reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 2 - Proceedings › Section 7-5-204 - Process for Witnesses.

7-5-204. Process for witnesses.
If requested by the grand jury or the district attorney, the clerk of the court in which the jury is impaneled shall issue subpoenas for the attendance of witnesses to testify before the grand jury.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 2 - Proceedings › Section 7-5-206 - Proceedings Upon Refusal of Witness to Testify.

7-5-206. Proceedings upon refusal of witness to testify.
If a witness appearing before a grand jury refuses, without just cause shown, to testify or provide other information, the district attorney may take the witness before the court for an order directing the witness to show cause why the witness should not be held in contempt. If after hearing the court finds that the refusal was without just cause, and if the witness continues to refuse to testify or produce evidence, the court may hold the witness in contempt subject to the punishment provided by W.S. 1-12-108(a)(ii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 2 - Proceedings › Section 7-5-207 - Secrecy of Indictments Against Persons Not Under Control.

7-5-207. Secrecy of indictments against persons not under control.
The district judge may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 2 - Proceedings › Section 7-5-208 - Confidentiality.

7-5-208. Confidentiality.
(a) Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the district attorney for use in the performance of his duties. The district attorney may disclose so much of the grand jury's proceeding to law enforcement agencies as he deems essential to the public interest and effective law enforcement.
(b) Except as provided in subsection (a) of this section, a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury.
(c) No obligation of secrecy may be imposed upon any person except in accordance with this section and W.S. 7-5-207.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 2 - Proceedings › Section 7-5-209 - Presentation and Filing of Indictment.

7-5-209. Presentation and filing of indictment.
Indictments found by the grand jury shall be presented by the foreman to the court in the presence of the jury and filed with the clerk.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-301 - Petition for Impaneling; Determination by District Judge.

7-5-301. Petition for impaneling; determination by district judge.
If the attorney general or the governor deems it to be in the public interest to convene a grand jury which shall have jurisdiction extending beyond the boundaries of any single county, he may petition the judge of any district court for an order in accordance with the provisions of W.S. 7-5-301 through 7-5-309. The district judge may, for good cause shown, order the impaneling of a state grand jury which shall have statewide jurisdiction. In making his determination as to the need for impaneling a state grand jury, the judge shall require a showing that the matter cannot be effectively handled by a county grand jury impaneled pursuant to W.S. 7-5-101 through 7-5-209.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-302 - Powers and Duties; Applicable Law; Procedural Rules.

7-5-302. Powers and duties; applicable law; procedural rules.
A state grand jury shall have the same powers and duties and shall function in the same manner as a county grand jury, except for the provisions of W.S. 7-5-202(b)(ii), and except that its jurisdiction shall extend throughout the state. The law applicable to county grand juries shall apply to state grand juries except when the law is inconsistent with the provisions of W.S. 7-5-301 through 7-5-309. The supreme court may promulgate any rules it deems necessary to govern the procedures of state grand juries.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-303 - Selection and Term of Members.

7-5-303. Selection and term of members.
The district judge granting the petition to convene a state grand jury shall impanel the state grand jury from a base jury list for the state compiled by the supreme court. The district court judge may specify that the base jury list for the state not include the names of jurors from every county within the state to limit juror expense and inconvenience of travel. A state grand jury shall be composed of twelve (12) persons, but not more than one-half (1/2) of the members of the state grand jury shall be residents of any one (1) county. The members of the state grand jury shall be selected by the court in the same manner as jurors of county grand juries and shall serve for one (1) year following selection unless discharged sooner by the district judge.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-305 - Judicial Supervision.

7-5-305. Judicial supervision.
Judicial supervision of the state grand jury shall be maintained by the district judge who issued the order impaneling the grand jury, and all indictments, reports and other formal returns of any kind made by the grand jury shall be returned to that judge.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-306 - Presentation of Evidence.

7-5-306. Presentation of evidence.
The presentation of the evidence shall be made to the state grand jury by the attorney general or his designee. In the event the office of the attorney general is under investigation, the presentation of evidence shall be made to the state grand jury by an attorney appointed by the Wyoming supreme court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-307 - Return of Indictment; Designation of Venue; Consolidation of Indictments.

