Law

Title 7 Criminal Procedure

Wyoming · 7 · statute

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Contents: 511 provisions
  1. 7-1-101. Payment of costs accruing from change of venue.
  2. 7-1-102. Record of information for ascertaining condition of crime in state.
  3. 7-1-103. Payment of costs in misdemeanor cases.
  4. 7-1-104. Custody of convict charged with offense committed while in state penal institution.
  5. 7-1-105. Representation of minor pleading guilty.
  6. 7-1-106. Prosecution of crimes.
  7. 7-1-107. Detention of juvenile offenders.
  8. 7-1-108. Incarceration of juvenile offenders.
  9. 7-1-109. Examination for sexually transmitted diseases
  10. 7-2-101. Definitions.
  11. 7-2-102. Preconditions for arrests.
  12. 7-2-103. Issuance of citations.
  13. 7-2-104. Authority to seize deadly weapons; disposition.
  14. 7-2-105. Disposition and appraisal of property seized or held; notice and order to show cause; judgment.
  15. 7-2-106. Extraterritorial authority of peace officers;
  16. 7-2-107. Arrest or detention of persons with diplomatic immunities.
  17. 7-2-108. Repealed By Laws 2007, Ch. 91, § 3.
  18. 7-2-109. Reporting of missing persons; report acceptance; duties and responsibilities.
  19. 7-3-101. Legislative findings.
  20. 7-3-102. Appointment of attorney general to represent state on joint commissions.
  21. 7-3-103. Purpose and objects; required ratification.
  22. 7-3-104. Legal, clerical and stenographic assistance.
  23. 7-3-105. Commencement of commissioner's duties.
  24. 7-3-106. Investigations.
  25. 7-3-107. Compensation of commissioner.
  26. 7-3-201. Definitions.
  27. 7-3-202. Duty of governor to have fugitives arrested and delivered up to proper authorities.
  28. 7-3-203. General requirements as to demand by another state.
  29. 7-3-204. Investigation of demand.
  30. 7-3-205. Contents of demand.
  31. 7-3-206. Surrender of accused when not present in demanding state at time of crime.
  32. 7-3-207. Issuance of governor's warrant for arrest; contents.
  33. 7-3-208. Effect of warrant.
  34. 7-3-209. Authority of person making arrest to command assistance.
  35. 7-3-210. Right of accused to counsel; opportunity to apply for writ of habeas corpus; notice of writ and hearing.
  36. 7-3-211. Penalty for surrendering accused without hearing.
  37. 7-3-212. Confinement in jail for safekeeping; expenses.
  38. 7-3-213. Issuance of warrant for arrest by judge or magistrate.
  39. 7-3-214. Authority to arrest person without warrant.
  40. 7-3-215. Examination of person arrested without warrant; commitment pending demand.
  41. 7-3-216. Right of person arrested without warrant to bail.
  42. 7-3-217. Failure of state to demand person arrested without warrant within time specified.
  43. 7-3-218. Failure of prisoner admitted to bail to appear.
  44. 7-3-219. Procedure where criminal prosecution pending against accused in state.
  45. 7-3-220. Inquiry into guilt or innocence of accused.
  46. 7-3-221. Recall of, or issuance of new, warrant.
  47. 7-3-222. Demand that accused be returned to this state; issuance of warrant.
  48. 7-3-223. Application for return of accused to this state.
  49. 7-3-224. Payment of expenses for return of accused to this state.
  50. 7-3-225. Service of civil process on person brought into state.
  51. 7-3-226. Charging of person brought into state with other crimes.
  52. 7-3-227. Construction of provisions.
  53. 7-3-302. Repealed By Laws 2007, Ch. 89, § 1.
  54. 7-3-303. Repealed By Laws 2007, Ch. 89, § 1.
  55. 7-3-401. Western Interstate Corrections Compact.
  56. 7-3-402. Authority to commit or transfer inmates.
  57. 7-3-403. Enforcement of compact.
  58. 7-3-404. Hearings.
  59. 7-3-405. Authority to enter into contracts; force and effect.
  60. 7-3-406. Construction and severability of provisions.
  61. 7-3-501. Filing of complaint; issuance of warrant or summons.
  62. 7-3-502. Examination of party complained against; recognizance to keep peace.
  63. 7-3-503. Compliance with recognizance order; failure to give recognizance.
  64. 7-3-504. Judgment against complainant; defects in complaint.
  65. 7-3-505. Filing of recognizance; forfeiture.
  66. 7-3-506. Definitions.
  67. 7-3-507. Petition for order of protection; contents;
  68. 7-3-508. Temporary order of protection; setting hearing.
  69. 7-3-509. Order of protection; contents; remedies; order not to affect title to property.
  70. 7-3-510. Service of order; duration and extension of
  71. 7-3-511. Emergency assistance by law enforcement officers; limited liability.
  72. 7-3-512. Confidentiality in court proceedings.
  73. 7-3-601. Repealed By Laws 2001, Ch. 140, § 2.
  74. 7-3-602. Repealed By Laws 2001, Ch. 140, § 2.
  75. 7-3-603. Repealed By Laws 2001, Ch. 140, § 2.
  76. 7-3-604. Repealed By Laws 2001, Ch. 140, § 2.
  77. 7-3-605. Repealed By Laws 2001, Ch. 140, § 2.
  78. 7-3-606. Repealed By Laws 2001, Ch. 140, § 2.
  79. 7-3-607. Repealed By Laws 2001, Ch. 140, § 2.
  80. 7-3-608. Repealed By Laws 2001, Ch. 140, § 2.
  81. 7-3-609. Repealed By Laws 2001, Ch. 140, § 2.
  82. 7-3-610. Repealed By Laws 2001, Ch. 140, § 2.
  83. 7-3-611. Repealed By Laws 2001, Ch. 140, § 2.
  84. 7-3-701. Definitions.
  85. 7-3-702. Prohibition against interception or disclosure of
  86. 7-3-703. Prohibition against manufacture and possession of
  87. 7-3-704. Seizure and forfeiture of wire or oral communication intercepting devices.
  88. 7-3-705. Authorization for interception of wire, oral or electronic communications.
  89. 7-3-706. Authorization for disclosure and use of intercepted communications.
  90. 7-3-707. Procedure for interception of wire, oral or electronic communications.
  91. 7-3-708. Order directing others to furnish assistance.
  92. 7-3-709. Information furnished to attorney general by executing agency; report to legislature.
  93. 7-3-710. Recovery of civil damages for violations; good faith defense.
  94. 7-3-711. Exclusivity of provisions.
