reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-911 - Suspension to Permit Review; Confinement; Return to County for Retrial.

7-13-911. Suspension to permit review; confinement; return to county for retrial.
(a) A prisoner sentenced to death whose sentence is suspended pending an appeal shall be confined in a state penal institution designated by the director of the department of corrections during the period of suspension.
(b) If the prisoner is granted a new trial he shall be returned to the jail of the county in which he was originally convicted.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-912 - Inquiry Concerning Pregnancy of Female Prisoner.

7-13-912. Inquiry concerning pregnancy of female prisoner.
(a) If there is good reason to believe that a female sentenced to death is pregnant, the director of the department of corrections shall immediately give written notice to the court in which the judgment of death was rendered and to the district attorney. The execution of the death sentence shall be suspended pending further order of the court.
(b) Upon receiving notice as provided in subsection (a) of this section, the court shall appoint a jury of three (3) physicians to inquire into the supposed pregnancy and to make a written report of their findings to the court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-913 - Determination of Court as to Pregnancy; Suspension of Sentence.

7-13-913. Determination of court as to pregnancy; suspension of sentence.
(a) If the court determines the female is not pregnant, the director of the department of corrections shall execute the death sentence.
(b) If the court determines the female is pregnant, the court shall order the execution of the sentence suspended until it is determined that the female is no longer pregnant at which time the court shall issue a warrant appointing a new date for the execution of the sentence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-915 - Disposition of Body.

7-13-915. Disposition of body.
The body of any prisoner who has been executed shall be decently buried at the expense of the state, unless the body is claimed by any relative or friend in which case the body may be delivered to the relative or friend for the purpose of burial.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 9 - Execution of Death Sentence › Section 7-13-916 - Identity of Person Aiding Execution; Confidentiality.

7-13-916. Identity of person aiding execution; confidentiality.
The identities of all persons who participate in the execution of a death sentence as a member of the execution team or by supplying or manufacturing the equipment and substances used for the execution are confidential. Disclosure of the identities made confidential by this section may not be authorized or ordered. Records containing information made confidential by this section shall be redacted to exclude all confidential information and nothing in this section shall be used to limit or deny access to otherwise public information.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 10 - Youthful Offender Transition Program › Section 7-13-1001 - Definitions.

7-13-1001. Definitions.
(a) As used in this article:
(i) "Department" means the department of corrections;
(ii) "Peer specialists" means long-term inmates who have completed certified training and been selected and assigned by the department to provide positive guided peer support to offenders involved in the program under the direction of program staff, provided that peer specialists shall not have direct supervision over other inmates;
(iii) "Reduction of sentence" includes changing a sentence of incarceration to a grant of probation.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 10 - Youthful Offender Transition Program › Section 7-13-1002 - Sentence Reduction for Youthful Offenders.

7-13-1002. Sentence reduction for youthful offenders.
(a) The sentencing court may reduce the sentence of any convicted felon who:
(i) Is recommended by the sentencing court for placement in the youthful offender transition program;
(ii) Is certified by the department as having successfully completed the youthful offender transition program under W.S. 7-13-1003; and
(iii) Makes application to the court for a reduction in sentence within one (1) year after the individual began serving a sentence of incarceration at a state penal institution.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 10 - Youthful Offender Transition Program › Section 7-13-1003 - Establishment of Program; Eligibility; Rulemaking Authority.

7-13-1003. Establishment of program; eligibility; rulemaking authority.
(a) The department shall adopt reasonable rules and regulations to establish a youthful offender transition program for inmates incarcerated in a state penal institution.
(b) In addition to any other eligibility requirements adopted by the department, an inmate is eligible for placement in the youthful offender transition program only if he:
(i) Is serving a sentence of imprisonment at a state penal institution for any offense other than a felony punishable by death or life imprisonment;
(ii) Has not attained the age of thirty (30) years;
(iii) Has not previously served a term of incarceration at any state or federal adult penal institution;
(iv) Is able to participate in the structured programming, education, work and physical fitness activities required of program participants in compliance with the Americans with Disabilities Act.
(c) The program created by the department shall include:
(i) Separation of program participants from the general inmate population except inmates assigned to work in the program as peer specialists;
(ii) Emphases upon structured programming, education, work and physical activity compliant with the Americans with Disabilities Act as a major element of the program.
(d) Participation by an inmate in the youthful offender transition program is a matter of grace and not of right. Approval of an inmate's participation in the program may be revoked by the department at any time if the inmate fails to comply with program requirements. The inmate shall not have any right to appeal the denial of his participation in the program.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1101 - Definitions.