7-5-307. Return of indictment; designation of venue; consolidation of indictments.
Any indictment by the state grand jury shall be returned to the district judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may order the consolidation of an indictment returned by a county grand jury with an indictment returned by a state grand jury and fix venue for trial.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-308 - Investigative Powers; Secrecy of Proceedings.

7-5-308. Investigative powers; secrecy of proceedings.
(a) In addition to its powers of indictment, a statewide grand jury impaneled under W.S. 7-5-301 through 7-5-309 may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal activity within the state and return a report to the attorney general.
(b) Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the attorney general and to any district attorney for use in the performance of their duties. Those officials may disclose so much of the grand jury's proceedings to law enforcement agencies as they deem essential to the public interest and effective law enforcement.
(c) Except as provided in subsection (b) of this section, a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury.
(d) No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event, the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 5 - Grand Jury › Article 3 - State Grand Jury › Section 7-5-309 - Costs and Expenses.

7-5-309. Costs and expenses.
The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-102 - Definitions.

7-6-102. Definitions.
(a) As used in this act:
(i) Repealed by Laws 1989, ch. 121, 2.
(ii) Repealed by Laws 1989, ch. 121, 2.
(iii) "Expenses", when used with reference to representation under this act, include the expenses of investigation, other preparation and trial;
(iv) "Needy person" means a person who at the time of his need of an attorney is unable to provide for the full payment of an attorney and all other necessary expenses of representation without prejudicing his financial ability to provide basic economic necessities for himself or his family considering the person's available funds and the anticipated cost of the attorney.
(v) "Serious crime" means:
(A) Any felony or misdemeanor under the laws of the state of Wyoming for which incarceration as a punishment is a practical possibility, provided, however, that counsel need not be appointed for a misdemeanor if the judge, at the initial appearance, determines and states on the record that he will not sentence the defendant to any period of imprisonment if the defendant is convicted of the misdemeanor; and
(B) Any misdemeanor offense charged under W.S. 6-2-501, 6-2-510 or 6-2-511, or any other provision, a conviction of which is a "misdemeanor crime of domestic violence" as defined in 18 U.S.C. 921(a)(33), and which may therefore result in the disqualification of the person to possess firearms pursuant to the provisions of 18 U.S.C. 922(g)(9) and 924(a)(2), regardless of the determination of the judge that he intends not to impose a term of incarceration for the state offense.
(vi) "This act" means W.S. 7-6-101 through 7-6-114.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-104 - Representation of Needy Persons.

7-6-104. Representation of needy persons.
(a) The public defender shall represent as counsel any needy person who is under arrest for or formally charged with having committed a serious crime if:
(i) The defendant requests counsel; or
(ii) The court, on its own motion or otherwise, orders appointment of counsel and the defendant does not affirmatively waive or reject, on the record, the opportunity to be represented by legal counsel in the proceeding.
(b) Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for their payment.
(c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled:
(i) To be represented by the public defender in a proceeding for revocation of probation when it is determined by the court to be statutorily or constitutionally required;
(ii) To be represented in any appeal to a Wyoming court, and in cases in which the death penalty has been imposed or in such other cases as the state public defender deems appropriate, in a writ of certiorari to the United States supreme court, and in proceedings under W.S. 7-14-101 through 7-14-108;
(iii) Repealed by Laws 1989, ch. 121, 2.
(iv) Repealed By Laws 1999, ch. 95, 2.
(v) To be represented by the public defender when requested by a fugitive in a proceeding for extradition for the limited purpose provided in W.S. 7-3-210 or for fugitive juveniles under the Interstate Compact on Juveniles, W.S. 14-6-102, when requested by the juvenile or the court;
(vi) To be represented by counsel at every stage of the proceedings, from the time of the initial appointment by the court until the entry of final judgment, at which time the representation shall end, unless the court appoints counsel for purposes of appeal, correction or modification of sentence;
(vii) To be represented by the public defender in a motion brought in accordance with the provisions of the Post-Conviction DNA Testing Act or in accordance with W.S. 7-12-405.
(d) A needy person's right to a benefit under subsection (a) or (c) of this section is not affected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-105 - Advisement of Rights; Appointment of Attorney.