  95. 7-3-712. Reports by attorney general and state courts.
  96. 7-3-801. Definitions.
  97. 7-3-802. General prohibition on pen register and trap and trace device use; exception.
  98. 7-3-803. Application for an order for a pen register or a trap and trace device.
  99. 7-3-804. Issuance of an order for a pen register or a trap and trace device.
  100. 7-3-805. Assistance in installation and use of a pen register or a trap and trace device.
  101. 7-3-806. Reports concerning pen registers and trap and trace devices.
  102. 7-3-901. Short title.
  103. 7-3-902. Definitions.
  104. 7-3-903. Authorization to enter agreement; general content; authority of law enforcement employee.
  105. 7-3-904. Detailed content of agreement.
  106. 7-3-905. Right of state in actions involving agreements.
  107. 7-3-906. Agreement not to relieve agency of duties.
  108. 7-3-907. Limitation of powers.
  109. 7-3-908. Submission of agreement to attorney general.
  110. 7-3-909. Filing of agreement.
  111. 7-3-910. Immunity.
  112. 7-4-101. Election; oath; bond.
  113. 7-4-102. Deputy coroners.
  114. 7-4-103. Certification requirements; penalty; expenses.
  115. 7-4-104. Definitions.
  116. 7-4-105. Confidentiality of reports, photos and recordings; exceptions; penalties.
  117. 7-4-106. Archaeological human burial sites.
  118. 7-4-201. Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records.
  119. 7-4-202. Impaneling of bystanders as jurors; oath.
  120. 7-4-203. Issuance of subpoenas; witness fees; enforcement of attendance.
  121. 7-4-204. Oath of witness; recording of testimony; compensation of reporter.
  122. 7-4-205. Return of inquisition by jury.
  123. 7-4-206. Coroner's return to court.
  124. 7-4-207. Disposition of body and effects of deceased.
  125. 7-4-208. Authority of sheriff to perform duties of coroner.
  126. 7-4-209. Postmortem examination; liability limitation.
  127. 7-4-210. Fees and mileage; salary.
  128. 7-4-211. Board of coroner standards.
  129. 7-5-101. Required court order for summoning.
  130. 7-5-102. Manner of summoning; term.
  131. 7-5-103. Composition; qualifications; alternates.
  132. 7-5-104. Finding of indictment.
  133. 7-5-201. Appointment of foreman; oath of jurors.
  134. 7-5-202. Charging of duties; powers.
  135. 7-5-203. Right of district attorney to appear before jury; presence of other persons during deliberations.
  136. 7-5-204. Process for witnesses.
  137. 7-5-205. Administration of oath or affirmation to witnesses.
  138. 7-5-206. Proceedings upon refusal of witness to testify.
  139. 7-5-207. Secrecy of indictments against persons not under control.
  140. 7-5-208. Confidentiality.
  141. 7-5-209. Presentation and filing of indictment.
  142. 7-5-301. Petition for impaneling; determination by district judge.
  143. 7-5-302. Powers and duties; applicable law; procedural rules.
  144. 7-5-303. Selection and term of members.
  145. 7-5-304. Summoning of jurors.
  146. 7-5-305. Judicial supervision.
  147. 7-5-306. Presentation of evidence.
  148. 7-5-307. Return of indictment; designation of venue; consolidation of indictments.
  149. 7-5-308. Investigative powers; secrecy of proceedings.
  150. 7-5-309. Costs and expenses.
  151. 7-6-101. Short title.
  152. 7-6-102. Definitions.
  153. 7-6-103. Creation of office of state public defender;
  154. 7-6-104. Representation of needy persons.
  155. 7-6-105. Advisement of rights; appointment of attorney.
  156. 7-6-106. Determination of need; reimbursement for services.
  157. 7-6-107. Waiver of rights.
  158. 7-6-108. Recovery of payment.
  159. 7-6-109. Appointment of outside attorney.
  160. 7-6-110. Use of state or private facilities.
  161. 7-6-111. Office space.
  162. 7-6-112. Applicability of provisions.
  163. 7-6-113. Funding.
  164. 7-6-114. Other legal protections or sanctions.
  165. 7-7-101. Authority to issue; grounds.
  166. 7-7-102. Procedures governed by rules.
  167. 7-7-103. Disposition of property.
  168. 7-7-104. Authority of officer to break open building in execution of warrant.
  169. 7-7-105. Applicability of more specific provisions.
  170. 7-8-101. Arrest by private person.
  171. 7-8-102. Issuance and execution of warrant or summons on indictment; procedures governed by rules.
  172. 7-8-103. Issuance and execution of warrant or summons on information or complaint; procedures governed by rules.
  173. 7-8-104. Authority of officer to break open building in execution of warrant.
  174. 7-8-105. Right to preliminary hearing.
  175. 7-8-106. Renumbered as 7-1-109 by Laws 1993, ch. 173, § 1.
  176. 7-9-101. Definitions.
  177. 7-9-102. Order to pay upon conviction.
  178. 7-9-103. Determination of amount owed; execution.
  179. 7-9-104. Preparation of plan; contents.
  180. 7-9-105. Submission of plan to court; approval or modification.
  181. 7-9-106. Factors considered by probation and parole officer, and by court.
  182. 7-9-107. Notice to victims.
  183. 7-9-108. Compliance with plan as condition of probation or suspension; payments to clerk.
  184. 7-9-109. Failure to comply; modification or extension of plan.
  185. 7-9-110. Civil action.
  186. 7-9-111. Limitations on duty of prosecutor; victim's remedy.
  187. 7-9-112. Check fraud.
  188. 7-9-113. Restitution for long-term care.
  189. 7-9-114. Determination of long-term restitution; time for order; enforcement.
  190. 7-9-115. Modification of order.
  191. 7-10-101. Right of defendant.
  192. 7-10-102. Matters governed by rules.
  193. 7-10-103. Continuation for defendant bound over to district court.
  194. 7-10-104. Authorized judicial officers.
  195. 7-10-105. Disposition of forfeited proceeds.
  196. 7-10-106. Technical defects.
  197. 7-11-101. Impaneling in criminal cases.
  198. 7-11-102. Trial of accused.
  199. 7-11-103. Peremptory challenges.
  200. 7-11-104. Trial of challenges for cause.
  201. 7-11-105. General grounds for challenging jurors.
  202. 7-11-106. Opinion formed from news reports or rumors.
