7-13-1302. Substance use disorder assessment required.
All persons convicted of a third misdemeanor under W.S. 31-5-233(e) or a felony shall receive a substance use disorder assessment. The substance use disorder assessment shall be part of a presentence report if prepared. The cost of the substance use disorder assessment shall be assessed to and paid by the offender. A person who has undergone a substance use disorder 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.
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 use disorder 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.
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.
7-13-1401. Petition for expungement; records of arrest,
dismissal of charges, disposition; eligibility; no filing fee.
(a) A person, or the state with regard to a petition for the expungement of records pertaining to a juvenile, may petition the court in which a proceeding occurred, or would have occurred, for an order expunging records of arrest, charges or dispositions which may have been made in the case, subject to the following limitations:
(i) At least one hundred eighty (180) days have passed since the arrest, or from the date the charge or charges were dismissed for which expungement is sought, there are no formal charges pending against the person when the petition is filed, there were no dispositions pursuant to W.S. 7-13-301 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to W.S. 35-7-1037 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to former W.S. 7-13-203 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, the petitioner sufficiently demonstrates that his petition satisfies all the requirements of this section, and at least one (1) of the following applies:
(A) There were no convictions pursuant to any charge or charges, including a conviction pursuant to a different or lesser charge as the result of the incident leading to the arrest;
(B) No criminal charges of any nature were filed in any court as the result of the incident leading to the arrest; or
(C) All criminal proceedings against the person were dismissed by the prosecutor or the court, and such proceedings were the result of the incident which led to the arrest.
(b) Any petition filed under this section shall be verified by the petitioner, served upon and reviewed by the prosecuting attorney, and no order granting expungement shall be issued prior to the expiration of twenty (20) days after service was made.
(c) The prosecuting attorney shall file with the court, an objection, if any, to the petition within twenty (20) days after service. If an objection is filed, the court shall set the matter for hearing. If no objection is filed, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section.
(d) If the court finds that the petitioner is eligible for relief under this section, it shall issue an order granting the expungement of the applicable record. The court shall also place the court file under seal, available only for inspection by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation.
(e) There shall be no filing fee for a petition filed under this section.
(f) A person who has received an order of expungement under this section may respond to any inquiry as though the arrest, or charge or charges did not occur, unless otherwise provided by law.
(g) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section.
(h) Notwithstanding any provision of the Wyoming Governmental Claims Act, the division of criminal investigation and its employees are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section.
(j) As used in this section:
(i) "Expungement" means only the classification of the record maintained in the files of the state central repository at the division of criminal investigation as defined by W.S. 7-19-107(a), in a manner reasonably tailored to ensure that the record will not be available for dissemination purposes other than to a criminal justice agency of any state or a federal criminal justice agency, to be used solely for criminal justice purposes. Expungement shall not include investigatory files of any local, state or federal criminal justice agency, where those files are being used solely for criminal justice purposes;
(ii) "Record" means any notation of the arrest, charge or disposition maintained in the state central repository at the division of criminal investigation, whether in paper or electronic format.
(k) The state may file a petition for the expungement of a juvenile arrest record, charges or dispositions without service on the juvenile. For the purposes of this subsection, "expungement" means as defined in W.S. 14-6-241(f).
conviction of certain misdemeanors; filing fee; notice; objections; hearing; definitions; exceptions.
(a) A person who has pled guilty or nolo contendere to or been convicted of a misdemeanor may petition the convicting court for an expungement of the records of conviction, subject to the following limitations:
(i) At least five (5) years have passed for nonstatus offenses and at least one (1) year has passed for status offenses as defined by W.S. 7-1-107(b)(iii) since the expiration of the terms of sentence imposed by the court, including any periods of probation or the completion of any program ordered by the court;
(ii) Repealed by Laws 2015, ch. 164, § 2.
(iii) The misdemeanor or misdemeanors for which the person is seeking expungement shall not have involved the use or attempted use of a firearm;
(iv) A health care provider who has pled guilty or nolo contendere to or has been convicted of an offense punishable under W.S. 6-2-313 which was committed against a patient under the care of the health care provider shall not be eligible for an expungement of the records of conviction.