7-6-105. Advisement of rights; appointment of attorney.
(a) A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or parolee, shall be informed of his right to be represented by an attorney at public expense. If the person being interrogated does not have an attorney and wishes to have the services of an attorney, he shall be provided the opportunity to contact the nearest public defender.
(b) At the person's initial appearance the court shall advise any defendant who is a needy person of his right to be represented by an attorney at public expense. The court shall further explain to the needy person the possibility that he may be ordered to reimburse the state for the costs associated with his legal representation. If the person charged does not have an attorney and wishes one, the court shall notify an available public defender for the judicial district or shall appoint an attorney to represent the needy person if no public defender is available.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-107 - Waiver of Rights.

7-6-107. Waiver of rights.
A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise made according to law. Before making its findings, the court shall consider such factors as the person's age, education, familiarity with the English language and the complexity of the crime involved. A person who knowingly and voluntarily waives his right to counsel and who elects to represent himself shall not be entitled to standby counsel under this act.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-108 - Recovery of Payment.

7-6-108. Recovery of payment.
(a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his custodial parent or any other person who has a legal obligation of support.
(b) Amounts recovered under this act shall be paid into the state general fund.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-109 - Appointment of Outside Attorney.

7-6-109. Appointment of outside attorney.
(a) Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the defendant or to assist in the representation of the defendant at any stage of the proceedings or on appeal.
(b) If a court assigns an attorney to represent a needy person, it may recommend a reasonable rate of compensation for his services and shall determine the direct expenses for which he should be reimbursed. The state public defender shall consider the court's recommendation and the customary compensation as prescribed by the standard fee schedule promulgated pursuant to W.S. 7-6-103(c)(vi), and shall pay the appointed attorney for his services when the case for which he was appointed is concluded.
(c) An attorney appointed under subsection (b) of this section shall be compensated for his services with regard to the complexity of the issues, the time involved, prevailing local fees of attorneys, the amount reasonably necessary to provide a defense as is required by constitutional process and other relevant considerations as determined by the court.
(d) If a defendant initially retains counsel and then requests the provision of counsel or any other defense services, including but not limited to mental evaluations, expert witnesses and witness travel expenses, the court shall make a determination whether the defendant is a "needy person" under this act, subject to the following:
(i) The procedures set forth in W.S. 7-6-106 shall be followed;
(ii) The court shall make the findings required by W.S. 7-6-106 and rule 44 of the Wyoming Rules of Criminal Procedure;
(iii) The defendant shall complete an affidavit or otherwise disclose on the record his entire financial situation, including the amount he has already paid to retain defense counsel, the source of those funds and whether additional funds are available to him through any means;
(iv) The defendant shall disclose the disposition of any retainer and any amounts remaining; and
(v) The state public defender shall be served by the defendant's retained counsel with a copy of any such request and shall be heard by the court prior to any decision on the request.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-110 - Use of State or Private Facilities.

7-6-110. Use of state or private facilities.
(a) The public defender or an appointed defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the prosecuting attorney. If it appears the use of state facilities is unavailable or inappropriate, the court may authorize the use of private facilities to be paid for by the state public defender.
(b) When the public defender or an appointed defending attorney requests service of process from the sheriff, no fees shall be charged for such service.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-111 - Office Space.

7-6-111. Office space.
The county commissioners of each county shall provide suitable office space and utility services, other than telephone service, for the use of the state public defender and his assistants. If suitable office space for all assistant public defenders cannot be provided, the county commissioners shall provide a monthly stipend to all assistants housed in private facilities.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-112 - Applicability of Provisions.

7-6-112. Applicability of provisions.
(a) This act does not apply to:
(i) Matters arising out of an action pending in the juvenile courts of this state unless it is in a juvenile delinquency proceeding or a child in need of supervision proceeding;
(ii) Representation of an individual in proceedings for hospitalization of mentally ill persons under W.S. 25-10-101 through 25-10-127;
(iii) Representation of a person charged in municipal court with violation of a municipal ordinance;
(iv) Representation of a person in a federal court, except pursuant to W.S. 7-6-104(c)(ii);
(v) Repealed by Laws 2020, ch. 122, 3.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 6 - Public Defender › Section 7-6-113 - Funding.