  203. 7-11-107. Oath or affirmation.
  204. 7-11-201. Order of proceedings.
  205. 7-11-202. Presence of defendant.
  206. 7-11-203. Dismissal for unnecessary delay.
  207. 7-11-204. Applicability of civil procedure provisions and rules.
  208. 7-11-205. Discharge of jury before verdict without prejudice.
  209. 7-11-206. Separation of jury.
  210. 7-11-301. Definitions.
  211. 7-11-302. Trial or punishment of person lacking mental capacity.
  212. 7-11-303. Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections.
  213. 7-11-304. Responsibility for criminal conduct; plea; examination; commitment; use of statements by defendant.
  214. 7-11-305. Pleas of not guilty and not guilty by reason of
  215. 7-11-306. Disposition of persons found not guilty by
  216. 7-11-307. Treatment of defendant committed to state hospital.
  217. 7-11-308. Duties of the department of health as to designated facilities other than the state hospital.
  218. 7-11-401. Testimony of defendant.
  219. 7-11-402. Subpoena of witnesses for indigent defendants.
  220. 7-11-403. Applicability of rules and civil procedure provisions.
  221. 7-11-404. Summoning of person within this state to appear as witness in another state.
  222. 7-11-405. Summoning of person in another state to appear as witness in this state.
  223. 7-11-406. Exemption of out-of-state witness from arrest or service of process.
  224. 7-11-407. Procedures for taking depositions.
  225. 7-11-408. Videotape depositions.
  226. 7-11-409. Testimony from child witnesses; accommodations.
  227. 7-11-501. Return of verdict; poll of jury.
  228. 7-11-502. Conviction of necessary included offense or attempt.
  229. 7-11-503. Execution of jail sentence.
  230. 7-11-504. Commitment until fine and costs paid.
  231. 7-11-505. Payment of costs of prosecution.
  232. 7-11-506. Trial transcript for indigent prisoner upon appeal.
  233. 7-11-507. Advisement of loss of firearms rights upon conviction.
  234. 7-12-101. Manner of appeal.
  235. 7-12-102. Right of district attorney to take exceptions; certification; rules.
  236. 7-12-103. Filing of bill by attorney general in supreme court.
  237. 7-12-104. Decision of supreme court upon bill.
  238. 7-12-201. Disposition of defendant.
  239. 7-12-301. Repealed by Laws 1988, ch. 46, § 2.
  240. 7-12-302. Short title.
  241. 7-12-303. New trial; motion for post-conviction testing of
  242. 7-12-304. Service of process; response by the state; preservation of evidence.
  243. 7-12-305. Review by the court; hearing on motion, findings; order.
  244. 7-12-306. Designation of testing laboratory.
  245. 7-12-307. Discovery.
  246. 7-12-308. Right to counsel.
  247. 7-12-309. Costs of testing.
  248. 7-12-310. Order following testing.
  249. 7-12-311. Victim notification.
  250. 7-12-312. Rights not waived; refiling of uncharged offenses.
  251. 7-12-313. Appeal.
  252. 7-12-314. Subsequent motions.
  253. 7-12-315. Consensual testing.
  254. 7-12-401. Short title.
  255. 7-12-402. Definitions.
  256. 7-12-403. Petition for exoneration based on factual innocence; conduct of proceedings.
  257. 7-12-404. Service of process; response by state; review by the court.
  258. 7-12-405. Appointment of counsel.
  259. 7-12-406. Victim notification.
  260. 7-12-407. Appeal.
  261. 7-13-101. Sentencing of minors to boys' school upon first conviction of felony; term; parole.
  262. 7-13-102. Repealed by Laws 1992, ch. 25, § 4.
  263. 7-13-103. Notice of sentence; transportation to institution; maintenance of prisoner in county jail.
  264. 7-13-104. Record of prisoners.
  265. 7-13-105. Certificate of restoration of rights; procedure
  266. 7-13-106. Transfer of citizen or national of foreign country.
  267. 7-13-107. Split sentence of incarceration in county jail
  268. 7-13-108. Sentence to custody of department of corrections.
  269. 7-13-109. Payment of jail costs by inmate.
  270. 7-13-201. Maximum and minimum term.
  271. 7-13-301. Placing person found guilty, but not convicted, on probation.
  272. 7-13-302. Placing person convicted on probation;
  273. 7-13-303. Investigation preceding probation or suspension of sentence.
  274. 7-13-304. Imposition or modification of conditions; performance of work by defendant.
  275. 7-13-305. Determination, continuance or extension; revocation proceedings.
  276. 7-13-306. Payment of fine in installments.
  277. 7-13-307. Expungement of criminal record.
  278. 7-13-401. Definitions; creation of board; officers; compensation; hearing panels; meetings.
  279. 7-13-402. General powers and duties of board; eligibility for parole; immunity.
  280. 7-13-403. Custody of parolee; return upon violation.
  281. 7-13-404. Computing remainder of sentence for parole violator.
  282. 7-13-405. Field services administrator; hiring of agents.
  283. 7-13-406. Offices.
  284. 7-13-407. Duties of probation and parole agents.
  285. 7-13-408. Probation, parole and conditional release
  286. 7-13-409. Disclosure of information and data.
  287. 7-13-410. Notice of probation order; request for probation supervision or report.
  288. 7-13-411. Apprehension of violators.
  289. 7-13-412. Repealed By Laws 2009, Ch. 2, § 1.
  290. 7-13-413. Repealed By Laws 2009, Ch. 2, § 1.
  291. 7-13-414. Repealed By Laws 2009, Ch. 2, § 1.
  292. 7-13-415. Repealed By Laws 2009, Ch. 2, § 1.
  293. 7-13-416. Repealed By Laws 2009, Ch. 2, § 1.
  294. 7-13-417. Repealed By Laws 2009, Ch. 2, § 1.
  295. 7-13-418. Selection, training and powers of local volunteer; compensation.
  296. 7-13-419. Limitations on powers of volunteers.
  297. 7-13-420. Good time allowances.
  298. 7-13-421. Restitution as condition of parole.
  299. 7-13-422. Short title.
  300. 7-13-423. Compact provisions generally.
  301. 7-13-424. Medical parole; conditions.
  302. 7-13-501. Power of court to allow; confinement when not working.
  303. 7-13-502. Repealed by Laws 1995, ch. 122, § 3.
  304. 7-13-503. Work arrangement in another county.