7-13-1101. Definitions.
(a) As used in this article:
(i) "Department" means the department of corrections;
(ii) "Intensive supervision program" means a program established under W.S. 7-13-1102 which allows participants to live or work in the community under close supervision methods;
(iii) "Validated risk-need assessment" means an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. The validated risk-need assessment shall determine a person's risk to reoffend and the needs of a person that, when addressed, would reduce the risk to reoffend.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1102 - Authority to Establish Programs; Rulemaking Authority.

7-13-1102. Authority to establish programs; rulemaking authority.
(a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for probationers and parolees.
(b) An intensive supervision program established under this article may require:
(i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel;
(ii) Community service work, family, educational or vocational counseling, cognitive-behavioral programming to address criminal thinking, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant. For purposes of this paragraph, cognitive-behavioral programming means as defined in W.S. 7-13-1801(c)(i); and
(iii) Imposition of supervision fees to be paid by participants.
(c) 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 required to carry out the provisions of this article.
(d) The department shall have general supervisory authority over all probationers and parolees participating in a program under this article.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1103 - Program Participation Not a Matter of Right.

7-13-1103. Program participation not a matter of right.
(a) Participation in a program authorized by this article is a matter of grace and not of right.
(b) No person shall be allowed to participate in a program authorized by this article unless the person agrees in writing to abide by all the rules and regulations of the department relating to the operation of the program and agrees to submit to the incentives and sanctions which may be imposed under W.S. 7-13-1801 through 7-13-1803.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1104 - Program Participation as a Condition of Parole.

7-13-1104. Program participation as a condition of parole.
(a) Except as provided in subsection (b) of this section, the state board of parole may, as a condition of parole, require a parolee who is assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of parole to participate in a program established under this article, provided:
(i) Space and funding is available for the parolee's participation in the program; and
(ii) The department determines the person has a reasonable likelihood of successfully participating in the program.
(b) Placement of a parolee in a program established under W.S. 7-13-1102 as a sanction under 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 parole.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1105 - Placement of Probationer in Program by Sentencing Court.

7-13-1105. Placement of probationer in program by sentencing court.
(a) A sentencing court may, as a condition of probation, order that a defendant who has entered a plea of guilty or nolo contendere to or has been convicted of a felony, or any offense defined by subsection (c) of this section, participate in a program established under this article, provided:
(i) Space is available in the program;
(ii) The probationer agrees to participate in the program;
(iii) The department determines the person has a reasonable likelihood of successfully participating in the program; and
(iv) The legislature has specifically appropriated funds or other unencumbered funds are available to pay for the probationer's participation in the program.
(b) When a presentence report is required by the court, the department shall be responsible for including in the presentence report to the sentencing judge any recommendations for the utilization of a program created under this article.
(c) Subject to the conditions specified in paragraphs (a)(i) through (iv) of this section, participation in a program established under this article may be ordered for a defendant who has entered a plea of guilty or nolo contendere to or has been convicted of a violation of W.S. 6-2-510 or 6-2-511 or a violation of W.S. 6-4-404, or 6-2-504(a) or (b) if the defendant and the victim are household members as defined by W.S. 35-21-102(a)(iv).
(d) Except as provided in subsection (e) of this section, a defendant shall not be placed in a program established under W.S. 7-13-1102 unless the defendant receives a validated risk-need assessment and scores as a high risk for reoffending or for violating conditions of probation except that a defendant may be placed in a program established under W.S. 7-13-1102 for good cause shown upon the record.
(e) Placement of a probationer in a program established under W.S. 7-13-1102 as a sanction under 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 13 - Sentence and Imprisonment › Article 11 - Intensive Supervision Program › Section 7-13-1107 - Administrative Rewards and Sanctions for Program Violations.