7-6-113. Funding.
(a) The total state and federal funding of the public defender program shall be eighty-five percent (85%) of the state public defender budget.
(b) Each county shall appropriate funds to supplement the state public defender budget in accordance with an equitable formula determined by the state public defender and the state budget department in cooperation with the legislative service office, taking into account the following factors:
(i) The population of each county;
(ii) The assessed valuation of each county; and
(iii) The serious crime case load of each county.
(c) The total amount of money collected from the counties shall equal fifteen percent (15%) of the state public defender budget. The state public defender shall notify each county of its proportional share and shall by June 30 of each fiscal year invoice the county for its proportionate share. In the event a county does not make payments within ninety (90) days, the state treasurer may deduct the amount from sales tax revenues due to the county from the state and shall credit the amount to the general fund.
(d) Repealed by Laws 2020, ch. 122, 3.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 7 - Search Warrants › Section 7-7-101 - Authority to Issue; Grounds.

7-7-101. Authority to issue; grounds.
(a) Any district judge, district court commissioner, circuit judge or magistrate authorized pursuant to W.S. 5-9-208(a), (b) or (c)(xv) or 5-9-212(a)(ix) may issue a search warrant to search for and seize any property:
(i) Stolen or embezzled in violation of law;
(ii) Designed or intended for use or which is or has been used as the means of committing a criminal offense;
(iii) Possessed, controlled, or designed or intended for use or which is or has been used in violation of any law; or
(iv) When the property or things to be seized consist of any item, or constitute any evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 7 - Search Warrants › Section 7-7-102 - Procedures Governed by Rules.

7-7-102. Procedures governed by rules.
Except as provided by W.S. 7-7-105, the Wyoming Rules of Criminal Procedure shall govern procedures relating to the issuance, form, execution and return of search warrants and procedures relating to motions to return unlawfully seized property and to suppress evidence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 7 - Search Warrants › Section 7-7-103 - Disposition of Property.

7-7-103. Disposition of property.
(a) Except as otherwise provided by law, property seized pursuant to a search warrant shall be disposed of as follows:
(i) If the defendant is convicted:
(A) Property which was stolen or embezzled shall be returned to the owner;
(B) Other property shall be destroyed or otherwise disposed of as directed by the court.
(ii) If the criminal charges against the defendant are dismissed or he is acquitted, the property shall be returned to the owner or otherwise disposed of as directed by the court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 7 - Search Warrants › Section 7-7-104 - Authority of Officer to Break Open Building in Execution of Warrant.

7-7-104. Authority of officer to break open building in execution of warrant.
Except as otherwise specifically provided by law, an officer executing a search warrant may break a door or window of any building described in the warrant if he is not admitted after he has announced his authority and purpose.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 7 - Search Warrants › Section 7-7-105 - Applicability of More Specific Provisions.

7-7-105. Applicability of more specific provisions.
Notwithstanding any provision of W.S. 7-7-101 through 7-7-104, specific procedures contained in another statute governing search and seizure, the issuance and execution of search warrants or the disposition to be made of seized property shall govern in those circumstances to which the more specific statute applies.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 8 - Arrest and Preliminary Hearing › Section 7-8-101 - Arrest by Private Person.

7-8-101. Arrest by private person.
(a) A person who is not a peace officer may arrest another for:
(i) A felony committed in his presence;
(ii) A felony which has been committed, even though not in his presence, if he has probable cause to believe the person to be arrested committed it; or
(iii) The following misdemeanors committed in his presence:
(A) A misdemeanor theft offense defined by W.S. 6-3-402; or
(B) A misdemeanor property destruction offense defined by W.S. 6-3-201.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 8 - Arrest and Preliminary Hearing › Section 7-8-102 - Issuance and Execution of Warrant or Summons on Indictment; Procedures Governed by Rules.

