7-18-108. Placement of offender in program by court; placement by department as administrative sanction.
(a) Subject to subsection (b) of this section, following an eligible adult offender's conviction or his plea of guilty, the sentencing court may, as a condition of probation, order that the offender participate in a residential or nonresidential adult community correctional program during all or any part of his term of probation.
(b) Placement of an offender in an adult community correctional facility or program under this section shall be made only if:
(i) The adult community correctional facility or program is operated by a governmental unit or a nongovernmental agency which has entered into a contract with the corrections board serving the county in which the defendant is sentenced and the corrections board has contracted with the department to provide adult community correctional services for offenders;
(ii) Funding for the placement is available;
(iii) The offender is acceptable to the corrections board; and
(iv) The offender is assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
(c) Prior to the placement of an offender in any nongovernmental adult community correctional facility, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.
(d) The probation and parole agent for the judicial district shall include in the presentence report or otherwise recommend to the sentencing judge recommendations for the utilization of any governmental or, when available, nongovernmental adult community correctional facility or program which has been approved for use by the corrections board.
(e) The probation and parole officers for the judicial district shall have general supervisory authority over all offenders placed in adult community correctional facilities or programs under this section.
(f) Subject to subsection (b) of this section, the department may impose the administrative sanctions provided in W.S. 7-13-1802(b) on any probationer participating in an intensive supervision program who violates the rules and restrictions of the program as an alternative to probation revocation.
(g) Notwithstanding paragraph (b)(iv) of this section, placement of a probationer in an adult community correctional program as a sanction under subsection (f) of this section and W.S. 7-13-1801 through 7-13-1803 or following a revocation of probation shall not require the probationer to be assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
7-18-109. Transfer of inmate to facility by department.
(a) Subject to subsection (b) of this section, and upon recommendation of the warden or superintendent of the institution, the department may transfer an adult inmate to a residential adult community correctional facility.
(b) A transfer of an inmate to a residential adult community correctional facility under this section may be made only if:
(i) The department determines the inmate poses a low risk of escape or violence;
(ii) The inmate is eligible under W.S. 7-18-102(a)(iii);
(iii) The inmate is within at least twenty-four (24) months of his parole eligibility date and his conduct during his confinement has been such that he is appropriate for placement;
(iv) The residential adult community correctional facility is operated under a contract with a corrections board and the corrections board has contracted with the department to provide services which include placement of pre-parole inmates;
(v) The inmate has been accepted by the corrections board;
(vi) Funding for the placement is available; and
(vii) The department determines the correctional needs of the inmate will be better served by the transfer.
(c) Prior to the placement of an inmate in any nongovernmental adult community correctional facility, the department shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the inmate to be placed.
(d) No inmate shall be transferred to a residential adult community corrections facility under this section unless he agrees in writing to abide by the regulations of the program provider and any additional conditions imposed by the department. Approval of a transfer under this section is not a discharge of the inmate but shall be construed as an extension of the limits of confinement of the institution to which the inmate was committed. The department may revoke the approval of the transfer of an inmate under this section at any time for violation by the inmate of any conditions of the placement. Upon revocation the inmate shall be returned to the physical custody of the department.
(e) The probation and parole officers for the judicial district shall have general supervisory authority over all inmates in adult community correctional facilities or programs under this section.
7-18-110. Authority of department of corrections to contract for services.
(a) Subject to legislative appropriation, the department may, by negotiation without competitive bids or by competitive bidding, contract with any community corrections board created under this act, to provide services for:
(i) Convicted felony offenders ordered by a sentencing court to participate in adult community correctional facilities or programs as a condition of probation;
(ii) Inmates transferred to a residential adult community correctional facility by the department pursuant to W.S. 7-18-109; or
(iii) Parolees required to participate in a residential or nonresidential adult community correctional program as a condition of parole pursuant to W.S. 7-18-115.
(b) No inmate, parolee or offender shall be deemed to be a third party beneficiary of, or to be otherwise entitled to enforce any provision of, any contract entered into under subsection (a) of this section.
(a) The department shall:
(i) Establish minimum facility standards for residential adult community correctional facilities operated by any entity receiving funds under this act;
(ii) Establish minimum standards for adult community correctional programs;
(iii) Review and evaluate all adult community correctional facilities and programs funded under this act;
(iv) Prescribe accounting and reporting standards for all program providers under this act;
(v) Establish a per diem rate to be paid program providers under this act which shall not exceed the daily cost of keeping an inmate at the Wyoming state penitentiary;
(vi) Promulgate rules and regulations reasonably necessary to carry out the provisions of this act.
(a) An offender, parolee or an inmate is deemed guilty of escape from official detention and shall be punished as provided by W.S. 6-5-206(a)(i) if, without proper authorization, he:
(i) Fails to remain within the extended limits of his confinement or to return within the time prescribed to an adult community correctional facility to which he was assigned or transferred; or
(ii) Being a participant in a program established under the provisions of this act he leaves his place of employment or fails or neglects to return to the adult community correctional facility within the time prescribed or when specifically ordered to do so.
If the administrator of an adult community correctional facility or any other appropriate supervising authority has cause to believe that an offender, parolee or inmate placed in an adult community correctional facility has violated any rule or condition of that person's placement in that facility or any term of post-release supervision or cannot be safely housed in that facility, the administrator or other authority shall certify to the department the facts which are the basis for the belief and execute a transfer order to the sheriff of the county in which the facility is located, who shall confine the offender, parolee or inmate in the county jail pending a determination by the appropriate judicial or executive authorities as to whether or not the offender, parolee or inmate shall remain in community corrections.
7-18-114. Record and disbursement of wages; exemption from process; confidentiality of amount.
(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified:
(i) Personal necessities;
(ii) Room and board to the program operator at a rate to be established by the department;
(iii) Support of dependent relations;
(iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 5-12-118;
(v) Repealed By Laws 1999, ch. 62, § 2.
(vi) Costs of health insurance; and
(vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.
(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court.
(c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department.
(d) The earnings of inmates under this act are not subject to garnishment, attachment or execution.
(e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.
7-18-115. Assignment of parolee to program by state board
of parole; placement by department as administrative sanction.
(a) Subject to subsection (b) of this section, the state board of parole may, as a condition of parole, require a parolee to participate in a residential or nonresidential adult community correctional program during all or any part of his term of parole.
(b) Placement of a parolee in an adult community correctional facility or program under this section shall be made only if:
(i) Repealed by Laws 2019, ch. 116, § 3.
(ii) The adult community correctional facility or program is operated under a contract with a corrections board and the corrections board has contracted with the department to provide services which include placement of parolees;
(iii) The parolee has been accepted by the corrections board;
(iv) Funding for the placement is available; and
(v) The offender is assessed through a validated risk-need assessment as a high risk of reoffending or violating a condition of parole.
(c) Prior to the placement of a parolee in any nongovernmental adult community correctional facility, the department shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the parolee to be placed.
(d) No parolee shall be paroled to an adult residential community corrections facility under this section unless he agrees in writing to abide by the regulations of the program provider and any additional conditions imposed by the state board of parole and the department.
(e) The state board of parole may revoke a parolee's parole at any time for violation by the parolee of any conditions of the placement under this section. Upon revocation, the parolee shall be returned to the physical custody of the department.
(f) The probation and parole officers for the judicial district shall have general supervisory authority over all parolees placed in adult community correctional facilities or programs under this section.
(g) Subject to subsection (b) of this section, the department may impose the administrative sanctions provided in W.S. 7-13-1802(b) on any parolee participating in an intensive supervision program who violates the rules and restrictions of the program as an alternative to parole revocation.
(h) Notwithstanding paragraph (b)(v) of this section, placement of a parolee in an adult community correctional program authorized under this article as a sanction under subsection (g) of this section, W.S. 7-13-1801 through 7-13-1803 or following a modification or revocation of parole shall not require the parolee to be assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
(a) This act governs all systems of records for the collection, maintenance, use and dissemination of individually identifiable criminal history record information by any criminal justice agency.
(b) This act applies to criminal history record information compiled for all felonies, high misdemeanors and other misdemeanors determined by the division pursuant to W.S. 9-1-623(a) but does not apply to violations of municipal ordinances.
(c) Notwithstanding any provision of this act, specific provisions relating to confidentiality of records contained in Title 14, Wyoming statutes, shall govern in those circumstances to which the more specific statute applies. This subsection shall not apply to the disclosure requirements provided in W.S. 7-19-309.
(a) As used in this act:
(i) "Conviction data" includes records indicating criminal justice transactions related to an offense that have resulted in a conviction, guilty plea or a plea of nolo contendere of an individual;
(ii) "Criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files or statistical records and reports in which individual identities are not ascertainable, any document relating to restoration of voting rights, or any document signed by the governor granting a pardon, commutation of sentence, reprieve, remission of fine or forfeiture or a restoration of civil rights;
(iii) "Criminal justice agency" means any agency or institution of state or local government other than the office of the public defender which performs as part of its principal function, activities relating to:
(A) The apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders;
(B) The collection, maintenance, storage, dissemination or use of criminal history record information.