  305. 7-13-504. Persons committed for contempt of court.
  306. 7-13-601. Repealed by Laws 1987, ch. 41, § 1.
  307. 7-13-602. Repealed by Laws 1987, ch. 41, § 1.
  308. 7-13-603. Repealed by Laws 1987, ch. 41, § 1.
  309. 7-13-604. Repealed by Laws 1987, ch. 41, § 1.
  310. 7-13-605. Repealed by Laws 1987, ch. 41, § 1.
  311. 7-13-606. Repealed by Laws 1987, ch. 41, § 1.
  312. 7-13-607. Repealed by Laws 1987, ch. 41, § 1.
  313. 7-13-608. Repealed by Laws 1987, ch. 41, § 1.
  314. 7-13-609. Repealed by Laws 1987, ch. 41, § 1.
  315. 7-13-610. Repealed by Laws 1987, ch. 41, § 1.
  316. 7-13-611. Repealed by Laws 1987, ch. 41, § 1.
  317. 7-13-612. Repealed by Laws 1987, ch. 41, § 1.
  318. 7-13-613. Repealed by Laws 1987, ch. 41, § 1.
  319. 7-13-614. Repealed by Laws 1987, ch. 41, § 1.
  320. 7-13-701. Definitions; establishment of programs.
  321. 7-13-702. Escape.
  322. 7-13-801. Application for reprieve; conditions; acceptance and filing.
  323. 7-13-802. Confinement of reprieved persons.
  324. 7-13-803. Manner of applying for pardon.
  325. 7-13-804. Contents of application for pardon; notice to district attorney.
  326. 7-13-805. Statement of district attorney following notice of pardon application.
  327. 7-13-806. Certification that applicant for pardon in danger of death.
  328. 7-13-807. Commutation of death sentences.
  329. 7-13-901. Notice that convict lacks requisite mental capacity.
  330. 7-13-902. Examination of convict to determine mental capacity; hearing; finding of court.
  331. 7-13-903. Suspension of execution of convict lacking
  332. 7-13-904. Method of execution.
  333. 7-13-905. Place and time; supervision.
  334. 7-13-906. Issuance and delivery of warrant.
  335. 7-13-907. Confinement pending execution; visitors.
  336. 7-13-908. Witnesses.
  337. 7-13-909. Setting of new execution date following unexecuted sentence.
  338. 7-13-910. Suspension until specified day or temporary reprieve; return of warrant.
  339. 7-13-911. Suspension to permit review; confinement; return to county for retrial.
  340. 7-13-912. Inquiry concerning pregnancy of female prisoner.
  341. 7-13-913. Determination of court as to pregnancy; suspension of sentence.
  342. 7-13-914. Transportation to penal institution.
  343. 7-13-915. Disposition of body.
  344. 7-13-916. Identity of person aiding execution; confidentiality.
  345. 7-13-1001. Definitions.
  346. 7-13-1002. Sentence reduction for youthful offenders.
  347. 7-13-1003. Establishment of program; eligibility; rulemaking authority.
  348. 7-13-1101. Definitions.
  349. 7-13-1102. Authority to establish programs; rulemaking authority.
  350. 7-13-1103. Program participation not a matter of right.
  351. 7-13-1104. Program participation as a condition of parole.
  352. 7-13-1105. Placement of probationer in program by sentencing court.
  353. 7-13-1106. Repealed by Laws 2019, ch. 116, § 3.
  354. 7-13-1107. Administrative rewards and sanctions for program violations.
  355. 7-13-1201. Short title.
  356. 7-13-1202. Definitions.
  357. 7-13-1203. Authority to establish teen court program.
  358. 7-13-1204. Program criteria.
  359. 7-13-1205. Juvenile courts authorized to establish teen court program.
  360. 7-13-1301. Definitions.
  361. 7-13-1302. Substance use disorder assessment required.
  362. 7-13-1303. Suspended sentence for qualified offenders.
  363. 7-13-1304. Rebuttable presumption in violent crime or delivery of controlled substance cases.
  364. 7-13-1401. Petition for expungement; records of arrest,
  365. 7-13-1501. Petition for expungement of records of
  366. 7-13-1502. Petition for expungement of records of
  367. 7-13-1601. Repealed by Laws 2023, ch. 1, § 4.
  368. 7-13-1602. Renumbered as 5-12-104 by Laws 2023, ch. 1, § 2.
  369. 7-13-1603. Renumbered as 5-12-105 by Laws 2023, ch. 1, § 3.
  370. 7-13-1604. Renumbered as 5-12-106 by Laws 2023, ch. 1, § 3.
  371. 7-13-1605. Renumbered as 5-12-107 by Laws 2023, ch. 1, § 2.
  372. 7-13-1606. Renumbered as 5-12-108 by Laws 2023, ch. 1, § 2.
  373. 7-13-1607. Renumbered as 5-12-109 by Laws 2023, ch. 1, § 2.
  374. 7-13-1608. Renumbered as 5-12-110 by Laws 2023, ch. 1, § 2.
  375. 7-13-1609. Renumbered as 5-12-111 by Laws 2023, ch. 1, § 3.
  376. 7-13-1610. Renumbered as 5-12-112 by Laws 2023, ch. 1, § 3.
  377. 7-13-1611. Renumbered as 5-12-113 by Laws 2023, ch. 1, § 3.
  378. 7-13-1612. Renumbered as 5-12-114 by Laws 2023, ch. 1, § 3.
  379. 7-13-1613. Renumbered as 5-12-115 by Laws 2023, ch. 1, § 2.
  380. 7-13-1614. Renumbered as 5-12-116 by Laws 2023, ch. 1, § 3.
  381. 7-13-1615. Renumbered as 5-12-117 by Laws 2023, ch. 1, § 3.
  382. 7-13-1616. Renumbered as 5-12-118 by Laws 2023, ch. 1, § 2.
  383. 7-13-1701. Short title.
  384. 7-13-1702. Definitions.
  385. 7-13-1703. 24/7 sobriety program created.
  386. 7-13-1704. Inclusion in program.
  387. 7-13-1705. Rulemaking authority.
  388. 7-13-1706. Distribution of testing fees.
  389. 7-13-1707. 24/7 sobriety program account.
  390. 7-13-1708. Authority of court to order participation in program.
  391. 7-13-1709. Apprehension of violators.
  392. 7-13-1710. 24/7 sobriety program director; appointment.
  393. 7-13-1711. Repealed by Laws 2019, ch. 49, § 3.
  394. 7-13-1801. Incentives and sanctions system; duties of the department of corrections; definitions.
  395. 7-13-1802. Authorized sanctions.
  396. 7-13-1803. Procedure for imposing sanctions; housing violators; civil actions against officials.
  397. 7-14-101. Definition of "this act"; commencement and conduct of proceedings.
  398. 7-14-102. Contents of petition.
  399. 7-14-103. Claims barred; applicability of act.
  400. 7-14-104. No right to appointed counsel.
  401. 7-14-105. Answer by state; withdrawal of petition; amendments and further pleadings.
  402. 7-14-106. Evidence received by court; orders entered upon favorable finding; contents of final judgment or order.
  403. 7-14-107. Appellate review.
  404. 7-14-108. Existing statutory provisions.