7-13-1107. Administrative rewards and sanctions for program violations.
(a) Repealed by Laws 2019, ch. 116, 3.
(b) Repealed by Laws 2019, ch. 116, 3.
(c) Repealed by Laws 2019, ch. 116, 3.
(d) Repealed by Laws 2019, ch. 116, 3.
(e) Probationers and parolees who violate the rules and restrictions of an intensive supervision program established under this article shall be sanctioned in accordance with W.S. 7-13-1801 through 7-13-1803 or may be subject to revocation proceedings.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 12 - Teen Court Program › Section 7-13-1202 - Definitions.

7-13-1202. Definitions.
(a) As used in this act:
(i) "Minor offense" means any crime punishable as a misdemeanor or the violation of any municipal ordinance, provided the maximum penalty authorized by law for the offense does not exceed imprisonment for more than six (6) months and a fine of not more than seven hundred fifty dollars ($750.00);
(ii) "Supervising court" means the municipal court or circuit court by whose order a teen court program is established pursuant to rules and regulations promulgated by the Wyoming supreme court;
(iii) "Teen" for the purposes of this act means a person who has attained the age of thirteen (13) years of age and is under the age of majority;
(iv) "Teen court" or "teen court program" means an alternative sentencing procedure under which regular court proceedings involving a teen charged with a minor offense may be deferred and subsequently dismissed on condition that the defendant participate fully in the teen court program and appear before a jury of teen peers for sentencing and that the defendant successfully complete the terms and conditions of the sentence imposed. This sentencing is in addition to the provisions of W.S. 7-13-301 and 35-7-1037;
(v) "This act" means W.S. 7-13-1201 through 7-13-1205.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 12 - Teen Court Program › Section 7-13-1203 - Authority to Establish Teen Court Program.

7-13-1203. Authority to establish teen court program.
(a) The Wyoming supreme court shall adopt rules and regulations governing teen court by July 1, 1996.
(b) In addition to any other power authorized, a municipal court judge, with the approval and consent of the governing body of the municipality, or any circuit court judge, with the approval and consent of the board of county commissioners, may by order establish a teen court program and training standards for participation in accordance with this act to provide a disposition alternative for teens charged with minor offenses.
(c) In any case involving the commission of a minor offense by a teen defendant, the supervising court may, without entering a judgment of guilt or conviction, defer further proceedings and order the defendant to participate in a teen court program, provided:
(i) The teen defendant, with the consent of, or in the presence of, the defendant's parents or legal guardian, enters a plea of guilty in open court to the offense charged;
(ii) The restitution amount, if any, owed to any victim has been determined by the supervising court;
(iii) The defendant requests on the record to participate in the teen court program and agrees that deferral of further proceedings in the action filed in the supervising court is conditioned upon the defendant's successful completion of the teen court program; and
(iv) The court determines that the defendant will benefit from participation in the teen court program.
(d) If the supervising court determines that the teen defendant has successfully completed the teen court program, the supervising court may discharge the defendant and dismiss the proceedings against him.
(e) If the defendant fails to successfully complete the prescribed teen court program, the supervising court shall enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant for the offense originally charged.
(f) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose. If the original offense charged was a traffic offense, the supreme court shall, on behalf of the circuit court and within thirty (30) days after the discharge and dismissal is entered, submit to the department of transportation an abstract of the court record compiled under W.S. 7-19-107(k). If the original offense was a traffic offense charged in municipal court, the municipal court shall, within thirty (30) days after the discharge and dismissal is entered, submit to the department of transportation an abstract of the court record compiled under W.S. 7-19-107(k). The department shall maintain abstracts received under this subsection as provided by W.S. 31-5-1214(f).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 12 - Teen Court Program › Section 7-13-1204 - Program Criteria.