(b) A petition filed under this section shall be verified by the petitioner and served upon the prosecuting attorney and the division of criminal investigation. The filing fee for each petition filed under this section shall be one hundred dollars ($100.00) and shall be deposited in accordance with W.S. 5-9-144.
(c) The prosecuting attorney shall serve notice of the petition for expungement by certified mail, return receipt requested, to any identifiable victims of the misdemeanors at their last known addresses of record on file with the prosecuting attorney. The notices shall include a copy of the petition and statutes applicable to the petition. In the event that there are no identifiable victims, or that there is at least one (1) identifiable victim and the prosecuting attorney has no address of record on file or the notice sent was returned or is otherwise undeliverable, the prosecuting attorney shall notify the court and shall be deemed to have complied with the provisions of this subsection.
(d) The court in its discretion may request a written report by the division of criminal investigation concerning the criminal history of the petitioner.
(e) The prosecuting attorney shall review the petition and shall file with the court an objection or recommendation, if any, to the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney. If the prosecuting attorney or an identifiable victim submits a written objection to the court concerning the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney, or if the petitioner objects to the criminal history report of the division of criminal investigation if requested by the court, the court shall set a date for a hearing and notify the prosecuting attorney, the identifiable victims who have submitted written objections to the petition, the division of criminal investigation and the petitioner of the date set for the hearing. Any person who has relevant information about the petitioner may testify at the hearing.
(f) If no objection is filed to the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section. No order granting expungement shall be issued prior to the expiration of thirty (30) days after service was made to the prosecuting attorney.
(g) If the court finds that the petitioner is eligible for relief under this section and that the petitioner does not represent a substantial danger to himself, any identifiable victim or society, it shall issue an order granting expungement of the applicable records. The court shall also place the court files under seal, available for inspection only by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation.
(h) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section.
(j) Notwithstanding any provision of the Wyoming Governmental Claims Act, the division of criminal investigation and its employees and any prosecuting attorney are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section.
(k) Nothing in this section shall be construed to allow a person who has previously received an expungement of records of conviction under this section to seek a second or subsequent expungement of records of conviction under this section.
(m) As used in this section:
(i) "Expungement" means as defined in W.S. 7-13-1401(j)(i);
(ii) "Misdemeanor" means as defined by W.S. 6-10-101;
(iii) "Record" means as defined in W.S. 7-13-1401(j)(ii);
(iv) "Health care provider" means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient's physical or mental condition.
conviction of certain felonies; filing fee; notice; objections; hearing; definitions; restoration of rights.
(a) A person convicted of a felony or felonies subject to expungement under this section arising out of the same occurrence or related course of events, may petition the convicting court for an expungement of the records of conviction, subject to the following limitations:
(i) At least ten (10) years have passed since:
(A) The expiration of the terms of sentence imposed by the court, including any periods of probation;
(B) The completion of any program ordered by the court; and
(C) Any restitution ordered by the court has been paid in full.
(ii) Other than convictions for which an expungement is sought under this section, the petitioner has not previously pleaded guilty or nolo contendere to or been convicted of a felony;
(iii) The felony or felonies for which the person is seeking expungement shall not have involved the use or attempted use of a firearm unless the felony or felonies are offenses punishable under title 23 of Wyoming statutes;
(iv) Felonies subject to expungement under this section shall not include:
(A) Violent felonies as defined in W.S. 6-1-104(a)(xii);
(B) Any offense punishable under W.S. 6-2-106(b);
(C) Any offense punishable under W.S. 6-2-108;
(D) Any offense punishable under W.S. 6-2-301 through 6-2-320;
(E) Any offense punishable under W.S. 6-2-501(f) as in effect prior to July 1, 2014 and any offense punishable under W.S. 6-2-511(b)(iii);
(F) Any offense punishable under W.S. 6-2-503;
(G) Any offense punishable under W.S. 6-2-508(b);
(H) Repealed By Laws 2014, Ch. 124, § 2.
(J) Repealed By Laws 2014, Ch. 124, § 2.