  405. 7-15-101. Contents and form of agreement on detainers.
  406. 7-15-102. Additional definitions; short title.
  407. 7-15-103. Cooperation in enforcement of agreement.
  408. 7-15-104. Delivery of inmate to another state.
  409. 7-15-105. Duties of attorney general.
  410. 7-16-101. Persons subject to required work.
  411. 7-16-102. Restrictions; supervision; costs; civil liability.
  412. 7-16-103. Compensation of sheriff.
  413. 7-16-104. Credits.
  414. 7-16-201. Contracting to private persons.
  415. 7-16-202. Persons subject to required work.
  416. 7-16-203. Compensation.
  417. 7-16-204. Fines for misconduct.
  418. 7-16-205. Disposition of earnings; confidentiality of amount.
  419. 7-16-206. Permitted institutional industries; powers of department.
  420. 7-16-301. Repealed By Laws 2014, Ch. 117, § 2.
  421. 7-16-302. Repealed By Laws 2014, Ch. 117, § 2.
  422. 7-16-303. Repealed By Laws 2014, Ch. 117, § 2.
  423. 7-16-304. Repealed By Laws 2014, Ch. 117, § 2.
  424. 7-16-305. Repealed By Laws 2014, Ch. 117, § 2.
  425. 7-16-306. Repealed By Laws 2014, Ch. 117, § 2.
  426. 7-16-307. Repealed By Laws 2014, Ch. 117, § 2.
  427. 7-16-308. Repealed By Laws 2014, Ch. 117, § 2.
  428. 7-16-309. Repealed By Laws 2014, Ch. 117, § 2.
  429. 7-16-310. Repealed By Laws 2014, Ch. 117, § 2.
  430. 7-16-311. Repealed By Laws 2014, Ch. 117, § 2.
  431. 7-17-101. Definitions.
  432. 7-17-102. Authority to establish.
  433. 7-17-103. Minimum requirements.
  434. 7-18-101. Short title.
  435. 7-18-102. Definitions.
  436. 7-18-103. Establishment and operation of facilities and
  437. 7-18-104. Establishment and operation of facilities or
  438. 7-18-105. Establishment of county boards; membership; terms of office; compensation; meetings; officers.
  439. 7-18-106. Powers and duties of boards.
  440. 7-18-107. Required guidelines in contracts; review by local government.
  441. 7-18-108. Placement of offender in program by court; placement by department as administrative sanction.
  442. 7-18-109. Transfer of inmate to facility by department.
  443. 7-18-110. Authority of department of corrections to contract for services.
  444. 7-18-111. Duties of department of corrections.
  445. 7-18-112. Escape.
  446. 7-18-113. Confinement of violators.
  447. 7-18-114. Record and disbursement of wages; exemption from process; confidentiality of amount.
  448. 7-18-115. Assignment of parolee to program by state board
  449. 7-19-101. Short title.
  450. 7-19-102. Scope and applicability of provisions.
  451. 7-19-103. Definitions.
  452. 7-19-104. Procedures to insure currentness of information; disposition and arrest data.
  453. 7-19-105. Rules and regulations.
  454. 7-19-106. Access to, and dissemination of, information.
  455. 7-19-107. Central repository; information to be submitted; audits; interstate exchanges.
  456. 7-19-108. Fees.
  457. 7-19-109. Inspection; deletion or modification of information.
  458. 7-19-201. State or national criminal history record information.
  459. 7-19-301. Definitions.
  460. 7-19-302. Registration of offenders; procedure; verification; fees.
  461. 7-19-303. Offenders central registry; dissemination of information.
  462. 7-19-304. Termination of duty to register.
  463. 7-19-305. Registration; duties of registering entities; notice to persons required to register.
  464. 7-19-306. Repealed By Laws 1999, ch. 203, § 3.
  465. 7-19-307. Penalties.
  466. 7-19-308. Harboring a sex offender; penalties; exceptions.
  467. 7-19-309. Juvenile sex offenders; risk assessment; factors; reporting requirements.
  468. 7-19-310. Sex offender registration account; purposes.
  469. 7-19-401. Definitions.
  470. 7-19-402. DNA database created; uses of information restricted.
  471. 7-19-403. DNA samples required; collection; testing; reimbursement of costs.
  472. 7-19-404. Access to database; information authorized to be stored.
  473. 7-19-405. Expungement of information.
  474. 7-19-406. Enforcement.
  475. 7-19-407. Sexual assault biological evidence reports.
  476. 7-19-501. Renumbered as 14-6-601 by Laws 2022, ch. 15, § 3.
  477. 7-19-502. Renumbered as 14-6-602 by Laws 2022, ch. 15, § 3.
  478. 7-19-503. Renumbered as 14-6-603 by Laws 2022, ch. 15, § 3.
  479. 7-19-504. Renumbered as 14-6-604 by Laws 2022, ch. 15, § 3.
  480. 7-19-505. Renumbered as 14-6-605 by Laws 2022, ch. 15, § 4.
  481. 7-19-601. Short title.
  482. 7-19-602. Compact provisions generally.
  483. 7-19-603. Compact officer to administer the compact.
  484. 7-20-101. Definition of "peace officer".
  485. 7-20-102. Arrests without warrant.
  486. 7-20-103. Appearance in court; hearing; probation.
  487. 7-20-104. Notice to victim of services and legal rights and remedies.
  488. 7-20-105. Peace officer education and training.
  489. 7-20-106. Civil or criminal liability of peace officer.
  490. 7-20-107. Identification codes; reports.
  491. 7-21-101. Definitions.
  492. 7-21-102. Notice to crime victims.
  493. 7-21-103. Submission of victim impact statement to sentencing court.
  494. 7-22-101. Definitions.
  495. 7-22-102. Authority to contract; general conditions.
  496. 7-22-103. Incarceration of inmates in privately operated facility.
  497. 7-22-104. Contract term and renewal.
  498. 7-22-105. Standards of operation.
  499. 7-22-106. Private-company detention officers; use of force.
  500. 7-22-107. Employee training requirements.
  501. 7-22-108. Monitoring; right of access.
  502. 7-22-109. Liability and sovereign immunity.
  503. 7-22-110. Insurance.
  504. 7-22-111. Termination of contract and resumption of control.
  505. 7-22-112. Nondelegation of authority.
  506. 7-22-113. Authority of state to contract with local governments.
  507. 7-22-114. Rulemaking authority.
  508. 7-22-115. Contract authorizing operation required; exception.
  509. 7-22-116. Repealed by Laws 2003, Ch. 202, § 2.
  510. 7-23-101. Definitions.
  511. 7-23-102. Peer support counseling session communications; confidentiality; applicability.