7-13-1204. Program criteria.
(a) A teen court program may be established under this act in accordance with the following criteria:
(i) The judge of the teen court shall be the judge of the supervising court or an attorney admitted to practice in this state appointed by the supervising court to serve in a voluntary capacity and shall serve at the pleasure of the supervising court;
(ii) Procedures in teen court shall be established by order of the supervising court in conformance with the provisions of this act and shall be subject to any uniform procedures for teen courts as may be prescribed by the Wyoming supreme court;
(iii) The supervising court may authorize the use of its courtroom and other facilities by the teen court program during times when the courtroom and facilities are not required for the normal operations of the supervising court;
(iv) The teen defendant, as a condition of participation in the teen court program, may be required to pay a nonrefundable fee not to exceed ten dollars ($10.00). Fees collected under this paragraph by a municipal court shall be credited to the treasury of the municipality. Fees collected under this paragraph by a circuit court shall be credited to the treasury of the county;
(v) The teen court program may involve teens serving as voluntary teen court members in various capacities including, but not limited to jurors, prosecutor-advocates, defender-advocates, bailiffs, clerks and supervisory duties;
(vi) Every teen defendant appearing in teen court shall be accompanied by a parent or guardian;
(vii) The teen court jury shall impose restitution, if any, in the amount established by the supervising court;
(viii) The supervisory court, in accordance with the rules and regulations promulgated by the Wyoming supreme court, shall establish a range of sentencing alternatives for any case referred to teen court. Sentencing alternatives shall include, but not be limited to:
(A) Community service as authorized by the supervising court;
(B) Mandatory participation in law related education classes, appropriate counseling, treatment or other education programs;
(C) Require the teen defendant to participate as a juror or other teen court member in proceedings involving teen defendants;
(D) Fines, not to exceed the statutory amount.
(ix) The teen court jury shall not have the power to impose a term of imprisonment.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 12 - Teen Court Program › Section 7-13-1205 - Juvenile Courts Authorized to Establish Teen Court Program.

7-13-1205. Juvenile courts authorized to establish teen court program.
(a) Notwithstanding any other provision of the Juvenile Justice Act, W.S. 14-6-201 through 14-6-252, a juvenile court may establish and offer a teen court program substantially complying with the provisions of this act as an alternative to any disposition authorized by W.S. 14-6-229(d), provided:
(i) Participation in the teen court program shall be limited to teens charged under the Juvenile Justice Act with having committed a minor offense and who have been adjudicated delinquent;
(ii) The juvenile and all parties to the proceeding, including any guardian ad litem appointed in the juvenile court proceeding to represent the best interests of the juvenile, consent to the juvenile's participation in the teen court program;
(iii) The juvenile and the juvenile's parents or guardian waive any rights to confidentiality otherwise available under the Juvenile Justice Act; and
(iv) The juvenile court finds that participation in the teen court program would be in the best interest of the juvenile.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 13 - Addicted Offender Accountability › Section 7-13-1302 - Substance Abuse Assessment Required.

7-13-1302. Substance abuse assessment required.
All persons convicted of a third misdemeanor under W.S. 31-5-233(e) or a felony shall receive a substance abuse assessment. The substance abuse assessment shall be part of a presentence report if prepared. The cost of the substance abuse assessment shall be assessed to and paid by the offender. A person who has undergone a substance abuse assessment pursuant to W.S. 31-5-233(e) may receive a second assessment under this section if the court finds that enough time has passed to make the first assessment inaccurate.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 13 - Addicted Offender Accountability › Section 7-13-1303 - Suspended Sentence for Qualified Offenders.