(K) Any offense punishable under W.S. 6-4-303(b)(i) through (iii);
(M) Any offense punishable under W.S. 6-4-402(b);
(N) Any offense punishable under W.S. 6-4-405;
(O) Any offense punishable under W.S. 6-5-102;
(P) Any offense punishable under W.S. 6-5-204(c);
(Q) Any offense punishable under W.S. 6-5-206 or 6-5-207;
(R) Repealed By Laws 2014, Ch. 124, § 2.
(S) Any offense punishable under W.S. 6-8-101 and 6-8-102; or
(T) Any offense subject to registration under W.S. 7-19-302(g) through (j);
(U) Repealed By Laws 2014, Ch. 124, § 2.
(W) Repealed By Laws 2014, Ch. 124, § 2.
(b) A petition filed under this section shall be verified by the petitioner and served upon the prosecuting attorney and the division of criminal investigation. The filing fee for each petition filed under this section shall be three hundred dollars ($300.00) and shall be deposited in accordance with W.S. 5-3-205.
(c) The prosecuting attorney shall, within thirty (30) days of service upon him, serve notice of the petition for expungement by certified mail, return receipt requested, to any identifiable victims of the nonviolent felonies at their last known addresses of record on file with the prosecuting attorney. The notices shall include a copy of the petition and statutes applicable to the petition. In the event that there are no identifiable victims, or that there is at least one (1) identifiable victim and the prosecuting attorney has no address of record on file or the notice sent was returned or is otherwise undeliverable, the prosecuting attorney shall notify the court and shall be deemed to have complied with the provisions of this subsection.
(d) The court in its discretion may request a written report by the division of criminal investigation concerning the criminal history of the petitioner.
(e) The prosecuting attorney shall review the petition and shall file with the court an objection or recommendation, if any, to the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney. If the prosecuting attorney or an identifiable victim submits a written objection to the court concerning the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney, or if the petitioner objects to the criminal history report of the division of criminal investigation if requested by the court, the court shall set a date for a hearing and notify the prosecuting attorney, the identifiable victims who have submitted written objections to the petition, the division of criminal investigation and the petitioner of the date set for the hearing. Any person who has relevant information about the petitioner may testify at the hearing.
(f) If no objection is filed to the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section. No order granting expungement shall be issued prior to the expiration of ninety (90) days after service was made to the prosecuting attorney.
(g) If the court finds that the petitioner is eligible for relief under this section and that the petitioner does not represent a substantial danger to himself, any identifiable victim or society, it shall issue an order granting expungement of the applicable records. The court shall also place the court files under seal, available for inspection only by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation.
(h) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section.
(j) Notwithstanding any provision within the Wyoming Governmental Claims Act, the division of criminal investigation and its employees and any prosecuting attorney are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section.
(k) Nothing in this section shall be construed to allow a person who has previously received an expungement of records of conviction under this section to seek a second or subsequent expungement of records of conviction under this section.
(m) An expungement of records pursuant to this section shall restore any rights removed as a result of the conviction for which the expungement has been granted.
(n) As used in this section:
(i) "Expungement" means as defined in W.S. 7-13-1401(j)(i);
(ii) "Record" means as defined in W.S. 7-13-1401(j)(ii).
(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.
(a) There is created a 24/7 sobriety program to be administered by the attorney general. The purpose of the program is to reduce the number of repeat crimes that are related to substance abuse by monitoring an offender's sobriety through intensive alcohol and drug testing and immediate and appropriate enforcement of violations.
(b) The program shall provide for frequent and certain testing for drug or alcohol use. The testing methods may include breath testing, drug patch testing, urinalysis, use of a remote breath testing device or a remote electronic alcohol monitoring device or other testing methods as provided by rule.
(a) Each county, through its sheriff, may take part in the program. A sheriff may designate an entity to provide the testing services or to take any other action authorized to be taken by the sheriff under this article with the exception of action taken to apprehend a violator under W.S. 7-13-1709.
(b) The sheriff shall establish the testing locations and times for his county but shall have at least one (1) testing location and two (2) daily testing times approximately twelve (12) hours apart unless the sheriff utilizes a remote electronic alcohol monitoring device that complies with rules promulgated by the attorney general pursuant to W.S. 7-13-1705.
