Wyoming Administrative Code › Agency 001 - Governor's Office › Sub-Agency 0001 - Good Time Allowance for Inmates of Penitentiary, Honor Farm › Chapter 0 - GOOD TIME ALLOWANCES FOR INMATES AND PAROLEES OF THE WYOMING DEPARTMENT OF CORRECTIONS › Section 0-5 - Removal and Withholding of Good Time and Special Good Time

Current through July 13, 2024
(a) Any good time allowance which has already
				been awarded may be removed by the WDOC or the Board from an inmate who has not
				demonstrated a proper and helpful attitude, conduct and behavior, except that
				good time and special good time may not be removed from the minimum sentence
				after it has been served. Additionally, the WDOC or the Board may prohibit the
				earning of future good time by an inmate on the above grounds. The WDOC's or
				the Board's decision is final and not subject to appeal. Good time awarded for
				time served while in county jail shall be treated identically to good time
				earned or awarded while in a WDOC facility and shall be subject to future
				removal.
(b) Future earnings of
				good time may be withheld at the discretion of WDOC, after the inmate has been
				afforded an evidentiary hearing. The decision by the Warden to withhold good
				time shall be final and not subject to appeal.
(c) The procedure to be used by the WDOC for
				the removal of good time which has been awarded shall include a recommendation
				made by the Warden, after the inmate has been afforded the opportunity for an
				evidentiary hearing and the grounds have been established. The inmate shall be
				notified in writing of the recommendation and advised that he or she may submit
				written objections to the recommendation within ten (10) days of the date the
				notification is written. Such objections shall be directed to the Director. The
				Director will review the recommendation for removal of good time and objection,
				if any, together with the written summary and determination from the
				institutional file of the inmate, and may, in his/her discretion, receive
				evidence from the inmate and others. Based on this information, the Director
				shall determine whether to remove good time allowances already awarded and the
				extent thereof, and the inmate shall be notified in writing of such
				determination, which shall be final and not subject to appeal.
(d) The Board may, of its own accord and
				without the recommendation of the WDOC, determine whether to remove good time
				and/or special good time already granted, and/or to prohibit the earning of
				future good time and/or special good time allowances of an inmate who has not
				demonstrated a proper and helpful attitude, conduct and behavior. The inmate
				shall be notified in writing, telephonically or in person of the Board's
				intent. If notice is given in person or telephonically, the Board shall offer
				the inmate an opportunity to voice his/her objection(s), if any, or may table
				its decision to allow the inmate to submit his/her objections in writing. If
				written notice is given, the inmate will be given the opportunity to submit
				objections in writing. Written objection(s) shall be submitted to the Board
				within ten (10) days of notice. If the grounds for removal of good time and/or
				special good time already awarded and/or withholding of future earnings have
				not previously been determined through an evidentiary hearing, the Board shall
				afford the inmate an evidentiary hearing before the Board members or a hearing
				officer prior to the Board's final decision. The Board's determination shall be
				final and is not subject to appeal.
(e) The WDOC's procedure to withhold good
				time awarded for the credit for time served in the county jail, in accordance
				to the Judgement and Sentence, shall include a review of the records and other
				communications received from the respective county jail where the inmate was
				housed. The records shall include documentation of any evidentiary hearing that
				took place, provided that the WDOC shall consider all records and
				communications provided, regardless of whether an evidentiary hearing occurred
				or any infirmities in the evidentiary hearing process which may exist. The
				Warden at the respective intake facility shall determine if good time shall be
				awarded based off of the records and communications received. The Warden's
				decision to award or withhold this good time shall not be subject to appeal.
				The Board, in its discretion, may remove such good time. If the county jail
				fails to provide such records or communications to the requesting facility, the
				facility will award good time. WDOC shall ensure it has done their due
				diligence in obtaining records.
(f)
				Inmates whose behavior warranted the removal and withholding of all good time
				by the Board of Parole prior to July 1, 2020, shall not receive an initial
				award of good time for time served in the county jail.