(iv) "Division" means the Wyoming division of criminal investigation within the office of the attorney general;
(v) "High misdemeanor" means a misdemeanor for which the penalty authorized by law exceeds the jurisdiction of municipal courts;
(vi) "Interstate system" means all agreements, arrangements and systems for the interstate transmission and exchange of criminal history record information. The term does not include record keeping systems in the state maintained or controlled by any state or local agency, or group of agencies, even if the agencies receive or have received information through, or otherwise participate or have participated in, systems for the interstate exchange of criminal history record information;
(vii) "Nonconviction data" means arrest information in cases in which:
(A) There has been an acquittal, dismissal or annulment of verdict or plea;
(B) An interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending;
(C) A law enforcement agency has elected not to refer a matter to a prosecutor;
(D) A prosecutor has elected not to commence criminal proceedings; or
(E) The proceedings have been indefinitely postponed.
(viii) "State" means the state of Wyoming;
(ix) "System of record" means any group of records under the control of a criminal justice agency from which information is retrieved using the name of the individual or some identifying number, symbol or other identifier particularly assigned to the individual. The term does not include records that are maintained only in chronological order or by numbers which are not particular to individuals;
(x) "This act" means W.S. 7-19-101 through 7-19-109.
7-19-104. Procedures to insure currentness of information; disposition and arrest data.
(a) The collection, storage, dissemination and use of criminal history record information under this act shall take place under procedures reasonably designed to ensure that all information is kept current.
(b) Criminal history record information collected, stored, disseminated or used under this act shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included.
(a) The division shall promulgate reasonable rules and regulations to carry out the provisions of this act. The rules shall include:
(i) Standards and procedures to ensure the security and privacy of all criminal history record information and that the information is used only for criminal justice and other lawful purposes; and
(ii) Standards and procedures in conformance with this act relating to access to and dissemination of criminal history record information, research, system security, record completeness and accuracy, training, intrastate and interstate exchanges, user agreements, audits and procedures for review and challenge of records.
7-19-106. Access to, and dissemination of, information.
(a) Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:
(i) Other criminal justice agencies;
(ii) Any person designated for the purpose provided by W.S. 14-6-227;
(iii) The department of family services;
(iv) Other governmental agencies as authorized by the laws of the United States or any state or by executive order;
(v) An individual who has met the requirements established by the division to ensure the record will be used solely as a statistical research or reporting record and that the record is to be transferred in a form that is not individually identifiable;
(vi) Any record subject as provided by W.S. 7-19-109;
(vii) The department of health;
(viii) The Wyoming state board of nursing for purposes of obtaining background information on applicants for licensure or certification under the board;
(ix) Court supervised treatment program staff solely for the purposes of utilizing the information pursuant to the Court Supervised Treatment Programs Act in title 5, chapter 12 of the Wyoming statutes;
(x) Repealed By Laws 2013, Ch. 127, § 3.
(xi) The secretary of state, through the electronic voter registration system, for confirmation of the existence or nonexistence of felony conviction records of registered voters and of individuals seeking to register to vote. If the criminal history record information indicates that the subject's voting rights have been restored, that information shall also be provided. Notwithstanding subsection (c) of this section and W.S. 7-19-108, the subject's fingerprints shall not be required and no fee shall be charged. The necessary identifying information shall be provided to the division and the disclosures made in accordance with the terms agreed upon by the secretary of state and the attorney general;
(xii) The board of examiners for optometry for purposes of obtaining background information on applicants for licensure or certification by the board;
(xiii) Any public fire department, ambulance service, counties providing fire protection services pursuant to W.S. 18-3-509, regional emergency response team or fire protection district, using paid employees or volunteers on a full-time or part-time basis, for purposes of obtaining criminal history record information on prospective employees;
(xiv) The department of homeland security for purposes of obtaining background information on prospective homeland security workers and regional emergency response team participants;
(xv) The military department for purposes of obtaining criminal history record information on prospective employees, volunteers or military members serving in active duty or in the Wyoming national guard. The dissemination of criminal history record information as defined in W.S. 7-19-103(a)(ii) and authorized by this paragraph shall only occur if required by the department as a condition for employment with the department, for training, deployment or mobilization decisions or for security clearance matters;
(xvi) The department of transportation for purposes of dealer and wholesaler licensing and permitting under title 31, chapter 16 and for purposes of performing background checks required by W.S. 31-7-103(b) and 31-7-114(f)(iv);
(xvii) The department of audit;
(xviii) The certified real estate appraiser board for purposes of permitting or registration under title 33, chapter 39;
(xix) The state auditor;
(xx) The Wyoming retirement system;
(xxi) The board of physical therapy for purposes of obtaining background information on applicants for licensure or certification by the board;
(xxii) The state banking commissioner for purposes of licensing and registration pursuant to W.S. 40-14-604, 40-14-634, 40-14-642, 40-22-108, 40-23-103 and 40-23-125;
(xxiii) The board of medicine for purposes of obtaining background information on applicants for licensure or certification by the board whose application or other information received by the board indicates the applicant has or may have been convicted of a crime, and for purposes of investigation of complaints and disciplinary action against licensees of the board;
(xxiv) The board of midwifery for purposes of obtaining background information on applicants for licensure by the board whose application or other information received by the board indicates the applicant has or may have been convicted of a crime, and for purposes of investigation of complaints and disciplinary action against licensees of the board;
(xxv) The department of insurance, for purposes of licensing under Wyoming statutes title 26, chapter 9;
(xxvi) The Wyoming professional teaching standards board for purposes of obtaining background information on applications for certification and if requested by a school district, to school district boards of trustees for obtaining background information on employees who may have access to minors in the course of employment;
(xxvii) The department of enterprise technology services for purposes of obtaining background information on prospective and current employees;
(xxviii) A health care licensure board that licenses health care professionals under title 33 of the Wyoming statutes for purposes of obtaining background information on applicants for licensure pursuant to an interstate compact entered into by the state of Wyoming;
(xxix) The collection agency board for purposes of licensing under Wyoming statutes title 33, chapter 11;
(xxx) The department of health for purposes of obtaining background information on persons specified in W.S. 40-28-103(d) as part of a medical digital innovation sandbox application;
(xxxi) The banking commissioner or the secretary of state for purposes of obtaining background information on persons specified in W.S. 40-29-104(d) as part of a financial technology sandbox application;
(xxxii) The state treasurer;
(xxxiii) The board of examiners of speech-language pathology and audiology for purposes of obtaining background information on persons applying for licensure on or after July 1, 2020 as speech-language pathologists, audiologists or speech-language pathology assistants under Wyoming statutes title 33, chapter 33;
(xxxiv) The mental health professions licensing board for purposes of obtaining background information on applicants for licensure or certification by the board;
(xxxv) The Wyoming gaming commission;
(xxxvi) The board of nursing home administrators for purposes of obtaining background information on applicants for licensure by the board under title 33, chapter 22 of the Wyoming statutes;
(xxxvii) The board of psychology for purposes of obtaining background information on persons applying for licensure or certification under title 33, chapter 27 of the Wyoming statutes;
(xxxviii) The board of occupational therapy for purposes of obtaining background information on currently licensed occupational therapists and occupational therapist assistants applying for a compact privilege under the Occupational Therapy Licensure Compact as provided in W.S. 33-40-201 through 33-40-216;
(xxxix) Any professional licensing board, commission, commissioner or authority that otherwise has authority to receive criminal history record information under this subsection, for purposes of obtaining criminal history background information for pre-application determination in accordance with W.S. 33-1-304(e);
(xl) The governor for purposes of obtaining the criminal background history of an employee, intern, applicant for employment or applicant for an internship in the governor's office;
(xli) The Wyoming stable token commission for purposes of W.S. 40-31-103(b)(iv) and 40-31-105(c)(vii);
(xlii) The board of chiropractic examiners for purposes of obtaining background information on persons applying for initial licensure under title 33, chapter 10 of the Wyoming statutes, and for purposes of investigation of complaints and disciplinary action against licensees of the board.
(b) Notwithstanding subsection (a) of this section, the division may disseminate criminal history record information to central repositories of other states and to the Federal Bureau of Investigation in accordance with rules and regulations promulgated by the division governing participation in an interstate system for the exchange of criminal history record information, and upon assurance that the information will be used only for purposes that are lawful under the laws of the other states involved or the laws applicable to the Federal Bureau of Investigation.
(c) All applications or requests to the division for criminal history record information submitted by the record subject or any other person except a criminal justice agency or the department of family services, shall be accompanied by the record subject's fingerprints in addition to any other information required by the division.
(d) No criminal justice agency or individual employed by the agency shall confirm the existence or nonexistence of criminal history record information to any person that would not be eligible to receive the information.
(e) Nothing in this act prohibits the dissemination of conviction data for purposes related to the issuance of visas and the granting of citizenship.
(f) Each person requesting criminal history record information from the division or a criminal justice agency shall upon request be advised in writing whether the person is found to be eligible or ineligible for access.