(a) The attorney general shall adopt rules to implement this article. The rules shall:
(i) Provide for the nature and manner of testing and the procedures and apparatuses to be used for testing;
(ii) Establish fees and provide for the collection of fees. The fees shall be set as low as possible, but shall be set so that the total of fees and other funds credited to the program account defray the entire expense of the program, including all costs to the state; and
(iii) Establish a data management program to manage program data, including testing results, fees and required reports. The data management program shall be used by all counties taking part in the program.
The sheriff shall collect and transmit testing fees to the state treasurer to be credited to the 24/7 sobriety program account created by W.S. 7-13-1707. The fees shall be distributed as provided by this article and the rules.
(a) There is created a 24/7 sobriety program account. The account shall be used by the attorney general to defray all the costs of the program to the state, including the costs of the attorney general in administering this article. Disbursements from the account shall not exceed the monies credited to it. All monies in the account are continuously appropriated to the attorney general to be used solely for the administration of the program and for no other purpose. After paying participating vendors, the attorney general shall return no less than seventy-five percent (75%) of the remaining fees collected under W.S. 7-13-1706 to the sheriff who collected the fee. The sheriff shall utilize the funds only to administer or enhance the county's 24/7 sobriety program. Notwithstanding W.S. 9-2-1008 and 9-4-207 funds in the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account.
(b) The attorney general may accept, and shall deposit in the account, any gifts, contributions, donations, grants or federal funds specifically designated for the benefit of the program.
7-13-1708. Authority of court to order participation in program.
(a) Upon a charge or offense for conduct committed while intoxicated or under the influence of a controlled substance, a court may order participation in the program as a condition of pretrial release, bond, suspension of sentence, probation or other conditional release.
(b) Participation in the program may be imposed as a condition of release under the Wyoming Rules of Criminal Procedure, including rules 46.1 and 46.2.
(c) Before ordering participation in the program, a court may require the person to undergo a substance use disorder assessment. The cost of the substance use disorder assessment shall be paid by the offender.
(d) The state board of parole may require a parolee to participate in the program as a condition of parole.
(a) Upon the failure of a person to submit to a test under the program or upon a positive test for alcohol or controlled substance in violation of the program, a peace officer or a probation and parole agent shall complete a written statement establishing the person, in the judgment of the officer or agent, violated a condition of release by failing to submit to or pass a test. A peace officer shall immediately arrest the person without warrant after completing or receiving the written statement.
(b) A person taken into custody under this section shall appear before a court within a reasonable time and shall not be released unless the person has made a personal appearance before a court.
7-13-1710. 24/7 sobriety program director; appointment.
The attorney general may appoint a director to administer the program. The appointment shall be subject to senate confirmation in the manner provided for in W.S. 28-12-101 and 28-12-102 for gubernatorial appointments. The director shall receive an annual salary determined by the department of administration and information human resources division.
7-13-1801. Incentives and sanctions system; duties of the department of corrections; definitions.
(a) The department shall by rule and regulation establish, maintain and implement an incentives and sanctions system to utilize as responses to positive and negative behavior by probationers, parolees and conditional releasees under the department's supervision. The system shall provide for graduated responses to compliance violations and other violations of supervision conditions in a swift, certain and proportional manner and shall include guidance and procedures to determine when and how to:
(i) Request a warrant;
(ii) Initiate and conduct any hearing required under W.S. 7-13-1803; and
(iii) Seek departmental approval to use custodial sanctions.
(b) To implement and continuously improve the incentives and sanctions system, the department shall:
(i) Provide information and training on the system to probation and parole agents and supervisors and to members and staff of the state board of parole;
(ii) Offer information and training on the system to the Wyoming supreme court, district court judges, circuit court judges, district attorneys, defense attorneys, law enforcement officers, corrections and detention officers, contracted service providers and other interested personnel;
(iii) Review the system at least one (1) time every five (5) years to ensure that the system adheres to evidence-based practices and that the use of incentives and sanctions by probation and parole agents is consistent throughout the state;
(iv) Ensure that the responses, guidance and procedures established in the system consider community safety and the needs of the victim and offender;
(v) Collect data relating to placement decisions determined by using the system;
(vi) Aggregate collected data and submit a report by September 1 of each year to the joint judiciary interim committee.