7-13-1303. Suspended sentence for qualified offenders.
(a) Except as provided in subsection (c) of this section, notwithstanding any other provision of law, qualified offenders may be placed on probation under W.S. 7-13-301, receive a suspended sentence under W.S. 7-13-302(a) or placed on probation under W.S. 35-7-1037. The sentence or probation order shall set forth the terms of a treatment program based upon the substance abuse assessment and any other terms and conditions as the court may deem appropriate under the circumstances, and require the offender to satisfactorily complete the treatment program. The court shall include in the sentence or probation order any provisions necessary to reasonably protect the health of the offender.
(b) The treatment provider shall be required to report to the court, the prosecuting attorney, probation officer and counsel representing the offender not less than once per month on the offender's progress in meeting the requirements of the sentence and the program.
(c) A qualified offender or person sentenced under this act may be incarcerated if the court concludes on the basis of the evidence that:
(i) No adequate treatment alternative exists;
(ii) Under the facts of the case, the interests of justice require a period of incarceration; provided however, under the circumstances, a portion of the sentence may be suspended under the conditions set forth in subsection (a) of this section;
(iii) The offender refuses to agree to participate in the court ordered treatment program or fails to satisfactorily complete the court ordered treatment program; or
(iv) The offender commits a felony, sells or otherwise delivers controlled substances while in a program pursuant to this section, or engages in other behavior that poses an unreasonable risk to public safety while in the program. Notwithstanding any other provision of law, in the absence of the commission of these acts, those programs and sanctions set forth in W.S. 7-13-1102 and 7-13-1801 through 7-13-1803 may be used at the discretion of the probation officer or court to address other violations of the sentencing or probation order.
(d) In the event probation is revoked, the court may impose one (1) or more of the sanctions set forth in W.S. 7-13-1102 or 7-13-1801 through 7-13-1803 unless the court, in its sole discretion, finds that another disposition, including imprisonment, is necessary under the facts of the case.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 13 - Addicted Offender Accountability › Section 7-13-1304 - Rebuttable Presumption in Violent Crime or Delivery of Controlled Substance Cases.

7-13-1304. Rebuttable presumption in violent crime or delivery of controlled substance cases.
If a person has been convicted of a violent felony or delivery or unlawful manufacture of a controlled substance under W.S. 35-7-1031, there is a rebuttable presumption that the person is not a "qualified offender" for purposes of sentencing under this act. This presumption may be rebutted by clear and convincing evidence that the person who is an otherwise qualified offender convicted of a violent felony could participate in a treatment program without posing an unreasonable risk to the safety of the public. As to persons convicted of manufacture or delivery of a controlled substance, the presumption may be rebutted by clear and convincing evidence that the person committed the crime because of his own dependency.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1601 - Short Title.

7-13-1601. Short title. Note: this section is repealed by Laws 2023, ch. 1, 4. effective 7/1/2024.
This act shall be known and may be cited as the "Court Supervised Treatment Programs Act."
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1602 - Definitions.

7-13-1602. Definitions. Note: this section is Renumbered as 5-12-104 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) As used in this act:
(i) "Account" means the court supervised treatment account created by W.S. 7-13-1605(a);
(ii) "Applicant" means the governing body of a city, town or county, a tribal government of either the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation or a nonprofit organization recognized under 26 U.S.C. 501(c)(3);
(iii) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency;
(iv) "Department" means the Wyoming department of health;
(v) "Dual diagnosis" means substance abuse and a co-occurring mental health disorder;
(vi) "Participant" means a substance offender or any other person as provided in title 14 of the Wyoming statutes who has been referred to and accepted into a program;
(vii) "Participating judge" means the district, juvenile, circuit, municipal or tribal court judge or magistrate acting as part of a program team;
(viii) "Program" or "court supervised treatment program" means a local court supervised treatment program that complies with rules and regulations adopted by the department;
(ix) "Program coordinator" means the person responsible for coordinating the establishment, operation, evaluation and integrity of a program;
(x) "Program team" means the team created pursuant to W.S. 7-13-1609(a);
(xi) "Recidivism" means any subsequent criminal charge;
(xii) "Referring judge" means the district, juvenile, circuit, municipal or tribal court judge or magistrate who refers a substance offender or any other person as provided in title 14 of the Wyoming statutes to a program;
(xiii) "Staffing" means the meeting of a program team before a participant's entry into the program, and during the participant's participation in the program, to plan a coordinated response to the participant's behaviors and needs;
(xiv) "Substance" means alcohol, any controlled substance as defined in W.S. 35-7-1002(a)(iv), any substance used for mind altering purpose or over-the-counter medications and inhalants which are used in a manner not intended by the manufacturer;
(xv) "Substance abuse assessment" means as defined in W.S. 7-13-1301(a)(v);
(xvi) "Substance abuse treatment" means treatment designed to provide education and therapy directed toward ending substance abuse and preventing its return;
(xvii) "Substance offender" means a person charged with a substance related offense or an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense;
(xviii) "This act" means W.S. 7-13-1601 through 7-13-1616.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1603 - Purposes and Goals.