(g) No information shall be disseminated by the division or by any criminal justice agency to any person or agency prior to determination of eligibility.
(h) Each criminal justice agency holding or receiving criminal history record information shall maintain dissemination logs and other records relative to the release of the information in accordance with rules promulgated by the division.
(j) No criminal history record information released to an authorized recipient shall be released, used or disseminated by that recipient to any other person for any purpose not included in the original request except that the record subject may make further dissemination in his discretion.
(k) Notwithstanding subsection (a) of this section, the division may disseminate criminal history record information concerning a record subject, or may confirm that no criminal history record information exists relating to a named individual:
(i) In conjunction with state or national criminal history record information check under W.S. 7-19-201; or
(ii) If application is made for a voluntary record information check, provided:
(A) The applicant submits proof satisfactory to the division that the individual whose record is being checked consents to the release of the information to the applicant;
(B) The application is made through a criminal justice agency in this state authorized to access criminal history record information maintained by the division which application shall then be forwarded to the division by the criminal justice agency; and
(C) The applicant pays the fees required by W.S. 7-19-108.
(m) Notwithstanding any other provision of this act, the Wyoming department of corrections and county jails may release the following information regarding any individual, except juveniles charged with a status offense as defined by W.S. 14-6-201(a)(xxiii), who is or has been committed to the supervision or custody of the department or county jails, unless release of the information could compromise the physical safety of the individual:
(i) Name and other identifying information;
(ii) Photograph and physical description;
(iii) Any conviction for which the individual was committed to the supervision or custody of the department or county jail;
(iv) Sentencing information regarding any conviction for which the individual was committed to the supervision or custody of the department or county jail;
(v) Projected parole eligibility, release and discharge dates;
(vi) Current location of the individual's supervision or custody; and
(vii) Date of release from the department's or county jail's supervision or custody.
(n) Unless otherwise specifically prohibited by court order, or if disclosure may be withheld under other pertinent law, the Wyoming department of corrections may, ten (10) years after the date of death of the record subject, release to the public any record created and maintained by the department relating to an individual committed to the supervision or custody of the department, except:
(i) Records regarding the victim of the crime;
(ii) Medical, psychological and dental records of the inmate;
(iii) Records relating to the security of any facility in which the inmate was housed during his incarceration; and
(iv) Records relating to out of state placement of the inmate.
7-19-107. Central repository; information to be submitted; audits; interstate exchanges.
(a) The division of criminal investigation within the office of the attorney general is designated as the central repository for criminal history record information.
(b) For the purpose of maintaining complete and accurate criminal history record information at the central repository, all city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, the department of corrections, state juvenile correctional institutions and local probation and parole agencies shall submit the criminal history record information required under this section for which they are responsible to the division for filing at the earliest time possible following the occurrence of the reportable event. Except as provided in subsection (k) of this section, reports shall be submitted on uniform forms approved and provided by the division.
(c) All criminal justice agencies making arrests for offenses covered by this act shall furnish the division with information concerning the charges and description of all persons arrested and shall furnish their fingerprints. Each agency shall also notify the division of any decision not to refer an arrest for prosecution. An agency making arrests covered by this subsection may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf.
(d) All district attorneys shall notify the division of all final disposition information in cases covered by this act including charges not filed in criminal cases for which the division has a record of an arrest.
(e) Except as provided in subsection (k) of this section, all district attorneys and clerks of the district courts and courts of limited jurisdiction shall furnish the division with information concerning final dispositions in criminal cases covered by this act. The information shall include, for each charge:
(i) All judgments of not guilty, discharges and dismissals in the trial courts;
(ii) All court orders filed in the case which reverse or remand a reported conviction or vacate, modify or annul a sentence or conviction;
(iii) All judgments terminating or revoking a sentence to probation, supervision or conditional discharge and any order relating to resentencing after the termination or revocation.
(f) After the court pronounces sentence in any case covered by this act, including an order of probation, parole or suspended sentence, the sheriff shall fingerprint any convicted defendant who has not previously been fingerprinted for the same case or whose fingerprints for the same case were rejected as unreadable. The sheriff shall submit the fingerprints to the division.
(g) The director of the department of corrections, the superintendents of the Wyoming boys' school and Wyoming girls' school and the sheriff of each county shall furnish the division with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of any individual who has been sentenced to the agency's custody for any offense covered by this act.
(h) The division shall regularly audit its own records and practices to ensure the completeness and accuracy of criminal history record information collected, maintained, used or disseminated by it, and to evaluate its procedures and facilities relating to the privacy and security of information. The division shall periodically audit the records and practices of each criminal justice agency in this state authorized to access criminal history record information maintained by the division.
(j) The division may enter into agreements with criminal records central repositories and criminal justice agencies of other states or the federal government to establish uniform procedures and practices, including codes, formats and fee schedules to facilitate the interstate exchange of criminal record information.
(k) Upon implementation of a case management system in a circuit or district court, the supreme court shall, on behalf of the district or circuit court, furnish electronically to the division an abstract of the court record within ten (10) days after entry of a judgment of conviction or forfeiture of bail. The abstract shall include:
(i) The name and address of the person charged;
(ii) A citation to the statute of each offense charged;
(iii) The finding or disposition of each offense charged;
(iv) The amount of fine, forfeiture or penalty imposed, if any, or any changes to the amount;
(v) Other information as determined and agreed upon by the office of the attorney general and the supreme court pursuant to rules promulgated by the attorney general and the supreme court.
(m) Nothing in subsection (k) of this section shall preclude a state agency from requesting and obtaining public court records as provided by court rule.
(a) The division may charge the record subject or any other person or noncriminal justice agency qualified to receive criminal history record information, a reasonable application fee of not more than fifteen dollars ($15.00) for processing of fingerprints and other information submitted for a criminal history records check, except:
(i) No fee shall be charged to criminal justice agencies or the department of family services;
(ii) The application fee charged shall be not more than ten dollars ($10.00) if:
(A) The applicant is an organization engaged in providing volunteer services to youth or victims of family violence. Examples of those organizations include big brothers and big sisters and volunteer workers in safe houses for victims of family violence; and
(B) The applicant requests the background investigation be performed solely to determine the suitability of a prospective volunteer to provide volunteer services.
(iii) If national criminal history record information is requested by the submitting party pursuant to W.S. 7-19-201, the application shall include any additional fee required by the federal bureau of investigation in accordance with federal P.L. 92-544.
(b) Criminal justice agencies which fingerprint applicants at the request of noncriminal justice agencies for criminal history record information may charge a reasonable fee of not more than five dollars ($5.00) for fingerprinting. Fees collected under this subsection shall be credited to the state general fund or to the general fund of the appropriate county or municipality.
7-19-109. Inspection; deletion or modification of information.
(a) An individual has the right to inspect all criminal history record information located within this state which refers to him. The record subject may apply to the district court for an order to purge, modify or supplement inaccurate or incomplete information. Notification of each deletion, amendment or supplementary notation shall be promptly disseminated to any person or agency which received a copy of the record in question during the previous twelve (12) month period as well as the person whose record has been altered.
(b) Criminal justice agencies may prescribe reasonable hours and places for inspection of criminal history record information and may impose additional restrictions, including fingerprinting, reasonably necessary to both assure the records' security and to verify the identities of those who seek to inspect the records.
(c) When an application for inspection of criminal history record information is received by a criminal justice agency the agency shall determine whether a record pertaining to the applicant is maintained. If a record is maintained, the agency shall inform the applicant of the existence of the record and inform him of the procedure for examining the record. Upon verification of his identity, the applicant or his authorized representative shall be allowed to examine the record pertaining to him and to receive a true copy.
7-19-201. State or national criminal history record information.