7-8-102. Issuance and execution of warrant or summons on indictment; procedures governed by rules.
(a) A warrant or summons may be issued on an indictment found in any county.
(b) The warrant may be executed or the summons may be served at any place within the state.
(c) Procedures relating to the issuance, form, execution or service and the return of the warrant or summons shall be governed by the Wyoming Rules of Criminal Procedure.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 8 - Arrest and Preliminary Hearing › Section 7-8-103 - Issuance and Execution of Warrant or Summons on Information or Complaint; Procedures Governed by Rules.

7-8-103. Issuance and execution of warrant or summons on information or complaint; procedures governed by rules.
(a) A warrant or summons issued by any circuit court based upon a complaint or information charging any criminal offense may be executed or served at any place within the jurisdiction of the state of Wyoming.
(b) Procedures relating to the issuance, form, execution or service and the return of the warrant or summons shall be governed by rules promulgated by the supreme court of Wyoming.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 8 - Arrest and Preliminary Hearing › Section 7-8-104 - Authority of Officer to Break Open Building in Execution of Warrant.

7-8-104. Authority of officer to break open building in execution of warrant.
In executing a warrant for the arrest of a person charged with an offense, a peace officer may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is not admitted after he has announced his authority and purpose.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-101 - Definitions.

7-9-101. Definitions.
(a) As used in this chapter:
(i) "Criminal activity" means any crime for which there is a plea of guilty, nolo contendere or verdict of guilty upon which a judgment of conviction may be rendered and includes any other crime which is admitted by the defendant, whether or not prosecuted. In the case of restitution ordered under W.S. 7-13-301, "criminal activity" also includes a crime charged against the defendant;
(ii) "Long-term physical health care restitution order" means an order entered pursuant to W.S. 7-9-113 through 7-9-115;
(iii) "Pecuniary damage" means all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, including damages for wrongful death. It does not include punitive damages and damages for pain, suffering, mental anguish and loss of consortium;
(iv) "Restitution" means full or partial payment of pecuniary damage to a victim;
(v) "Victim" means a person who has suffered pecuniary damage as a result of a defendant's criminal activities. An insurer which paid any part of a victim's pecuniary damages shall be regarded as the victim only if the insurer has no right of subrogation and the insured has no duty to pay the proceeds of restitution to the insurer.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-102 - Order to Pay Upon Conviction.

7-9-102. Order to pay upon conviction.
In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-103 - Determination of Amount Owed; Execution.

7-9-103. Determination of amount owed; execution.
(a) As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim.
(b) In every case in which a claim for restitution is submitted, the court shall fix a reasonable amount as restitution owed to each victim for actual pecuniary damage resulting from the defendant's criminal activity, and shall include its determination of the pecuniary damage as a special finding in the judgment of conviction or in the order placing the defendant on probation under W.S. 7-13-301. In determining the amount of restitution, the court shall consider and include as a special finding, each victim's reasonably foreseeable actual pecuniary damage that will result in the future as a result of the defendant's criminal activity. A long-term physical health care restitution order shall be entered as provided in W.S. 7-9-113 through 7-9-115.
(c) The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.
(d) Any order for restitution under this chapter constitutes a judgment by operation of law on the date it is entered. To satisfy the judgment, the clerk, upon request of the victim, the division of victim services or the district attorney, shall issue execution in the same manner as in a civil action.
(e) The court's determination of the amount of restitution owed under this section is not admissible as evidence in any civil action.
(f) The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-104 - Preparation of Plan; Contents.

7-9-104. Preparation of plan; contents.
(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order:
(i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account;
(ii) Payment of other amounts owed by the defendant arising from the case.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-105 - Submission of Plan to Court; Approval or Modification.

7-9-105. Submission of plan to court; approval or modification.
The defendant's plan of restitution and the comments of the probation and parole officer or any other person directed by the court to assist in the preparation of the restitution plan shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in W.S. 7-9-106. The court may modify the plan at any time upon the defendant's request, upon the court's own motion and, for those cases within the provisions of W.S. 7-9-113 through 7-9-115, upon the motion of the victim.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-106 - Factors Considered by Probation and Parole Officer, and by Court.