7-13-1603. Purposes and goals. Note: this section is Renumbered as 5-12-105 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) The legislature recognizes the critical need in this state for treatment programs to break the cycle of substance abuse and the crimes committed as a result thereof. Court supervised treatment programs shall be facilitated for the purpose of providing sentencing options for the judicial system in cases stemming from substance abuse, by combining judicial supervision, probation, substance abuse assessment, substance abuse testing, monitoring, treatment, and aftercare for substance offenders.
(b) The goals of the programs funded under this act shall be:
(i) To reduce recidivism by participants;
(ii) To strive for program retention and graduation of participants;
(iii) To strive for sobriety of participants; and
(iv) To monitor the services provided to participants.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1604 - Standards for Attorneys and Judges.

7-13-1604. Standards for attorneys and judges. Note: this section is Renumbered as 5-12-106 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) Attorneys, participating judges and referring judges shall adhere to the standards set forth in the Wyoming Rules of Professional Conduct for Attorneys at Law, the Wyoming Code of Judicial Conduct and any rules adopted by the supreme court governing program practices.
(b) The referring judge in a particular case may be the participating judge in that participant's treatment program, provided the participating judge shall not act upon any motion to revoke probation that may be filed in the original criminal or juvenile case, nor in sentencing or disposition.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1606 - Establishment of Court Supervised Treatment Programs.

7-13-1606. Establishment of court supervised treatment programs. Note: this section is Renumbered as 5-12-108 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) Any court supervised treatment program that meets the qualifications specified in this section and the department's rules and regulations may apply for funding from the account on a form developed by the department.
(b) The applicant shall be the contracting agent for all its program contracts. All program employees of a program shall be employees of the applicant that was awarded a grant under this section, but referring judges, participating judges, other judicial branch personnel and department of corrections personnel shall not be program employees. All program funds and grants shall be managed by the applicant to whom a grant is awarded pursuant to the provisions of a contract between the department and the applicant.
(c) All program billing shall be the responsibility of the applicant.
(d) The application shall identify participating judges and contain a plan for the participation of judges. The plan shall be consistent with rules adopted by the department and the supreme court.
(e) The application shall specify the treatment services to be provided by the program and shall identify the treatment providers.
(f) The application shall include other information that may be required by the department.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1607 - Participation in Court Supervised Treatment Program; Conditions; Extended Probation.

7-13-1607. Participation in court supervised treatment program; conditions; extended probation. Note: this section is Renumbered as 5-12-109 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) No substance offender may participate in a program unless the substance offender, in a Wyoming district, juvenile, circuit, municipal or tribal court, has been charged with an offense; and:
(i) Has entered an admission, or a guilty or nolo contendere plea;
(ii) Has entered a guilty plea pursuant to W.S. 7-13-301;
(iii) Has signed a consent decree under title 14 of the Wyoming statutes; or
(iv) Is on parole under the provisions of W.S. 7-13-401 et seq.
(b) Any district, juvenile, circuit, municipal or tribal court judge, or magistrate, may refer substance offenders for participation in a program. The referring judge may act as a participating judge in a program as authorized by this act and by rules adopted by the supreme court. A substance offender who is a defendant in a criminal action or a respondent in a juvenile court action may be referred for participation in a program if:
(i) A substance abuse assessment reveals that the person is in need of treatment;
(ii) The referring judge has reason to believe that participation in a program will benefit the person by addressing his substance abuse;
(iii) In a juvenile court case, the referring judge has reason to believe that participation by the child's parent or guardian will be in the best interest of the child; or
(iv) The person's case is processed pursuant to subsection (a) of this section.
(c) Participation in a program shall only be with the consent of the referring judge and the participant, and acceptance of the participant by the program team in accordance with a written agreement between the participant and the program team. The agreement shall include the participant's consent to release of medical and other records relevant to his treatment history and assessment that meets the requirements of 42 U.S.C. 290dd-2(b) or 42 C.F.R. part 2.31, as applicable. Prior to a participant's entry into a written agreement, the participating judge shall inform the participant that he may be subject to a term of probation that exceeds the maximum term of imprisonment established for the particular offense charged, as provided in W.S. 5-9-134 and 7-13-1614.
(d) Nothing in this act shall confer a right or an expectation of a right to participate in a program, nor does this act obligate a program team to accept any proposed participant. Neither the establishment of a program nor anything herein contained shall be construed as limiting the discretion of a prosecuting attorney in regard to the prosecution of any criminal or juvenile case. Consent to participation in a program under subsection (c) of this section shall only be required from the referring judge and participant.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1608 - Incentives and Sanctions; Extended Probation.