Proposed changes to this act

No one has proposed a change to this act yet.

511 provisions

7-19-601. Short title.

This act may be cited as "The National Crime Prevention and Privacy Compact Act".

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7-19-602. Compact provisions generally.

The National Crime Prevention and Privacy Compact is enacted into law and entered into by this state with any other state or jurisdiction legally joining the compact in the form substantially as follows: Article I Definitions (a) As used in this compact, unless the context clearly requires otherwise: (i) "Attorney general" means the attorney general of the United States; (ii) "Compact officer" means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository. (iii) "Council" means the compact council established under article VI of this compact; (iv) "Criminal history records" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges, and any dispositions arising therefrom, including acquittal, sentencing, correctional supervision or release, but does not include identification information such as fingerprint records if that information does not indicate involvement of the individual with the criminal justice system; (v) "Criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state; (vi) "Criminal justice" means the activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage and dissemination of criminal history records; (vii) "Criminal justice agency" means: (A) Courts; (B) A governmental agency or any subunit thereof that: (I) Performs the administration of criminal justice pursuant to a statute or executive order; and (II) Allocates a substantial part of its annual budget to the administration of criminal justice; and (C) Includes federal and state inspectors general offices. (viii) "Criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes; (ix) "Criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI; (x) "Direct access" means access to the national identification index by computer terminal or other automated means not requiring the assistance of, or intervention by, any other party or agency; (xi) "Executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law; (xii) "FBI" means the federal bureau of investigation; (xiii) "Interstate identification system" or "III system" means the cooperative federal-state system for the exchange of criminal history records and includes the national identification index, the national fingerprint file and, to the extent of their participation in the system, the criminal history record repositories of the states and the FBI; (xiv) "National fingerprint file" means a database of fingerprints or other uniquely personal identifying information relating to an arrested or charged individual maintained by the FBI to provide positive identification or record subjects indexed in the III system; (xv) "National identification index" means an index maintained by the FBI consisting of names, identifying numbers and other descriptive information relating to record subjects about whom there are criminal history records in the III system; (xvi) "National indices" means the national identification index and the national fingerprint file; (xvii) "Nonparty state" means a state that has not ratified this compact; (xviii) "Noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than for purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters and national security clearances; (xix) "Party state" means a state that has ratified this compact; (xx) "Positive identification" means a determination, based on a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system. Identification based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification; (xxi) "Sealed record information" means: (A) With respect to adults, that portion of a record that is: (I) Not available for criminal justice uses; (II) Not supported by fingerprints or other accepted means of positive identification; or (III) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure. (xxii) "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico. Article II Purposes (a) The purposes of this compact are to: (i) Provide a legal framework for the establishment of a cooperative federal-state exchange of criminal history records for noncriminal justice purposes; (ii) Require the FBI to permit use of the national identification index and the national fingerprint file by each party state and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures and standards established by the council under article VI(a) of this compact; (iii) Require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures and standards established by the council under article VI(a) of this compact; (iv) Provide for the establishment of a council to monitor III system operations and to prescribe system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes; and (v) Require the FBI and each party state to adhere to III system standards concerning record dissemination and use, response times, system security, data quality and other duly established standards, including those that enhance the accuracy and privacy of such records. Article III Responsibilities of Compact Parties (a) The director of the FBI shall: (i) Appoint an FBI compact officer who shall: (A) Administer this compact within the federal department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to article (V)(c) of this compact; (B) Ensure that compact provisions and rules, procedures and standards prescribed by the council under article VI of this compact are complied with by the federal department of justice and the federal agencies and other agencies and organizations referred to in subparagraph (A) of this paragraph; and (C) Regulate the use of records received by means of the III system from party states when the records are supplied by the FBI directly to other federal agencies. (ii) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its databases for the noncriminal justice purposes described in article IV of this compact, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III system, but is not available from the party state through the III system. (iii) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in article IV of this compact, and ensure that the exchange of the records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (iv) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in article V of this compact. (b) Each party state shall: (i) Appoint a compact officer who shall: (A) Administer this compact within the state; (B) Ensure that compact provisions and rules, procedures and standards established by the council under article VI(a) of this compact are complied with in the state; and (C) Regulate the in-state use of records received by means of the III system from the FBI or from other party states. (ii) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the national identification index and the national fingerprint file; and (B) The state's III system-indexed criminal history records for noncriminal justice purposes described in article IV of this compact. (iii) Participate in the national fingerprint file; and (iv) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact. (c) In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures and standards duly established by the council concerning record dissemination and use, response time, data quality, system security, accuracy, privacy protection and other aspects of III system operation. (d) Maintenance of record services shall comply with the following: (i) Use of the III system for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes; (ii) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact. Article IV Authorized Record Disclosures (a) To the extent authorized by section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks. (b) The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and state criminal history record repositories, shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks. (c) Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact and with rules, procedures and standards established by the council under article VI of this compact, which procedures shall protect the accuracy and privacy of the records and shall: (i) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes; (ii) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (iii) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official. Article V Record Request Procedures (a) Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if the request is transmitted through another state criminal history record repository or the FBI. (c) Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes. (d) A state criminal record repository or the FBI: (i) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (ii) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints. (e) If an additional search is required, the following shall apply: (i) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices; (ii) If, with respect to a request forwarded by a state criminal history record repository under paragraph (i) of this subsection, the FBI positively identifies the subject as having a III system indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories. Article VI Establishment of Compact Council (a) There is established a council to be known as the compact council, which shall have the authority to promulgate rules and procedures governing the use of the III system for noncriminal justice purposes, not to conflict with FBI administration of the III system for criminal justice purposes. (b) The council shall: (i) Continue in existence as long as this compact remains in effect; (ii) Be located, for administrative purposes, within the FBI; and (iii) Be organized and hold its first meeting as soon as practicable after the effective date of this compact. (c) The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows: (i) Nine (9) members, each of whom shall serve a two (2) year term, who shall be selected from among the compact officers of party states based on the recommendations of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrator of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis; (ii) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three (3) year term, of whom: (A) One (1) shall be a representative of a criminal justice agency of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of a noncriminal justice agency of the federal government. (iii) Two (2) at-large members, nominated by the chairperson of the council, once the chairperson is elected pursuant to subsection (d) of this article, each of whom shall serve a three (3) year term, of whom: (A) One (1) shall be a representative of a state or local criminal justice agency; and (B) One (1) shall be a representative of a state or local noncriminal justice agency. (iv) One (1) member, who shall serve a three (3) year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board; (v) One (1) member, nominated by the director of the FBI, who shall serve a three (3) year term, and who shall be an employee of the FBI. (d) From its membership, the council shall elect a chairperson and a vice chairperson of the council, respectively. Both the chairperson and the vice chairperson of the council: (i) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairperson may be an at-large member; and (ii) Shall serve a two (2) year term and may be reelected to only one (1) additional two (2) year term. (e) The vice chairperson of the council shall serve as the chairperson of the council in the absence of the chairperson. (f) The council shall meet at least once each year at the call of the chairperson. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the federal register of each meeting of the council, including the matters to be addressed at the meeting. (g) A majority of the council or any committee of the council shall constitute a quorum of the council or of the committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony or conduct any business not requiring a vote. (h) The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the federal register, any rules, procedures or standards established by the council. (j) The council may request from the FBI, reports, studies, statistics or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide assistance or information in response to a request by the council. (k) The chairperson may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities and duration. Article VII Ratification of Compact (a) This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state. Article VIII Miscellaneous Provisions (a) Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. (b) Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. (c) Nothing in this compact shall diminish or lessen the obligations, responsibilities and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the federal departments of state, justice and commerce, the judiciary, and Related Agencies Appropriation Act, 1973 (Pub. L. 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under article VI(a) of this compact, regarding the use and dissemination of criminal history records and information. Article IX Renunciation (a) This compact shall bind each party state until renounced by the party state. (b) Any renunciation of this compact by a party state shall: (i) Be effected in the same manner by which the party state ratified this compact; and (ii) Become effective one hundred eighty (180) days after written notice of renunciation is provided by the party state to each other party state and to the federal government. Article X Severability (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared contrary to the constitution of any participating state, to the constitution of the United States or to the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions. Article XI Adjudication of Disputes (a) The council shall: (i) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council; and (C) Any dispute or controversy between any parties to this compact. (ii) Hold a hearing concerning any dispute described in paragraph (i) of this subsection at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. The decision shall be published pursuant to the requirements of article VI(e) of this compact. (b) The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, maintain system policy and standards, protect the accuracy and privacy of records and to prevent abuses, until the council holds a hearing on such matters. (c) The FBI or a party state may appeal any decision of the council to the attorney general and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by 24 U.S.C. § 1446, or other statutory authority.