(a) The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:
(i) Employees of substitute care providers certified by the department of family services pursuant to W.S. 14-4-101 through 14-4-116;
(ii) State institution, department of family services or department of health employees who may have access to minors, to persons suffering mental illness or developmental disabilities or to the elderly;
(iii) Applicants for initial certification by the professional teaching standards board and employees initially hired by a school district on or after July 1, 1996, who may have access to minors in the course of their employment. In accordance with W.S. 21-3-111(a)(xxi), employees of a school district who meet the qualifications of this paragraph shall also be required to submit to fingerprinting for purposes of this subsection upon request of, and payment of applicable fees by, the employing school district;
(iv) All persons applying for licensure to the Wyoming Board of Examiners for Optometry on or after July 1, 2005;
(v) Department of health or department of family services contractors providing specialized home care or respite care to minors;
(vi) Persons applying for a permit or license under W.S. 11-25-104(f) or if required under W.S. 11-25-104(k);
(vii) Prospective employees or volunteers of a public fire department, ambulance service, a county providing fire protection services pursuant to W.S. 18-3-509 or fire protection district if the department, service, county or district requires prospective employees or volunteers or both, to submit to fingerprinting in order to obtain state and national criminal history record information as a condition for a position with the department, service, county or district;
(viii) Prospective employees of or volunteers with the Wyoming military department or active duty or Wyoming national guard military members if the department requires state and national criminal history record information as a condition for employment with the department, for training, deployment or mobilization decisions or for security clearance matters;
(ix) Persons applying for a dealer or Wyoming based manufacturer license under W.S. 31-16-103 or a special sales permit under W.S. 31-16-127;
(x) Department of audit employees or applicants for employment who have access to confidential financial or accounting records;
(xi) Persons applying for a permit under W.S. 33-39-109 or a registration under W.S. 33-39-209 or 33-39-211;
(xii) State auditor employees or applicants for employment who have access to confidential financial or accounting records;
(xiii) Persons applying for a new license under W.S. 33-28-106;
(xiv) Wyoming retirement system employees or applicants for employment who have access to confidential financial information or records;
(xv) All persons applying for licensure or certification to the Wyoming board of physical therapy on or after July 1, 2009;
(xvi) Mortgage lenders, mortgage brokers, mortgage loan originators, money transmitters and persons identified in W.S. 40-23-107(b)(i), as necessary to perform the background checks required by W.S. 40-14-604(a)(vii), 40-14-634(p)(i), 40-14-642(c)(i), 40-22-108(e) and (h)(i), 40-23-103(a)(viii) and 40-23-125(c)(i);
(xvii) All persons applying for licensure or certification to the Wyoming board of medicine on or after July 1, 2009, whose application or other information received by the board indicates that the applicant has or may have been convicted of a crime, and any licensee of the board of medicine upon written request from the board of medicine as part of an ongoing investigation of or disciplinary action against the licensee;
(xviii) Employees, prospective employees and volunteers of the Wyoming department of transportation, as necessary to perform the background checks required by W.S. 31-7-103(b) and 31-7-114(f)(iv);
(xix) All persons applying for licensure to the Wyoming board of midwifery whose application or other information received by the board indicates that the applicant has or may have been convicted of a crime, and any licensee of the board of midwifery upon written request from the board of midwifery as part of an ongoing investigation of or disciplinary action against the licensee;
(xx) Persons applying for an initial license under Wyoming statutes title 26, chapter 9;
(xxi) Board members, applicants, vendors and retailers required to receive a background investigation as provided in W.S. 9-17-104(c), 9-17-110(e) and 9-17-120(b) and (c)(i). Fingerprint card submissions under this paragraph shall be forwarded through the division of criminal investigation and the division of criminal investigation shall be responsible for receiving and screening the results of any record check to determine an applicant's suitability for employment or licensing under the provisions specified in this paragraph;
(xxii) Persons conducting skills testing under W.S. 31-7-114(f)(iv);
(xxiii) Employees of the state, state agencies, institutions and political subdivisions of the state, or applicants for employment with any of those entities, whose job duties require access to federal tax information, if the head of the agency, institution or political subdivision, or their designee, determines that federal law governing access to federal tax information requires a criminal history record check of the employee or applicant. The provisions of this paragraph shall also apply to individuals who are contractors or subcontractors providing goods or services to any of the specified entities, if in the performance of the contract the individual has or will have access to federal tax information and the contracting governmental entity determines that federal law requires the criminal history record check;
(xxiv) Department of enterprise technology services employees or applicants for employment who have access to confidential information or records, if required by the state chief information officer as a condition for a position with the department of enterprise technology services;
(xxv) Health care professionals applying for licensure under title 33 of the Wyoming statutes, if required as a condition for licensure pursuant to an interstate compact entered into by the state of Wyoming;
(xxvi) If requested by the department of health, persons specified in W.S. 40-28-103(d) as part of a medical digital innovation sandbox application;
(xxvii) Persons specified in W.S. 40-29-104(d) as part of a financial technology sandbox application;
(xxviii) State treasurer's office employees, interns or applicants for employment who have access to confidential financial, accounting or investment information or records.
(xxix) Persons applying for licensure on or after July 1, 2020 as speech-language pathologists, audiologists or speech-language pathology assistants under Wyoming statutes title 33, chapter 33;
(xxx) All persons applying for licensure or certification to the mental health professions licensing board under title 33, chapter 38 of the Wyoming statutes;
(xxxi) All persons applying for licensure to the board of nursing home administrators under title 33, chapter 22 of the Wyoming statutes.
(xxxii) All persons applying for licensure or certification to the board of psychology under title 33, chapter 27 of the Wyoming statutes.
(xxxiii) All currently licensed occupational therapists and occupational therapist assistants applying for a compact privilege under the Occupational Therapy Licensure Compact as provided in W.S. 33-40-201 through 33-40-216;
(xxxiv) Governor's office employees, interns or applicants for employment who have access to confidential information or records, if required by the governor as a condition for employment or an internship in the governor's office;
(xxxv) Persons applying to be a subject matter expert of the Wyoming stable token commission or the director of the Wyoming stable token commission as required by W.S. 40-31-103(b)(iv) or 40-31-105(c)(vii);
(xxxvi) All persons applying for initial licensure to the board of chiropractic examiners under title 33, chapter 10 of the Wyoming statutes, and any licensee of the board of chiropractic examiners upon written request from the board as part of an ongoing investigation of or disciplinary action against the licensee.
(b) Fingerprints taken pursuant to this article shall be submitted to the Wyoming division of criminal investigation for processing and obtaining state and national criminal history record information and shall be accompanied by the fee required by W.S. 7-19-108. Upon payment of required fees, the division shall process and obtain state and national criminal history record information for the Wyoming state board of nursing and the board of pharmacy or for an applicant for licensure or certification by either board.
(c) Pursuant to federal P.L. 92-544, the division may submit any applicant fingerprint cards received pursuant to this article to the federal bureau of investigation for the purpose of obtaining national criminal history record information.
(d) The department of administration and information shall promulgate rules and regulations necessary to carry out this section.
(e) The Wyoming military department, any public fire department, ambulance service or regional emergency response team may as a condition of employment or other participation with the entity require all applicants for employee or volunteer positions with the entity to submit to fingerprinting in order to obtain state and national criminal history record information. In addition, the department of homeland security may as a condition of participation in a regional emergency response team require all team participants to submit to fingerprinting in order to obtain state and national criminal history record information.
(a) Unless otherwise provided, for the purposes of this act:
(i) Repealed By Laws 2007, Ch. 160, § 2.
(ii) Repealed By Laws 2007, Ch. 160, § 2.
(iii) "Convicted" includes pleas of guilty, nolo contendere, verdicts of guilty upon which a judgment of conviction may be rendered and adjudications as a delinquent for offenses specified in W.S. 7-19-302(j). "Convicted" shall not include dispositions pursuant to W.S. 7-13-301;
(iv) Repealed by Laws 2024, ch. 102, § 2.
(v) "Department" means the state department of corrections;
(vi) "Division" means the Wyoming division of criminal investigation created within the office of the attorney general;
(vii) "Minor" means a person who has not attained the age of eighteen (18) years at the time of the offense;
(viii) "Offender" means a person convicted of a criminal offense specified in W.S. 7-19-302(g) through (j), 6-2-702, 6-2-703, 6-2-705 or 6-2-706. "Offender" shall also include any person convicted:
(A) As an accessory before the fact as provided in W.S. 6-1-201 for a criminal offense specified in W.S. 7-19-302(g) through (j), 6-2-702, 6-2-703, 6-2-705 or 6-2-706;
(B) Of a criminal offense in Wyoming or any other jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances, as a criminal offense specified in W.S. 7-19-302(g) through (j), 6-2-702, 6-2-703, 6-2-705 or 6-2-706.
(ix) "Predatory" means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization;
(x) "Recidivist" means an offender convicted of an offense requiring registration under this act two (2) or more times. Offenses which would have required registration under this act, but which had a sentencing date prior to January 1, 1985, shall be counted as convictions for purposes of this paragraph;
(xi) "Reside" and words of similar import mean the physical address of each residence of an offender, including:
(A) All real property owned by the offender that is used by the offender for the purpose of shelter or other activities of daily living;
(B) Any physical address where the offender habitually visits; and
(C) Temporary residences such as hotels, motels, public or private housing, camping areas, parks, public buildings, streets, roads, highways, restaurants, libraries or other places the offender may frequent and use for shelter or other activities of daily living.
(xii) Repealed By Laws 2007, Ch. 160, § 2.
(xiii) Repealed By Laws 2007, Ch. 160, § 2.
(xiv) Repealed By Laws 2007, Ch. 160, § 2.