7-13-1608. Incentives and sanctions; extended probation. Note: this section is Renumbered as 5-12-110 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) The participating judge may grant reasonable incentives under the written agreement under W.S. 7-13-1607(c) if he finds that since the last staffing, the participant:
(i) Is performing satisfactorily in the program;
(ii) Is benefiting from the program; and
(iii) Has not violated any term or condition of the agreement.
(b) The participating judge may impose reasonable sanctions under the written agreement, including but not limited to, expulsion from the program, incarceration for a period not to exceed thirty (30) days if the participant is an adult, or detention for a period not to exceed thirty (30) days if the participant is a juvenile, if the participating judge finds that since the last staffing the participant:
(i) Is not performing satisfactorily in the program;
(ii) Is not benefiting from the program;
(iii) Has engaged in conduct rendering the participant unsuitable for the program;
(iv) Has otherwise violated any term or condition of the written agreement; or
(v) Is unable to participate in the program.
(c) To ensure due process of law, expulsion from the program shall be at the discretion of the participating judge, following a hearing, based on the recommendation of the program team. Expulsion shall not occur without the participant first being notified of the reasons for the proposed expulsion and given an opportunity to be heard by the program team and the participating judge.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1609 - Program Team to Be Created; Duties; Program Coordinator.

7-13-1609. Program team to be created; duties; program coordinator. Note: this section is Renumbered as 5-12-111 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) Each applicant seeking to establish a program shall create a program team, consisting of the following members, all of whom shall be appointed by the governing body of the applicant, subject to the individual consent of each appointee:
(i) A participating judge;
(ii) A prosecuting attorney;
(iii) An attorney who practices criminal defense or serves as a guardian ad litem;
(iv) A representative of the treatment providers;
(v) The probation officer or other person who supervises participants;
(vi) The program coordinator; and
(vii) Other persons determined necessary and helpful by the participating judge.
(b) The program team shall, when practicable, conduct a staffing prior to each program session to discuss and provide updated information regarding participants scheduled to appear during the session. After determining the progress or lack thereof for each participant, the program team shall agree on the appropriate incentives or sanctions to be applied. If the program team cannot unanimously agree on the appropriate action to be taken, the participating judge shall make a decision based upon the information presented during the staffing.
(c) Each program shall have a program coordinator who shall be responsible for the general administration of the program.
7-13-1610. Confidentiality of treatment records. Note: this section is Renumbered as 5-12-112 by Laws 2023, ch. 1, 3. effective 7/1/2024.
Program staff shall be provided with access to all records of any state or local government relevant to the participant's treatment. The records and reports shall be maintained in a confidential file not available to the public and the contents thereof shall not be disclosed to any person outside the program without a court order. Program staff shall comply with the confidentiality rules contained in 42 U.S.C. 290dd-2 or 42 C.F.R. part 2, as applicable.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1611 - Treatment and Support Services.

7-13-1611. Treatment and support services. Note: this section is Renumbered as 5-12-113 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) Each program shall strive to establish a system to ensure that participants are provided treatment services that have been certified by the department. Each program team shall strive to determine the type and duration of treatment service appropriate for the participant's individualized needs, based upon objective medical diagnostic criteria.
(b) The program team shall strive to establish an adequate continuum of care for each participant, including adequate support services and aftercare.
(c) The program team shall strive to provide appropriate treatment to participants who have a dual diagnosis.
(d) The relationship between each treatment provider and the program shall be governed by a memorandum of understanding, which shall include a requirement for the timely reporting of the participant's progress or lack thereof in treatment.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1612 - Substance Abuse Testing.