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7-19-603. Compact officer to administer the compact.

The Wyoming attorney general or his designee shall act as the compact officer responsible for implementation and administration of this compact on behalf of the state of Wyoming.

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7-20-101. Definition of "peace officer".

As used in this chapter "peace officer" has the meaning specified in W.S. 7-2-101.

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7-20-102. Arrests without warrant.

(a) In addition to arrests specified in W.S. 7-2-102, any peace officer who has probable cause to believe that a violation of W.S. 6-2-510(a) or 6-2-511(a) has taken place within the preceding twenty-four (24) hours or is taking place or that a violation of W.S. 6-2-502(a) or 6-2-504(a) or (b) has taken place within the preceding twenty-four (24) hours or is taking place and that the person who committed or is committing the violation is a household member as defined by W.S. 35-21-102(a)(iv), may arrest the violator without a warrant for that violation, regardless of whether the violation was committed in the presence of the peace officer. (b) A peace officer, without a warrant, may arrest and take into custody a person if: (i) An order of protection has been issued by a circuit or district court as authorized by W.S. 35-21-104 or 35-21-105 stating on its face the period of time for which the order is valid and specifically restraining or enjoining a household member, as defined by W.S. 35-21-102(a)(iv), from entering onto premises, from physical abuse, threats of personal abuse or acts which unreasonably restrain the personal liberty of any household member, or from abducting, removing or concealing any child in the custody of another household member or from transferring, concealing, encumbering or otherwise disposing of petitioner's property or the joint property of the parties; (ii) A true copy and proof of service of the order has been filed with the sheriff's office having jurisdiction of the area in which the moving party resides; (iii) The person named in the order has received notice of the injunctive order; (iv) The person named in the order is acting in violation of the order or the peace officer has probable cause to believe that the person violated the order within the preceding twenty-four (24) hours; and (v) The order states on its face that a violation of its terms subjects the person to a criminal penalty pursuant to W.S. 6-4-404.

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7-20-103. Appearance in court; hearing; probation.

(a) Any person arrested pursuant to W.S. 7-20-102 shall be brought before the court having jurisdiction in the cause without unnecessary delay. At the initial appearance under this section the court shall: (i) Set a time for a hearing on the alleged violation of the order of protection within seventy-two (72) hours after the person is initially brought before the court under this subsection; (ii) Set a reasonable bond pending the hearing; (iii) If the arrest is pursuant to W.S. 7-20-102(b), notify the party who procured the order of protection and direct that party to appear at the hearing and give evidence on the alleged violation; and (iv) If the defendant is found guilty of an offense referred to in W.S. 7-20-102(a) and 35-21-106(c) and if probation is otherwise available for the offense, the court, without entering a judgment of guilt and with the concurrence of the prosecutor and consent of the defendant, may defer further proceedings and place the defendant on probation as provided in this paragraph. The terms and conditions of probation shall include those necessary to provide for the protection of the alleged victim and other specifically designated persons and additional conditions and requirements which the court deems appropriate, including any counseling or diversionary programs available to the defendant. On violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided for revocation of probation. On fulfillment of the terms and conditions of probation, the court shall discharge the defendant and dismiss the proceedings against the defendant. This subsection does not apply in any case in which the defendant has previously been found guilty of an offense referred to in W.S. 7-20-102(a) and 35-21-106(c), or in which charges under this section have previously been dismissed in accordance with this subsection.

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7-20-104. Notice to victim of services and legal rights and remedies.

At the time of arrest under W.S. 7-20-102 or as soon thereafter as is practicable, the peace officer shall advise the victim of the availability of a program that provides services to victims of battering in the community and give the victim notice of the legal rights and remedies available. The notice shall include furnishing the victim a copy of the following statement: "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit or district court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) An order directing your attacker to leave your household; (c) An order preventing your attacker from entering your residence, school, business or place of employment; (d) An order awarding you or the other parent custody of or visitation with a minor child or children; (e) An order restraining your attacker from molesting or interfering with minor children in your custody; (f) An order directing the party not granted custody to pay support for minor children, or for support of the other party if that party has a legal obligation to do so. You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is under $.... (Officer to insert current jurisdictional limit of small claims court). 1. Name, address and phone number of local family violence program. 2. Name, address and phone number of district attorney's office."

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7-20-105. Peace officer education and training.

(a) Law enforcement agencies and the Wyoming law enforcement academy shall provide peace officers with a uniform education and training program approved by the peace officer standards and training commission designed to inform the officers of the problems of family and household abuse, procedures to deal with these problems, the provisions of this chapter and the services and facilities available to abused family and household members. The amount and degree of peace officer training shall include the following: (i) Officers who are currently employed by a law enforcement agency and have already completed and been certified through a state basic skills course shall be provided eight (8) hours of training through the local law enforcement agency at which the officer is employed. The law enforcement agency may contact the family violence program in the county to assist in designing and implementing this training; (ii) Officers who have not yet completed and been certified through the Wyoming state basic skills course shall be provided twelve (12) hours of training as part of the basic skills course at the Wyoming law enforcement academy. The department of health may be contacted to assist in designing and implementing this training.

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7-20-106. Civil or criminal liability of peace officer.

A peace officer making an arrest pursuant to this chapter is not civilly or criminally liable for that arrest if the officer acts upon probable cause and without malice.

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7-20-107. Identification codes; reports.

(a) The Wyoming division of criminal investigation within the office of the attorney general shall develop and each law enforcement agency shall use a domestic violence identification code or codes by January 1, 1988. In all incidents of domestic violence, a report shall be written and shall be thus identified on the face of the report as a domestic violence incident. (b) The division of criminal investigation shall compile a quarterly and annual statistical report which shall include the number of reported incidents of domestic abuse for each county and for the state as a whole, the types of crime involved in the domestic abuse, the days of the week and hours of the day the incidents occurred and the final disposition of each reported incident. The statistical reports shall not include the names of any of the persons involved in an incident of domestic abuse or any information which would serve to identify such persons as individuals. Copies of the quarterly and annual statistical reports shall be published in the "Uniform Crime Reporting, Crime in Wyoming" publication and shall be made available to the public upon request.

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7-21-101. Definitions.

(a) As used in this chapter: (i) "Crime" means a felony as defined by W.S. 6-10-101; (ii) "Family member" means a spouse, child, sibling, parent or legal guardian of a victim; (iii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a crime or a family member of a minor, incompetent person or a homicide victim; (iv) "Victim impact statement" means an oral or written statement by the victim of a crime providing the information specified by W.S. 7-21-102(c).

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7-21-102. Notice to crime victims.