(xv) "This act" means W.S. 7-19-301 through 7-19-310;
(xvi) "Attending school" means enrollment on a full or part-time basis at any institution;
(xvii) "Employed" means any full or part-time employment, with or without compensation or other benefit, for a period of more than fourteen (14) days, or for an aggregate period exceeding thirty (30) days in any one (1) calendar year. Institutional contractors and contract employees performing work on an educational institution campus shall be considered institution employees;
(xviii) "Educational institution" or "institution" means any type of public or private educational facility or program, including elementary, middle and high schools, parochial, church and religious schools as defined by W.S. 21-4-101(a)(iv), trade and professional schools, colleges and universities;
(xix) "Residence" means a dwelling place with an established physical address or identifiable physical location intended for human habitation;
(xx) "Report" means providing information in person, or by any other means authorized by the sheriff if the person is required to report to the sheriff;
(xxi) "Working days" shall not include Saturdays, Sundays and legal holidays;
(xxii) "Vehicle" includes any of the following that is registered under Wyoming law:
(A) Aircraft as defined in W.S. 10-1-101(a)(i);
(B) Motor vehicle, commercial vehicle or trailer as defined in W.S. 31-1-101;
(C) Watercraft as defined in W.S. 41-13-101(a)(vii).
(xxiii) Words in the plural form include the singular and words in the singular form include the plural.
7-19-302. Registration of offenders; procedure; verification; fees.
(a) Any offender residing in this state or entering this state for the purpose of residing, attending school or being employed in this state shall register with the sheriff of the county in which he resides, attends school or is employed, or other relevant entity specified in subsection (c) of this section. The offender shall be photographed, fingerprinted and palmprinted by the registering entity or another law enforcement agency and shall provide the following additional information when registering:
(i) Name, including any aliases ever used;
(ii) Address;
(iii) Date and place of birth;
(iv) Social security number;
(v) Place and physical address of employment;
(vi) Date and place of conviction;
(vii) Crime for which convicted;
(viii) The name and physical address of each educational institution in this state at which the person is employed or attending school;
(ix) The license plate number and a description of any vehicle owned or operated by the offender;
(x) A DNA sample. As used in this paragraph, "DNA" means as defined in W.S. 7-19-401(a)(vi);
(xi) The age of each victim;
(xii) Internet identifiers, including each email address and other designations used by the offender for self-identification or routing in internet communications or postings. As used in this paragraph, "internet" means as defined in W.S. 9-2-3219(a)(iii); and
(xiii) Any phone number at which the offender may be reached or which may be used on a frequent basis by the offender to place telephone calls.
(b) In addition to the requirements of subsection (a) of this section, the department, for offenders sentenced to imprisonment, and the sheriff of the county where judgment and sentence is entered for all other offenders, shall obtain the name of the offender, identifying features, anticipated future residence, offense history and documentation of any treatment received, including prescribed psychotropic medication history, for any psychiatric condition of the offender. This information shall be transmitted to the division within three (3) working days of receipt for entry into the central registration system. A person found to be an offender by a court in another state shall provide information required under this subsection at the time of registration under this act.
(c) Offenders required to register under this act shall register with the entities specified in this subsection and within the following time periods:
(i) Offenders who, on or after July 1, 1999, are in custody of the department, local jail or a public or private agency pursuant to a court order, as a result of an offense subjecting them to registration, who are sentenced on or after January 1, 1985, shall register prior to release from custody. The agency with custody of the offender immediately prior to release shall register the offender and perform the duties specified in W.S. 7-19-305. If the offender refuses to register or refuses to provide the required information, the agency shall so notify local law enforcement before releasing the offender;
(ii) Offenders who are convicted of an offense subjecting them to registration under this act but who are not sentenced to a term of confinement shall register immediately after the imposition of the sentence. The sheriff of the county where the judgment and sentence is entered shall register the offender and perform the related duties specified in W.S. 7-19-305 unless the offender does not reside in the county where the judgment and sentence is entered, in which case he shall register in the county in which he resides within three (3) working days;
(iii) Offenders convicted of an offense subjecting them to registration, who, except as provided by paragraph (v) of this subsection, are sentenced on or after January 1, 1985, who reside in or enter this state for the purposes of residing and who are under the jurisdiction of the department or state board of parole or other public agency as a result of that offense shall register within three (3) working days of entering this state. The Wyoming agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to this state. Within three (3) working days after the offender arrives in this state, the Wyoming agency that has jurisdiction over the offender shall notify the county sheriff of the county in which the offender resides of the offender’s presence in the county;
(iv) Offenders convicted of an offense subjecting them to registration, who, except as provided by paragraph (v) of this subsection, are sentenced on or after January 1, 1985, who reside in or enter this state and who are not under the jurisdiction or custody of the department, board of parole or other public agency as a result of that offense shall register within three (3) working days of entering this state if not a current resident;
(v) Offenders convicted of an offense subjecting them to registration, whose registration requirement was added by the 2011 amendments to this act and who are sentenced after July 1, 2001 shall register as required by paragraph (iii) or (iv) of this subsection as appropriate.
(d) A nonresident who is employed or attends school in this state shall register with the county sheriff of the county in which he is employed or attends school within three (3) working days of beginning employment or starting to attend school. A resident or nonresident who is employed, resides or attends school in more than one (1) location in this state, shall register with the county sheriff of each county in which he is employed, resides or attends school within three (3) working days of beginning employment, establishing a residence in this state or starting to attend school. The registration information accepted under this subsection shall be subject to the provisions of W.S. 7-19-303.
(e) If any person required to register under this act changes his residence address within the same county, he shall provide notice of the change of address in person to the sheriff of the county in which he resides within three (3) working days of establishing the new residence. If any person required to register under this act moves to a new county in this state, he shall notify in person the county sheriff in the new county and the county sheriff of the county of his previous residence within three (3) working days of establishing the new residence. If the person changes residence to another state and that state has a registration requirement, the division shall, within three (3) working days of receipt of the information, notify the law enforcement agency with which the person must register in the new state. Any person who has not established a new residence within three (3) working days of leaving his previous residence, or becomes transient through lack of residence, shall report on a weekly basis to the sheriff in the county in which he is registered, until he establishes another residence. The information provided to a sheriff under this subsection shall be transmitted by the sheriff to the division within three (3) working days of receipt for entry into the central registry. The division shall notify the victim, or if the victim is a minor the victim's parent or guardian, within the same time period if the victim, or a minor victim's parent or guardian, has requested in writing that the division provide notification of a change of address of the offender and has provided the division a current address of the victim, parent or guardian as applicable.
(f) An offender who changes residence to another state shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than three (3) working days after establishing residence in the new state.
(g) For an offender convicted of a violation of W.S. 6-2-316(a)(i) and (iv), 6-2-321, 6-2-705, 6-4-303(b)(iv) or 6-4-304(b) if the victim was a minor, 18 U.S.C. §§ 2252B, 2252C, 2424 and 2425, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection or an attempt or conspiracy to commit any of the offenses specified in this subsection, the division shall annually verify the accuracy of the offender's registered address, and the offender shall annually report, in person, his current address to the sheriff in the county in which the offender resides, during the period in which he is required to register. During the annual in-person verification, the sheriff shall photograph the offender. Confirmation of the in-person verification required under this subsection, along with the photograph of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.
(h) For an offender convicted of a violation of W.S. 6-2-304(a)(iii) if the victim was at least fourteen (14) years of age, W.S. 6-2-317(a)(i) and (ii) or 6-2-318, W.S. 6-2-706, W.S. 6-4-102 if the person solicited was a minor, W.S. 6-4-103 if the person enticed or compelled was a minor, W.S. 6-4-302(a)(i) if the offense involves the use of a minor in a sexual performance or W.S. 6-4-303(b)(i) through (iii), 18 U.S.C. § 2251, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection, an attempt or conspiracy to commit any of the offenses specified in this subsection, or any offense enumerated in subsection (g) of this section if the offender was previously convicted of any offense enumerated in subsection (g) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides, every six (6) months after the date of the initial release or commencement of parole. If the offender's appearance has changed substantially, and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subsection, and any new photographs of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.
(j) For an offender convicted of a violation of W.S. 6-2-201 if the victim was a minor, W.S. 6-2-302 or 6-2-303, W.S. 6-2-304(a)(iii) if the victim was under fourteen (14) years of age, W.S. 6-2-314, W.S. 6-2-315, W.S. 6-2-316(a)(ii) and (iii), 6-2-702 or 6-2-703, 6-4-402, 18 U.S.C. § 2245, or an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection, an attempt or conspiracy to commit any of the offenses specified in this subsection, any offense enumerated in subsection (h) of this section if the offender was previously convicted of any offense enumerated in subsection (g) of this section or any offense enumerated in subsection (g) or (h) of this section if the offender was previously convicted of any offense enumerated in subsection (h) of this section, the division shall verify the accuracy of the offender's registered address, and the offender shall report, in person, his current address to the sheriff in the county in which the offender resides every three (3) months after the date of the initial release or commencement of parole. If the offender's appearance has changed substantially, and in any case at least annually, the sheriff shall photograph the offender. Confirmation of the in-person verification required by this subsection, and any new photographs of the offender, shall be transmitted by the sheriff to the division within three (3) working days. Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.
(k) Any person required to register under this act shall provide information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding each change in employment or enrollment status at any educational institution in this state, including any of the information collected pursuant to subsection (a) of this section within three (3) working days of the change to the entity with whom the offender last registered. This information shall be forwarded immediately from the registering entity to the division on a form prescribed by the division, and the division shall then enter the information into the central registry and forward the information to the campus police department or other law enforcement agency with jurisdiction over the educational institution.