7-9-106. Factors considered by probation and parole officer, and by court.
(a) The probation and parole officer or other person directed by the court when assisting the defendant in preparing the plan of restitution, and the court before approving or modifying the plan of restitution, shall consider:
(i) The number of victims;
(ii) The pecuniary damages of each victim including, for those cases within the provisions of W.S. 7-9-113 through 7-9-115, the long-term physical health care cost of the victim;
(iii) The defendant's:
(A) Physical and mental health and condition;
(B) Age;
(C) Education;
(D) Employment circumstances;
(E) Potential for employment and vocational training;
(F) Family circumstances; and
(G) Financial condition and whether the defendant has an ability to pay or whether a reasonable probability exists that the defendant will have an ability to pay.
(iv) Whether compensation has been paid to any victim under the Crime Victims Compensation Act;
(v) What plan of restitution will most effectively aid the rehabilitation of the defendant; and
(vi) Other appropriate factors.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-107 - Notice to Victims.

7-9-107. Notice to victims.
(a) The probation and parole officer or other person directed by the court to assist in preparation of the restitution plan shall attempt to determine the name and address of each victim and the amount of his pecuniary damages and may rely on a victim's impact statement made pursuant to W.S. 7-21-101 through 7-21-103.
(b) The clerk of the court shall mail to each known victim a copy of the court's order approving or modifying the plan of restitution.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-108 - Compliance With Plan as Condition of Probation or Suspension; Payments to Clerk.

7-9-108. Compliance with plan as condition of probation or suspension; payments to clerk.
(a) Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension.
(b) Restitution payments by the defendant shall be made payable to the office of the clerk in a form acceptable to the clerk.
(c) Any restitution payment mailed to the last known address of the victim and returned to the clerk without a forwarding address shall be held by the clerk for a period of one (1) year following the date of receipt of the returned payment. A victim who fails to claim the returned payment or to provide a forwarding address within the one (1) year period forfeits his right to the payment and the clerk shall forward the amount of payment to the victim services division within the office of the attorney general for deposit in the account established under W.S. 1-40-114.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-109 - Failure to Comply; Modification or Extension of Plan.

7-9-109. Failure to comply; modification or extension of plan.
Failure of the defendant to comply with W.S. 7-9-104 or to comply with the plan of restitution as approved or modified by the court is a violation of the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7-9-113 through 7-9-115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7-13-301.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-110 - Civil Action.

7-9-110. Civil action.
(a) Proceedings, orders and judgments under W.S. 7-9-101 through 7-9-115 shall not estop, limit or impair the rights of victims to sue and recover damages from the defendant in a separate civil action. Any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim, however, in a civil action arising out of the same facts or event.
(b) The fact that restitution was required or made shall not be admissible as evidence in a civil action unless offered by the defendant.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-111 - Limitations on Duty of Prosecutor; Victim's Remedy.

7-9-111. Limitations on duty of prosecutor; victim's remedy.
Except as provided by W.S. 7-9-103(a), the prosecuting attorney has no obligation to investigate alleged pecuniary damages or to petition the court for restitution on behalf of a victim. In the event that the victim is not satisfied with the restitution plan approved or modified by the court, the victim's sole and exclusive remedy is a civil action.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-112 - Check Fraud.

7-9-112. Check fraud.
Notwithstanding any other provision of this chapter, the sentencing court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check in addition to any other punishment imposed under W.S. 6-3-702.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-113 - Restitution for Long-Term Care.

7-9-113. Restitution for long-term care.
(a) In addition to any other punishment prescribed by law and any restitution ordered pursuant to W.S. 7-9-102 which did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of W.S. 7-9-114 if the victim has suffered physical injury as a result of the crime which is reasonably probable to require or has required long-term physical health care for more than three (3) months.
(b) As used in W.S. 7-9-113 through 7-9-115 "long-term physical health care" includes mental health care.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-114 - Determination of Long-Term Restitution; Time for Order; Enforcement.