(c) As used in this article:
(i) "Cognitive-behavioral programming" means programming or therapy that utilize cognitive-behavioral and social learning theories to target a person's dysfunctional beliefs, thoughts and patterns of behavior that contribute or lead to criminal behaviors;
(ii) "Compliance violation" means as defined in W.S. 7-13-401(a)(xv);
(iii) "Department" means the department of corrections.
(a) The sanctions authorized under W.S. 7-13-1801(a) may include:
(i) Loss or restriction of privileges;
(ii) Community service;
(iii) Placement in an intensive supervision program established under W.S. 7-13-1102 or a nonresidential community correctional program established under W.S. 7-18-103 or 7-18-104;
(iv) Custodial sanctions authorized under subsection
(b) of this section, subject to any procedure required under W.S. 7-13-1803 and any rules promulgated under W.S. 7-13-1801(a).
(b) Subject to the requirements in W.S. 7-13-1803(c), custodial sanctions authorized by W.S. 7-13-1801(a) for compliance violations shall include one (1) or more of the following:
(i) A sanction of time served in custody between arrest and hearing or between arrest and the disposition of the alleged violation if a hearing is not held;
(ii) Immediate confinement in a consenting Wyoming county jail, to be imposed as a two (2) or three (3) day consecutive period;
(iii) Confinement in a consenting Wyoming county jail for up to fifteen (15) consecutive days in addition to any time served between arrest and hearing;
(iv) Confinement for up to ninety (90) days in a residential community correction program established under W.S. 7-18-103 or 7-18-104 coupled with substance abuse treatment, cognitive-behavioral programming to address criminal thinking or other programming that the department deems appropriate;
(v) Confinement for up to ninety (90) days in a consenting Wyoming county jail coupled with substance abuse treatment contracted with and paid for by the department;
(vi) Incarceration in a state penal institution for up to ninety (90) days coupled with substance abuse treatment, cognitive-behavioral programming to address criminal thinking or other programming that the department deems appropriate.
7-13-1803. Procedure for imposing sanctions; housing violators; civil actions against officials.
(a) A probation and parole agent who reasonably believes that a defendant, probationer, parolee or conditional releasee has committed one (1) or more compliance violations that require a sanction shall utilize sanctions available within the incentives and sanctions system to determine an appropriate response. Subject to subsection (d) of this section, the agent shall initiate a hearing in accordance with subsection (b) of this section and W.S. 7-13-408 and shall attempt to gain the person's compliance with the conditions of probation, parole or conditional release through the sanctions provided in W.S. 7-13-1802.
(b) Any hearing under this section shall be before the field services administrator, his designated hearing officer or any other person authorized pursuant to the laws of this state to hear cases of alleged probation, parole or conditional release violations, except that no hearing officer shall be the person making the allegation of violation. If the hearing officer determines by a preponderance of the evidence that the defendant, probationer, parolee or conditional releasee has violated a condition of probation, parole or conditional release, the hearing officer shall utilize the incentives and sanctions system to determine an appropriate response, which may include the sanctions authorized under W.S. 7-13-1802.
(c) Any imposition of custodial sanctions shall be subject to the following conditions:
(i) All time in custody related to the compliance violation shall be credited toward the defendant's, probationer's, parolee's or conditional releasee's sentence;
(ii) The total of all confinement under W.S. 7-13-1802(b)(i) and (ii) shall not exceed eighteen (18) days during the term of probation, parole or conditional release;
(iii) Cumulative custodial sanctions imposed under W.S. 7-13-1802(b)(i) through (iii) shall not exceed ninety (90) days during the term of probation, parole or conditional release prior to any revocation.
(d) A hearing shall be held before custodial sanctions are imposed. The imposition of sanctions shall not require a hearing if:
(i) The probationer or parolee is a participant in the intensive supervision program pursuant to W.S. 7-13-1105;
(ii) The probationer is a qualified offender whose probation has been previously revoked pursuant to W.S. 7-13-1303(d); or
(iii) The probationer or parolee consents to the administrative sanction without a hearing.