(m) Any person required to register under this act shall provide information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding each change of employment and shall disclose all places of employment if there is more than one (1), including any loss of employment, within three (3) working days of the change to the entity with whom the offender last registered. The information shall be forwarded within three (3) working days from the registering entity to the division and the division shall then enter the information into the central registry.
(n) Any person required to register under this act shall provide any new or updated information in person to the sheriff of the county in which he is registered and to any other relevant registering entity specified in subsection (c) of this section regarding any changes, modifications or other information necessary to keep current any of the information specified in this section and W.S. 7-19-303, within three (3) working days of the change to the entity with whom the offender last registered. The information shall be forwarded within three (3) working days from the registering entity to the division and the division shall then enter the information into the central registry.
(o) If the division lacks sufficient information or documentation to identify the offender’s crime for which convicted or equivalent Wyoming offense, it shall register the offender as if he were convicted of an offense listed in subsection (j) of this section. If the division receives additional verifiable information or documentation that demonstrates that the offender was not convicted of an offense specified under subsection (j) of this section or an offense from any other jurisdiction containing the same or similar elements or arising out of the same or similar facts or circumstances, it shall modify the offender’s status.
(p) Any person convicted of any offense enumerated in subsection (g), (h) or (j) of this section who is released from confinement for any reason before being sentenced shall register as described in this section with the county sheriff for each county in which that person resides, is employed or attends school.
(q) Any offender registered pursuant to this act shall notify the county sheriff of each county in which he is registered at least twenty-one (21) days before traveling outside of the United States of America. The notification shall include the name of each country the offender plans to visit, the dates the offender intends to be in each country, the purpose for which the offender is traveling, the offender’s means of travel and the offender’s country of citizenship, passport number and country of issue. Each county sheriff receiving notification of an offender’s intention to travel outside of the United States of America shall forward that information to the division within three (3) working days.
(r) Except as provided in subsection (s) of this section, all offenders required to register or report updated information pursuant to this act shall pay fees established by rules of the division. The division shall establish fees in accordance with the following:
(i) At the time of initial registration, the offender shall pay a state registration fee in an amount not to exceed one hundred twenty dollars ($120.00) and a county registration fee in an amount equal to twenty-five percent (25%) of the state registration fee;
(ii) Each time the offender is required to report updated information pursuant to subsection (e), (f), (k) or (m) of this section, the offender shall pay a state reporting fee in an amount not to exceed twenty-five dollars ($25.00) and a county reporting fee in an amount equal to twenty-five percent (25%) of the state reporting fee;
(iii) The state registration and reporting fees established by the division shall, to the extent practicable, generate a total revenue that approximates, but does not exceed, the direct and indirect costs of administering and enforcing the provisions of this act.
(s) No fee required under subsection (r) of this section shall be charged to:
(i) An offender in custody of the department, a local jail or a public or private agency pursuant to a court order during the period in which the offender is in custody;
(ii) An indigent offender, as provided in rules established by the division. The rules shall establish criteria and procedures for determinations of indigency in accordance with the following:
(A) Standards for indigency shall be similar to the standards used to determine indigency for the purposes of the appointment of counsel;
(B) An offender shall apply for a determination of indigency at the time of registration or reporting updated information by submitting to the division or the sheriff of the county in which the offender is required to register or report, under penalty of perjury, an application and supporting documentation regarding the offender's income, property owned, outstanding obligations, number and ages of the offender's dependents and any other factors relevant to the offender's ability to pay registration and reporting fees. The application and information shall detail the offender's financial status for a period of not less than one (1) year preceding the date of the application;
(C) If an offender is unable to submit a complete application at the time of registration or reporting updated information, the offender may submit an application to the division or the sheriff of the county in which the offender is required to register or report updated information within thirty (30) days of registration or reporting. Failure to submit an application and all required information within thirty (30) days of registration or reporting updated information shall be deemed to be a waiver of the offender's ability to request a determination of indigency and the fees required under subsection (r) of this section shall be payable;
(D) The division shall approve or deny an application for a determination of indigency and provide notice of the determination to the offender within thirty (30) days of receipt of the application;
(E) The division's determination that the offender is indigent shall be valid for a period of one (1) calendar year from the registration or reporting updated information date for which the application was submitted. Upon the expiration of the period, the offender may submit an application for a new determination of indigency;
(F) If the division determines the offender is not indigent, the offender shall pay the fees required under subsection (r) of this section within thirty (30) days from the date the offender receives notice of the denial. An offender may apply for a determination of indigency only once per calendar year, unless the offender can show a material change in circumstances;
(G) The division's determination that an offender is not indigent is an agency action subject to judicial review as provided under W.S. 16-3-114 and 16-3-115.
(t) The sheriff of the county in which the offender is required to register or report updated information shall:
(i) Collect the fees required under subsection (r) of this section;
(ii) Retain the county registration and reporting fees collected to be expended for purposes of administering and enforcing the provisions of this act and to cover the administrative expenses and costs of collecting and remitting the state registration and reporting fees;
(iii) Remit to the division the state registration and reporting fees to be deposited in the sex offender registration account created by W.S. 7-19-310; and
(iv) Forward to the division any applications for a determination of indigency.
(u) If an offender fails to pay the fees required under subsection (r) of this section, the sheriff of the county in which the offender is required to register or report updated information shall provide to the division the registration or reporting information required under this act and notify the division of the offender's failure to pay. Unpaid fees become delinquent thirty (30) days after the date the fee is imposed, the date the offender waives the ability to request a determination of indigency by failing to submit an application or the date the division notifies the offender he does not qualify as indigent, whichever is later. Unpaid fees may be collected by the division as otherwise provided by law and as provided in W.S. 9-1-415(a). Nothing in this subsection shall be construed to prohibit the prosecution of an offender for failure to register or report updated information or for any other offense.
(w) Upon receiving information from an offender under this section, the division shall verify the residential address of the offender to determine whether the offender lives near a child care facility as defined by W.S. 6-2-320(e)(iii) and whether any of the exceptions in W.S. 6-2-320(a)(v) apply. Upon request by an offender, the sheriff or the division shall determine whether an address provided by the offender is within one thousand (1,000) feet of a child care facility as defined by W.S. 6-2-320(e)(iii).
7-19-303. Offenders central registry; dissemination of information.
(a) An entity registering an offender shall forward the information and fingerprints obtained pursuant to W.S. 7-19-302 to the division within three (3) working days. The division shall maintain a central registry of offenders required to register under W.S. 7-19-302 and shall adopt rules necessary to carry out the purposes of W.S. 7-19-302. The division shall immediately enter information received pursuant to this act into the central registry and shall immediately transmit the conviction data, palmprints and fingerprints to the federal bureau of investigation and national sex offender registry.
(b) The information collected under this act shall be confidential, except for that information collected in accordance with paragraph (c)(iii) of this section which information shall be a matter of public record.
(i) Repealed By Laws 2007, Ch. 160, § 2.
(ii) Repealed By Laws 2007, Ch. 160, § 2.
(c) The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. In addition, the following shall apply:
(i) Repealed By Laws 2007, Ch. 160, § 2.
(ii) If the offender was convicted of an offense specified in W.S. 7-19-302(h) or (j), notification shall be provided by mail, personally or by any other means reasonably calculated to ensure delivery of the notice to residential neighbors within at least seven hundred fifty (750) feet of the offender's residence, organizations in the community, including schools, religious and youth organizations by the sheriff or his designee. The division shall provide notice to each child care facility as defined by W.S. 6-2-320(e)(iii) within at least one thousand (1,000) feet of the offender's residence. In addition, notification regarding an offender employed by or attending school at any educational institution shall be provided upon request by the educational institution to a member of the institution's campus community as defined by subsection (h) of this section;
(iii) Notification of registration under this act shall be provided to the public through a public registry, as well as to the persons and entities required by paragraph (ii) of this subsection. The division shall make the public registry available to the public, with the exception of internet identifiers, telephone numbers and adjudications as delinquent unless disclosure is authorized pursuant to W.S. 7-19-309, through electronic internet technology and shall include:
(A) The offender's name, including any aliases;
(B) Physical address;
(C) Date and place of birth;
(D) Date and place of conviction;
(E) Crime for which convicted;
(F) Photograph;
(G) Physical characteristics including race, sex, height, weight, eye and hair color;
(H) History of all criminal convictions subjecting an offender to the registration requirements of this act;
(J) The license plate or registration number and a description of any vehicle owned or operated by the offender; and
(K) The physical address of any employer that employs the offender; and
(M) The physical address of each educational institution in this state at which the person is attending school.
(iv) The division shall adopt rules necessary to provide for the maintenance and dissemination of the information contained in the central registry of offenders.
(d) Repealed By Laws 2007, Ch. 160, § 2.
(e) Repealed By Laws 2007, Ch. 160, § 2.