7-13-1612. Substance abuse testing. Note: this section is Renumbered as 5-12-114 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) The program team shall require accurate and reliable substance use testing of participants.
(b) Participants shall be required to submit to frequent, random and observed substance use testing.
(c) The results of all substance use tests shall be provided to the program team as soon as practicable.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1613 - Participant Information and Progress Statistics.

7-13-1613. Participant information and progress statistics. Note: this section is Renumbered as 5-12-115 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) Participants may be required to provide access to the following information, the collection and maintenance of which by the program team shall be in a standardized format pursuant to department rules and regulations:
(i) Gender, race, ethnicity, marital status and child custody and support obligations;
(ii) Criminal history;
(iii) Substance abuse history, including substances of choice and prior treatment;
(iv) Employment, education and income history;
(v) Number and health of children born to female participants;
(vi) Incidents of recidivism occurring before, during and after successful completion of a program, or failed participation in a program.
(b) Programs shall maintain and report to the department the following information pursuant to department rules and regulations, none of which shall identify the participants:
(i) The number of participants screened for eligibility, the number of eligible persons who were, and who were not, admitted to the program and their case dispositions;
(ii) The costs of operation and sources of funding of the program.
7-13-1614. Municipal courts. Note: this section is Renumbered as 5-12-116 by Laws 2023, ch. 1, 3. effective 7/1/2024.
A municipal judge may place a criminal defendant on probation pursuant to W.S. 7-13-301 through 7-13-307 and require the defendant as a probationary condition to participate in a program under this act. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a program or a court supervised treatment program may exceed the maximum term of imprisonment established for the offense, but shall not exceed thirty-six (36) months.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1615 - Program Participation as a Condition of Parole.

7-13-1615. Program participation as a condition of parole. Note: this section is Renumbered as 5-12-117 by Laws 2023, ch. 1, 3. effective 7/1/2024.
(a) The state board of parole may, as a condition of parole, require a parolee to participate in a program established under this act, provided:
(i) The program team accepts the parolee for participation in the program; and
(ii) The parolee is subject to the rules and sanctioning powers of the program but remains under the authority of the board for all other matters related to the parole.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 16 - Court Supervised Treatment Programs Act › Section 7-13-1616 - Surcharge to Be Assessed in Certain Criminal Cases; Paid to Account.

7-13-1616. Surcharge to be assessed in certain criminal cases; paid to account. Note: this section is Renumbered as 5-12-118 by Laws 2023, ch. 1, 2. effective 7/1/2024.
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, any offense under W.S. 31-5-233 or 35-7-1001 through 35-7-1057 may be assessed a surcharge of not more than fifty dollars ($50.00).
(b) The surcharge may be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or 35-7-1037 or who participates in any other diversion agreement for an offense specified in subsection (a) of this section.
(c) The court may waive the surcharge if the person is unable to pay the surcharge or for any other good cause shown. The court shall consider all other financial obligations imposed on the defendant and set the surcharge so as not to create an undue financial burden on the defendant.
(d) The surcharge shall be paid within ten (10) days of imposition. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt or other proceedings, including proceedings under W.S. 6-10-105, if applicable, to collect the surcharge may be initiated by the district attorney or by the court on its own motion.
(e) The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the department for deposit in the account.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 17 - 24/7 Sobriety Program › Section 7-13-1702 - Definitions.

7-13-1702. Definitions.
(a) As used in this article:
(i) "Account" means the "24/7 sobriety program account" created by W.S. 7-13-1707;
(ii) "Court" means a district, circuit or municipal court;
(iii) "Participation" in a 24/7 sobriety program means that the person ordered to participate submits to and passes all required tests;
(iv) "Program" means the 24/7 sobriety program created under this article;
(v) "Rules" means the 24/7 sobriety program rules promulgated by the attorney general under this article;
(vi) "Remote electronic alcohol monitoring device" means any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in the person's body, including any equipment necessary for the device to perform properly;
(vii) "Remote breath testing device" means an unsupervised mobile breath testing device with the ability to confirm the identify, location and presence of alcohol in a person and is capable of scheduled, random and on demand tests that provide immediate results to a participating agency.