7-9-114. Determination of long-term restitution; time for order; enforcement.
(a) In determining the amount of restitution to be ordered for long-term physical health care, the court shall consider the factors stated in W.S. 7-9-106 together with an estimated monthly cost of long-term physical health care of the victim provided by the victim or his representative. The victim's estimate of long-term physical health care costs may be made as part of a victim impact statement under W.S. 7-21-103 or made separately. The court shall enter the long-term physical health care restitution order at the time of sentencing. An order of restitution made pursuant to this section shall fix a monthly amount to be paid by the defendant for as long as long-term physical health care of the victim is required as a result of the crime. The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long-term physical health care.
(b) Restitution ordered under this section shall be paid as provided in W.S. 7-9-108. The restitution order shall be a civil judgment against the defendant and may be enforced by any means provided for enforcing other restitution orders and civil judgments.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 9 - Victim Restitution › Section 7-9-115 - Modification of Order.

7-9-115. Modification of order.
After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments. Any modification of the order shall only be based upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-101 - Right of Defendant.

7-10-101. Right of defendant.
(a) A person arrested for an offense not punishable by death may be admitted to bail.
(b) A person arrested for an offense punishable by death may be admitted to bail at the discretion of the authorized judicial officer as defined by W.S. 7-10-104, except the defendant shall not be admitted to bail if the proof is evident or the presumption great in the case.
(c) During the pendency of an appeal in a bailable case, the judge of the court having jurisdiction may admit the defendant to bail in any sum he deems proper. The judge allowing bail may at any time revoke or amend the order admitting the defendant to bail.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-102 - Matters Governed by Rules.

7-10-102. Matters governed by rules.
The rules promulgated by the Wyoming supreme court shall govern in all matters relating to the terms, amount and conditions of bail, justification of sureties and procedures for forfeiture, enforcement and exoneration upon breach or default of the conditions of bail.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-103 - Continuation for Defendant Bound Over to District Court.

7-10-103. Continuation for defendant bound over to district court.
An order admitting to bail a defendant who is subsequently bound over to answer for a criminal offense in district court shall continue unless amended or revoked by the district court. The order of the court of limited jurisdiction admitting the defendant to bail, together with any cash, appearance bond or other security, shall be transmitted to the clerk of the district court and made a part of the record.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-104 - Authorized Judicial Officers.

7-10-104. Authorized judicial officers.
(a) A person charged with the commission of any bailable offense may be admitted to bail by:
(i) A justice of the supreme court;
(ii) A district judge or district court commissioner of the district in which the person is charged; or
(iii) A circuit judge, or magistrate of the county in which the person is charged.
(iv) Repealed By Laws 2004, Chapter 42, 2.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-105 - Disposition of Forfeited Proceeds.

7-10-105. Disposition of forfeited proceeds.
Any proceeds recovered as a result of the forfeiture of bail in any criminal case shall be paid into the county treasury to the credit of the public school fund of the county in which the defendant was admitted to bail.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 10 - Bail › Section 7-10-106 - Technical Defects.

7-10-106. Technical defects.
In any proceeding to enforce or forfeit bail it shall be no defense that there was a failure by the court to note or record the default nor that there was a defect in the form of the appearance bond unless the defect misled the defendant to his prejudice.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-101 - Impaneling in Criminal Cases.

7-11-101. Impaneling in criminal cases.
Trial juries for criminal actions in district courts and in circuit courts are formed in the same manner as trial juries in civil actions.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-102 - Trial of Accused.

7-11-102. Trial of accused.
In all criminal cases the jury summoned and impaneled according to the laws relating to the summoning or impaneling of juries in other cases, shall try the accused.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-103 - Peremptory Challenges.

7-11-103. Peremptory challenges.
(a) The defendant may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies eight (8) jurors, and in misdemeanors four (4) jurors. The prosecution may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies eight (8) jurors, and in misdemeanors four (4) jurors. The number of peremptory challenges allowed to the prosecution shall be multiplied by the number of defendants on trial in each case. Each defendant shall be allowed separate peremptory challenges.
(b) All challenges made under subsection (a) of this section shall be secret challenges.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-104 - Trial of Challenges for Cause.

7-11-104. Trial of challenges for cause.
Both the defense and the prosecution may challenge jurors for cause prior to the jury being sworn. Challenges for cause shall be tried by the court.