(f) The identity of the victim of an offense that requires registration under this act shall not be released to the public unless the victim has authorized the release of the information, provided:
(i) Nothing in this subsection shall bar the disclosure of information concerning the characteristics of the victim and the nature and circumstances of the offense so long as the victim is not identified;
(ii) Nothing in this subsection shall bar the disclosure of victim identity information contained as part of the criminal history record information disclosed to persons authorized to receive such information under W.S. 7-19-106; and
(iii) This subsection does not apply to victim identity information contained in public records which exist independently of this act.
(g) Any person who, by virtue of employment or official position has possession of, or access to, registration information furnished pursuant to this act or victim identifying information, and willfully discloses it in any manner to any person or agency not entitled to receive the information is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(h) An educational institution in this state shall instruct members of its campus community, by direct advisement, publication or other means, that a member can obtain information regarding offenders employed by or attending school at the institution by contacting the campus police department or other law enforcement agency with jurisdiction over the institution. For the purposes of this subsection, "member of the campus community" means a person employed by or attending school at the educational institution at which the offender is employed or attending school, or a person's parent or guardian if the person is a minor.
(j) The attorney general shall maintain a public record of the number of registered offenders in each county.
(k) The legislature directs the division to facilitate access to the information on the public registry available through electronic internet technology without the need to consider or assess the specific risk of reoffense with respect to any individual prior to his inclusion within the registry, and the division shall place a disclaimer on the division's internet website indicating that:
(i) No determination has been made that any individual included in the registry is currently dangerous;
(ii) Individuals included within the registry are included solely by virtue of their conviction record and state law; and
(iii) The main purpose of providing the information on the internet is to make the information more easily available and accessible, not to warn about any specific individual.
(a) The duty to register under W.S. 7-19-302 shall begin on the date of sentencing and continue for the duration of the offender's life, subject to the following:
(i) An offender specified in W.S. 7-19-302(g) or adjudicated as a delinquent for offenses specified in W.S. 7-19-302(j), who has been registered for at least ten (10) years, exclusive of periods of confinement and periods in which the offender was not registered as required by law, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register if the offender has maintained a clean record as provided in subsection (d) of this section. Upon a showing that the offender has maintained a clean record as provided in subsection
(d) of this section for ten (10) years, the district court may order the offender relieved of the duty to continue registration;
(ii) An offender specified in W.S. 7-19-302(h) who has been registered for at least twenty-five (25) years, exclusive of periods of confinement and periods in which the offender was not registered as required by law, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register if the offender has maintained a clean record as provided in subsection (d) of this section. Upon a showing that the offender has maintained a clean record as provided in subsection
(d) of this section for twenty-five (25) years, the district court may order the offender relieved of the duty to continue registration; and
(A) Repealed By Laws 1999, ch. 203, § 3.
(B) Repealed By Laws 1999, ch. 203, § 3.
(iii) A petition filed under this subsection shall be served on the prosecuting attorney for the county in which the petition is filed. The court shall not grant a petition that was not served on the prosecuting attorney. The prosecuting attorney may file a responsive pleading within thirty (30) days after service of the petition.
(b) Repealed By Laws 1999, ch. 203, § 3.
(c) Nothing in W.S. 7-13-302 shall be construed as operating to relieve the offender of his duty to register pursuant to W.S. 7-19-302.
(d) An offender seeking a reduction in his registration period as provided in paragraph (a)(i) or (ii) of this section shall demonstrate to the court that he has maintained a clean record by:
(i) Having no conviction of any offense for which imprisonment for more than one (1) year may be imposed;
(ii) Having no conviction of any sex offense;
(iii) Successfully completing any periods of supervised release, probation and parole; and
(iv) Successfully completing any sex offender treatment previously ordered by the trial court or by his probation or parole agent.
7-19-305. Registration; duties of registering entities; notice to persons required to register.
(a) The entity required to register an offender under W.S. 7-19-302(c) shall provide written notification to the offender of the requirements of this act and shall receive and retain a signed acknowledgment of receipt. The entity shall forward all registration information to the division within three (3) working days after registering the offender. When registering an offender the registering entity shall:
(i) Obtain the information required for the registration by W.S. 7-19-302;
(ii) Inform the offender that if he changes residence address he shall give the new address to the sheriff in person within three (3) working days, or if he becomes transient through lack of residence, he shall report on a weekly basis to the sheriff in the county in which he is registered until he establishes another residence;
(iii) Inform the offender that if he changes residence to another state, he shall register the new address with the law enforcement agency with whom he last registered and shall also register with the designated law enforcement agency in the new state not later than three (3) working days after establishing residence in the new state;
(iv) Obtain, or arrange for another law enforcement agency to provide, fingerprints, DNA sample and a photograph of the offender if these have not already been obtained in connection with the offense that triggers the registration requirement;
(v) Inform the offender that if he is employed or attends school in another state while continuing residence in this state he must register with the other state as a nonresident worker or nonresident student;
(vi) Inform the offender that in addition to any other registration requirements of this act, if the offender becomes employed by or attends school at any educational institution in this state, or if his status of employment or enrollment at any educational institution in this state as reported during his last registration changes in any manner, he shall register the change within three (3) working days of the change with the entity with whom he last registered.
(b) The department or other agency assuming jurisdiction shall provide written notification to an offender convicted in another state of the registration requirements of W.S. 7-19-302 at the time the department or agency accepts supervision and has legal authority of the individual under the terms and conditions of the interstate compact agreement under W.S. 7-3-401.
(a) Failure to register, update any registration information or pay any fee required under subsection (r) of this section within the time required under W.S. 7-19-302 constitutes a per se violation of this act and is punishable as provided in this section. The division shall notify the appropriate authorities when it discovers that an offender fails to register, update any registration information or pay any fee required under subsection (r) of this section within the time required under W.S. 7-19-302 or when an offender absconds.
(b) An arrest on charges of failure to register, service of an information or complaint for a violation of this act, or arraignment on charges for a violation of this act, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this act who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service or arraignment. Failure to register as required under this subsection constitutes grounds for filing another charge of failing to register. Registering following arrest, service or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(c) A person who knowingly fails to register as required by W.S. 7-19-302 is guilty of a felony punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for not more than five (5) years, or both.
(d) A person convicted of a subsequent violation of knowingly failing to register as required by W.S. 7-19-302 is guilty of a felony punishable by a fine of one thousand dollars ($1,000.00), imprisonment for not more than ten (10) years, or both.
(e) A person who willfully fails to pay fees required under W.S. 7-19-302 is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not more than six (6) months, or both.
7-19-308. Harboring a sex offender; penalties; exceptions.
(a) A person is guilty of the crime of harboring, assisting, concealing, or withholding information about, a sex offender, if the person has knowledge that a sex offender is required to register under W.S. 7-19-302 and the person:
(i) Assists the sex offender in eluding a law enforcement agency that is seeking to question the sex offender about, or to arrest the sex offender for, his noncompliance with the requirements of W.S. 7-19-302 or any other law prohibiting a sexual offense, child abuse or kidnapping;
(ii) Withholds information, including but not limited to the location of the sex offender, from, or fails to notify, the law enforcement agency about the sex offender's noncompliance with the requirements of W.S. 7-19-302 or any other law prohibiting a sexual offense, child abuse or kidnapping and commits an affirmative act in furtherance of paragraph (a)(i), (iii) or (iv) of this section;
(iii) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sex offender;
(iv) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sex offender; or
(v) Provides information to the law enforcement agency regarding the sex offender which the person knows to be false.
(b) Subsection (a) of this section shall not apply if the sex offender is incarcerated in a local, state or federal detention or correctional facility, or is in the custody of a law enforcement agency.
(c) A violation of subsection (a) of this section shall be a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
7-19-309. Juvenile sex offenders; risk assessment; factors; reporting requirements.
(a) A minor offender convicted or adjudicated as a delinquent as specified in W.S. 7-19-301(a)(iii), shall be subject to this section.
(b) The division shall provide notification of registration under this section, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. Upon receipt of notification, the district attorney shall file an application for hearing under this subsection if, based upon a review of the risk of reoffense factors specified in subsection (c) of this section, the review indicates that public safety requires that notification be provided to persons in addition to those authorized to receive criminal history record information under W.S. 7-19-106. Upon application of the district attorney and following notice to the offender and an in-camera hearing, the district or juvenile court shall, based upon its finding as to the risk of reoffense by the offender, authorize the division, county sheriff, police chief or their designee to release information regarding the offender as follows:
(i) If the risk of reoffense is low, notification shall be in accordance with the requirements of W.S. 7-19-106 to persons authorized to receive criminal history record information under W.S. 7-19-106;
(ii) If the risk of reoffense is moderate or high, notification shall be provided to residential neighbors within seven hundred fifty (750) feet of the offender's residence, organizations in the community including schools, religious and youth organizations and to the persons authorized under paragraph (i) of this subsection, through means specified in the court's order.