(e) Upon agreement of the sheriff and the director of the department of corrections, the probationer, parolee or conditional releasee may be maintained at the county jail at an agreed per diem rate to be paid by the department. The department shall pay for any medical treatment of the probationer, parolee or conditional releasee, other than for conditions demanding immediate medical attention which can be treated at the county jail for which the county is liable under W.S. 18-6-303(c)(i). Except for emergency medical treatment, no treatment which is the responsibility of the department under this subsection shall be provided without the prior approval of the department.
(f) If any civil action is brought against any sheriff, his undersheriff, deputy, agent or employee, by reason of acts committed or allegedly committed in the performance of necessary duties in connection with the housing and care of a probation, parole or conditional release violator under this section, the state shall indemnify and hold harmless the officers, agents or employees from all civil liability incurred or adjudged except punitive damage awards. Upon request, the state shall provide legal counsel at the state's expense to assist in the defense of any action referred to in this subsection.
(g) Probationers, parolees and conditional releasees committed to the county jail or a residential community correctional program pursuant to this section shall be housed in accordance with subsection (e) of this section or W.S. 7-18-115(b).
7-14-101. Definition of "this act"; commencement and conduct of proceedings.
(a) As used in W.S. 7-14-101 through 7-14-108 "this act" means W.S. 7-14-101 through 7-14-108.
(b) Any person serving a felony sentence in a state penal institution who asserts that in the proceedings which resulted in his conviction or sentence there was a substantial denial of his rights under the constitution of the United States or of the state of Wyoming, or both, may institute proceedings under this act. The proceeding shall be commenced by filing with the clerk of the court where the conviction occurred a petition verified by affidavit. A copy of the petition shall be served by the inmate on the Wyoming attorney general by mail or by some other method reasonably calculated to assure prompt and verifiable service. The clerk shall docket the petition upon receipt and bring it promptly to the attention of the court.
(c) Unless otherwise inconsistent with the provisions of this act, proceedings under this act shall be conducted pursuant to the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence, except:
(i) Any evidentiary hearing shall be conducted before the court without a jury; and
(ii) Rules 3, 4, 14, 22, 23, 24, 38, 39, 40.1, 42, 47, 48, 51, 55, 59 and 64 through 71.1 of the Wyoming Rules of Civil Procedure shall not apply to proceedings under this act.
(a) The petition shall state:
(i) The proceeding in which the petitioner was convicted;
(ii) The date of the rendition of the final judgment;
(iii) The facts which show the petitioner's constitutional rights were violated; and
(iv) Any previous proceedings in which the petitioner has been involved to secure relief from his conviction.
(b) The petition shall be accompanied by affidavits, records or other evidence supporting the allegations or shall state why the same are not attached.
(c) The petition may contain argument, citations and discussion of authorities.
(a) A claim under this act is procedurally barred and no court has jurisdiction to decide the claim if the claim:
(i) Could have been raised but was not raised in a direct appeal from the proceeding which resulted in the petitioner's conviction;
(ii) Was not raised in the original or an amendment to the original petition under this act; or
(iii) Was decided on its merits or on procedural grounds in any previous proceeding which has become final.
(b) Notwithstanding paragraph (a)(i) of this section, a court may hear a petition based on any of the following:
(i) The petitioner sets forth facts supported by affidavits or other credible evidence which was not known or reasonably available to him at the time of a direct appeal;
(ii) The court finds from a review of the trial and appellate records that the petitioner's appellate counsel provided constitutionally ineffective assistance by failing to assert a claim that was likely to result in a reversal of the petitioner's conviction or sentence on his direct appeal. This finding may be reviewed by the supreme court together with any further action of the district court taken on the petition; or
(iii) The petitioner was represented by the same attorney in the trial and appellate courts.
(c) This act does not apply to claims of error or denial of rights in any proceeding:
(i) For the revocation of probation or parole;
(ii) Provided by statute or court rule for new trial, sentence reduction, sentence correction or other post-verdict motion.
(d) No petition under this act shall be allowed if filed more than five (5) years after the judgment of conviction was entered.
(a) Repealed by Laws 1990, ch. 95, § 2.
(b) Repealed by Laws 1990, ch. 95, § 2.
(c) An indigent petitioner seeking relief under this act is not entitled to representation by the state public defender or by appointed counsel.