constituted federal, state and local criminal justice agencies through their servicing forensic DNA laboratories. The division shall allow access to defendants for criminal defense purposes as defined in paragraph (a)(ii) of this section upon court order. The division shall adopt rules and procedures to ensure the state DNA database is protected against unauthorized access to the system or files containing DNA related information.
(c) Only DNA records which directly relate to the identification characteristics of individuals shall be collected and stored in the state DNA database. The information contained in the state DNA database shall not be collected or stored for the purpose of obtaining information about physical characteristics, traits or predisposition for disease and shall not serve any purpose other than those stated in W.S. 7-19-402(a). The submitting agency may maintain control of the DNA records it develops.
(d) Any person who, by virtue of employment or official position, has possession of or access to, a DNA record and willfully discloses it in any manner to any person or agency not entitled to receive the record is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Any person who, without authorization, willfully obtains or attempts to obtain any DNA record, or tampers with or attempts to tamper with any DNA sample, is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-405 - Expungement of Information.

7-19-405. Expungement of information.
(a) Any person whose DNA profile has been included in the state DNA database pursuant to this act may request expungement on the grounds the felony conviction on which the authority for including the DNA profile was based has been reversed and dismissed. The division shall expunge all identifiable information and DNA records in the state DNA database relating to the subject conviction from the person upon receipt of:
(i) A written request for expungement pursuant to this section; and
(ii) A certified copy of the court order reversing and dismissing the conviction or providing for expungement.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-406 - Enforcement.

7-19-406. Enforcement.
Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where a person refuses to submit to DNA testing as required under this act, and no such employee shall be criminally or civilly liable for the use of such reasonable force. If a person required to provide a DNA sample under this act refuses to do so, the criminal justice agency having custody of the person may apply to the district court for an order requiring the person to provide the sample in conformity with the provisions of this act. Refusal to provide the sample shall be punishable as contempt of the court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 4 - DNA Identification Record System › Section 7-19-407 - Sexual Assault Biological Evidence Reports.

7-19-407. Sexual assault biological evidence reports.
(a) Beginning January 1, 2020, each criminal justice agency shall report to the division all investigations in which sexual assault biological evidence is gathered. The report shall include the type of crime involved, whether the evidence was submitted to a laboratory for analysis, the name of the lab, whether lab analysis has been completed, and if not submitted, the reasons for nonsubmission and any other information required by the division. Reports shall not include the names of any of the persons involved in an incident or any information which would serve to identify any individual person.
(b) At least annually, the division shall compile a statistical report that shall include the information received pursuant to subsection (a) of this section. Copies of the statistical report shall be published in the "Uniform Crime Reporting, Crime in Wyoming" publication and shall be made available to the public upon request.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 5 - Juvenile Justice Information System › Section 7-19-501 - Definitions.

7-19-501. Definitions. Note: this section is Renumbered by Laws 2022, ch. 15, 3. effective 7/1/2024.
(a) As used in this act:
(i) "Adjudicated" or "adjudication" means as defined by W.S. 14-6-201(a)(i);
(ii) "Adult" means an individual who has attained the age of majority;
(iii) "Delinquent child" means as defined by W.S. 14-6-201(a)(x);
(iv) "Disposition" means the action ordered by the juvenile court judge under W.S. 14-6-229 upon adjudication of a juvenile for a delinquent act;
(v) "Division" means the Wyoming division of criminal investigation within the office of the attorney general;
(vi) "Juvenile" means an individual who is under the age of majority;
(vii) "Qualifying offense" means conduct that, if committed by an adult, would constitute a felony under the provisions of W.S. 6-1-104(a)(xii) or 35-7-1031 or under similar federal law;
(viii) "This act" means W.S. 7-19-501 through 7-19-505.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 19 - Criminal History Records › Article 5 - Juvenile Justice Information System › Section 7-19-502 - Record System Created.

7-19-502. Record system created. Note: this section is Renumbered by Laws 2022, ch. 15, 3. effective 7/1/2024.
(a) The division shall create and maintain a database for a juvenile justice information system as provided in this act.
(b) The database shall contain the information required by this act. Access to information in the database shall be limited as provided by W.S. 7-19-504.
(c) The division shall promulgate reasonable rules and regulations necessary to carry out the provisions of this act. The division shall annually report by March 1 to the joint judiciary interim committee on the numbers of entries and usage of the database.