(c) In determining an offender's risk of reoffense under subsection (b) of this section, the court shall consider:
(i) Conditions of release that minimize risk of reoffense, including whether the offender is under supervision through a program provided in title 14 or a juvenile service program, on probation or parole, receiving counseling, therapy or treatment or residing in a home situation that provides guidance and supervision;
(ii) Physical conditions that minimize the risk of reoffense;
(iii) Criminal history factors indicative of high risk of reoffense, including:
(A) Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;
(B) The age of the victim of the sexual offense;
(C) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(D) The offender's response to treatment;
(E) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence;
(F) Recent threats against any person or expressions of intent to commit additional crimes;
(G) Other criminal history factors, including:
(I) The relationship between the offender and the victim;
(II) The number, date and nature of any prior offenses or acts resulting in an adjudication of delinquency; and
(H) Any other factors the court deems necessary and relevant.
(d) To the extent any other provision of law conflicts with the disclosure requirements of this section, the provisions of this section shall govern.
7-19-310. Sex offender registration account; purposes.
There is created the sex offender registration account to be administered by the division. Any state registration or reporting fees collected pursuant to W.S. 7-19-302 shall be deposited into the account. Funds in the account shall be expended only upon appropriation by the legislature and shall not be transferred or expended for any purpose other than administering and enforcing the provisions of this act. Interest accruing to the account shall be retained in the account and shall be expended for the purposes provided in this section.
(a) For purposes of this act:
(i) "CODIS" means the FBI's national DNA identification index system;
(ii) "Convicted" includes pleas of guilty, nolo contendere and verdicts of guilty upon which a judgment of conviction may be rendered. "Convicted" shall not include dispositions pursuant to W.S. 7-13-301 or 35-7-1037;
(iii) "Criminal justice agency" means any agency or institution of state or local government, other than the office of the public defender, which performs as part of its principal function, activities relating to:
(A) The apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders; or
(B) The collection, maintenance, storage, dissemination or use of criminal history record information.
(iv) "Department" means the Wyoming department of corrections;
(v) "Division" means the division of criminal investigation within the office of the Wyoming attorney general;
(vi) "DNA" means deoxyribonucleic acid located in the cells;
(vii) "DNA record" means DNA identification information stored in the state DNA database or CODIS for the purposes of generating investigative leads or supporting statistical interpretation of DNA test results. The objective form of DNA analysis test including numerical representation of DNA fragment lengths, the digital image of autoradiographs and discrete allele assignment numbers of a DNA sample, together with the identity of the submitting agency shall be stored as a DNA record in the state DNA database;
(viii) "DNA sample" means a human tissue sample containing DNA which may include, but is not limited to, blood, hair and buccal cells;
(ix) "FBI" means the federal bureau of investigation;
(x) "In custody" means imprisoned in the Wyoming state penitentiary, state penitentiary farms and camps or Wyoming women's center, committed to the Wyoming boys' school pursuant to W.S. 7-13-101, or on probation or parole;
(xi) "State DNA database" means the DNA identification record system established under this act;
(xii) "Sexual assault biological evidence" includes DNA samples and evidence gathered during an examination conducted under W.S. 6-2-309;
(xiii) "This act" means W.S. 7-19-401 through 7-19-407.
7-19-402. DNA database created; uses of information restricted.
(a) The division shall establish a state DNA database for convicted felons, crime scene specimens and close biological relatives of missing persons in accordance with the provisions of this act. The state DNA database shall be used to assist federal, state and local criminal justice agencies in the putative identification, detection or exclusion of individuals who are subjects of a prosecution of a crime involving biological evidence from the crime scene. The database may also be used:
(i) To support development of a population statistics database, when personal identifying information is removed;
(ii) To support identification research and protocol development of forensic DNA analysis methods;
(iii) For quality control purposes; and
(iv) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of living missing persons.
(b) DNA samples collected and stored for the state DNA database shall not be used or disseminated for purposes other than those specified in this act.
(c) The state DNA database, including test procedures, laboratory equipment, supplies and computer software shall be compatible with that utilized by the FBI. Local criminal justice agencies that establish or operate a DNA identification record system shall ensure that such system is compatible with the state DNA database and that the local system is equipped to receive and answer inquiries from the state DNA database and transmit DNA records to the state DNA database. Procedures and rules for the collection, analysis, storage, expungement and use of DNA identification data shall be uniform throughout the state DNA database.
7-19-403. DNA samples required; collection; testing; reimbursement of costs.
(a) Every person convicted of a felony on or after July 1, 1997, and every person who on or after July 1, 1997, is in custody in this state as a result of a felony conviction shall provide a DNA sample for analysis to determine identification characteristics specific to the person. The DNA record resulting from the DNA analysis shall be stored and maintained by the division in the state DNA database.
(b) DNA samples shall be collected in a medically approved manner by a physician, registered nurse, qualified clinical or laboratory technician or other person qualified by training and experience. Persons authorized to draw or collect DNA samples under this section shall not be civilly liable for such acts when acting in a reasonable manner according to generally accepted medical practices. DNA samples required under this section for persons in custody on or after July 1, 1997, shall be provided prior to release from custody. DNA samples required under this section for persons convicted on or after July 1, 1997, and not sentenced to imprisonment shall be provided as a condition of the sentence immediately after sentencing. The division shall promulgate rules and regulations governing the policies and procedures for the collection of DNA samples and transfer of DNA samples to the division. Criminal justice agencies having custody of a person required to provide a DNA sample under this section shall comply with rules and regulations of the division relating to the collection of DNA samples and transfer of such DNA samples for analysis.
(c) DNA samples collected under this section shall be transmitted to the division for the state DNA database. The division shall perform tests on the DNA samples as necessary to implement the purposes of the state DNA database as specified in W.S. 7-19-402(a). The division may contract for services to perform DNA typing under this subsection. The division shall ensure that:
(i) Any contractor conducts forensic DNA analysis in accordance with national standards for DNA quality assurance and proficiency testing issued pursuant to the Federal DNA Identification Act of 1994; and
(ii) Typing results meet acceptance criteria established by the FBI for inclusion of DNA records in CODIS.
(d) The division shall reimburse any Wyoming city, town, county or agency required to collect DNA samples under this act for the cost of collecting the sample. The procedure for reimbursement shall be in accordance with rules adopted by the division.
7-19-404. Access to database; information authorized to be stored.
(a) The division shall authorize access to or disclose DNA records and DNA samples collected in the state DNA database only in the following circumstances:
(i) To criminal justice agencies for law enforcement identification purposes;
(ii) For criminal defense purposes, to a defendant who shall have access to samples and analyses performed in connection with the case in which such defendant is charged;
(iii) For a population statistics database, identification research and protocol development or quality control purpose, and then only if personal identifying information is removed; and
(iv) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of living missing persons.
(b) Access to the state DNA database shall be limited to duly constituted federal, state and local criminal justice agencies through their servicing forensic DNA laboratories. The division shall allow access to defendants for criminal defense purposes as defined in paragraph (a)(ii) of this section upon court order. The division shall adopt rules and procedures to ensure the state DNA database is protected against unauthorized access to the system or files containing DNA related information.
(c) Only DNA records which directly relate to the identification characteristics of individuals shall be collected and stored in the state DNA database. The information contained in the state DNA database shall not be collected or stored for the purpose of obtaining information about physical characteristics, traits or predisposition for disease and shall not serve any purpose other than those stated in W.S. 7-19-402(a). The submitting agency may maintain control of the DNA records it develops.
(d) Any person who, by virtue of employment or official position, has possession of or access to, a DNA record and willfully discloses it in any manner to any person or agency not entitled to receive the record is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Any person who, without authorization, willfully obtains or attempts to obtain any DNA record, or tampers with or attempts to tamper with any DNA sample, is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(a) Any person whose DNA profile has been included in the state DNA database pursuant to this act may request expungement on the grounds the felony conviction on which the authority for including the DNA profile was based has been reversed and dismissed. The division shall expunge all identifiable information and DNA records in the state DNA database relating to the subject conviction from the person upon receipt of:
(i) A written request for expungement pursuant to this section; and
(ii) A certified copy of the court order reversing and dismissing the conviction or providing for expungement.
Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where a person refuses to submit to DNA testing as required under this act, and no such employee shall be criminally or civilly liable for the use of such reasonable force. If a person required to provide a DNA sample under this act refuses to do so, the criminal justice agency having custody of the person may apply to the district court for an order requiring the person to provide the sample in conformity with the provisions of this act. Refusal to provide the sample shall be punishable as contempt of the court.
7-19-407. Sexual assault biological evidence reports.
(a) Beginning January 1, 2020, each criminal justice agency shall report to the division all investigations in which sexual assault biological evidence is gathered. The report shall include the type of crime involved, whether the evidence was submitted to a laboratory for analysis, the name of the lab, whether lab analysis has been completed, and if not submitted, the reasons for nonsubmission and any other information required by the division. Reports shall not include the names of any of the persons involved in an incident or any information which would serve to identify any individual person.
(b) At least annually, the division shall compile a statistical report that shall include the information received pursuant to subsection (a) of this section. Copies of the statistical report shall be published in the "Uniform Crime Reporting, Crime in Wyoming" publication and shall be made available to the public upon request.