(a) If a defendant is convicted of a crime involving an identifiable victim, the district attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following: (i) The defendant's conviction; (ii) The offenses for which the defendant was convicted and the possible sentences for each offense; (iii) The victim's opportunity to make a written or oral impact statement for use in the preparation of the presentence investigation report concerning the defendant when a presentence investigation report is to be prepared; (iv) The address and telephone number of the probation office which is to prepare the presentence investigation report; (v) That a presentence investigation report and any statement of the victim included in the report will be made available to the defendant; (vi) The victim's opportunity to make an impact statement at sentencing or at any subsequent hearing for correction or reduction of sentence; and (vii) The time and place of the sentencing proceeding and the time and place of any subsequent hearing for correction or reduction of sentence. (b) The notice given by the district attorney to the victim pursuant to this section shall be given by any means reasonably calculated to give prompt actual notice. (c) A notice given under subsection (a) of this section shall inform the victim that his impact statement may include but shall not be limited to the following: (i) An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim; (ii) An explanation of the extent of any economic loss or property damage suffered by the victim; (iii) The need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage; and (iv) The victim's recommendation for an appropriate disposition.

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7-21-103. Submission of victim impact statement to sentencing court.

(a) At any hearing to determine, correct or reduce a sentence, an identifiable victim of the crime may submit, orally, in writing or both, a victim impact statement to the court. (i) Repealed by Laws 2005, ch. 17, § 2. (ii) Repealed By Laws 2005, ch. 17, § 2. (b) Any victim impact statement submitted to the court pursuant to this section shall be among the factors considered by the court in determining the sentence to be imposed upon the defendant or in determining whether there should be a correction or reduction of sentence. (c) Any failure to comply with the terms of this chapter shall not create a cause for appeal or reduction of sentence for the defendant, or a civil cause of action against any person by the defendant.

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7-22-101. Definitions.

(a) As used in this article: (i) "American correctional association standards" means those standards at the time of implementation of this act, or if amended, the amended American correctional association standards, which are approved by the state; (ii) "Contracting governmental entity" means the state or a local government which has entered into a contract with a contractor pursuant to this article; (iii) "Contractor" or "private contractor" means a person who has entered into a contract with the state or a local government pursuant to W.S. 7-22-102; (iv) "Deadly force" means force that is likely to cause death or serious bodily injury; (v) "Facility" means a jail, prison or other incarceration facility constructed or operated pursuant to a contract under W.S. 7-22-102; (vi) "Five (5) state elected officials" means the governor, secretary of state, state auditor, state treasurer and superintendent of public instruction; (vii) "Local government" means any city, town, joint powers board or county in Wyoming; (viii) "Nondeadly force" means force that normally would cause neither death nor serious bodily injury; (ix) "Private-company detention officer" means a private contractor's employee serving as a detention officer at a facility being operated pursuant to a contract under W.S. 7-22-102; (x) "State" means the state of Wyoming acting through the office of the governor.

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7-22-102. Authority to contract; general conditions.

(a) The state or a local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities and services as provided in this article, but only after receiving the consent of the five (5) state elected officials as to site, number of beds and classifications of inmates or prisoners to be housed in the facility. (b) No contract shall be entered into or renewed unless the contracting governmental entity, with the concurrence of the five (5) state elected officials, determines the contract offers substantial cost savings to the contracting governmental entity and at least the same quality of services provided by the state or by similar local governments. (c) After receiving the majority consent of the five (5) state elected officials as to the site, number of beds and classifications of inmates or prisoners to be housed in the facility, the state or the local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities, either: (i) For the incarceration of its own inmates or prisoners; (ii) For the incarceration of prisoners or inmates of the state or any other local government; (iii) For the incarceration of any prisoners or inmates: (A) Under the jurisdiction of the United States government or any of its offices, departments or agencies; (B) Otherwise under the control of the United States government or any of its offices, departments or agencies; or (C) Lawfully confined by any jurisdiction within the United States. (d) The state or the local government may reject or return prisoners from outside the state. Prisoners or inmates of out-of-state, nonfederal jurisdictions shall not be incarcerated in any facility operated by a local government entity under this article without the consent of the majority of the five (5) elected officials of this state. At no time shall the number of prisoners from out-of-state, nonfederal jurisdictions incarcerated in a facility operated by a local government entity under this article exceed thirty percent (30%) of the capacity of that facility. Any out-of-state, nonfederal prisoner shall be returned to the jurisdiction of origin to be released from custody by them, outside the state of Wyoming at the appropriate time. (e) Notwithstanding any other provision of law or any rules or regulations adopted pursuant to statutory authority, a negotiated selection process, including requests for proposals from a list of applicants prequalified by the state or the local government, shall be applicable to any contract between the state or a local government and any private entity entered into under the authority of this article. Standards for prequalification of applicants under this subsection shall be promulgated as rules by the state or local government entity under the Wyoming Administrative Procedure Act before the commencement of the selection process. (f) Rules and regulations promulgated under this article shall ensure that no contract entered into under this section shall result in the significant displacement of employed workers within a sixty (60) mile radius of the community.

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7-22-103. Incarceration of inmates in privately operated facility.

At the direction of the state, in the case of a person sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution, or at the direction of the local government in the case of a person sentenced to imprisonment in a city or county jail, the person sentenced to imprisonment may be incarcerated in a facility constructed or operated by a private entity pursuant to a contract under this article.

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7-22-104. Contract term and renewal.

The initial contract for the operation of a facility or for incarceration of prisoners or inmates therein shall be for a period of not more than three (3) years with an option to renew biannually thereafter. Contracts for purchase or lease (as lessor or lessee) of a facility shall not exceed a term of thirty (30) years. Any contract for the construction or operation of a facility shall be subject to annual appropriation by the contracting governmental entity.

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7-22-105. Standards of operation.

(a) All facilities governed by this article shall be designed, constructed and at all times maintained and operated in accordance with the American correctional association standards in force at the time of contracting. The facility shall meet the percentage of standards required for accreditation by the American correctional association, except where the contract requires compliance with a higher percentage of nonmandatory standards. The contract may allow the contractor an extension of time in which to meet a lower percentage of nonmandatory standards only when the contract is for the renovation of an existing facility, in which case the contractor shall have not longer than three (3) months to meet those standards that are applicable to the physical plant. (b) Facilities governed by this article shall comply with all federal and state constitutional standards, state and local laws, and all court orders.

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7-22-106. Private-company detention officers; use of force.

(a) No person shall be employed as a private-company detention officer unless the person has been trained in the use of force and the use of firearms in accordance with American correctional association standards, §§ 3-4070 through 3-4091, and, at the contractor's expense, has satisfactorily completed a basic training program approved by the state. If the training is provided under contract with the state, the costs of a basic training program shall not be greater than the costs of peace officer training at the Wyoming law enforcement academy. (b) A private-company detention officer may use force only while on the grounds of a facility or while transporting inmates. Nondeadly force and deadly force shall be used by a private-company detention officer only as provided in this section. (c) A private-company detention officer is authorized to use only such nondeadly force as the circumstances require in the following situations: (i) To prevent the commission of a felony or misdemeanor, including escape; (ii) To defend himself or others against physical assault; (iii) To prevent serious damage to property; (iv) To enforce institutional regulations and orders; and (v) To prevent or quell a riot. (d) A private-company detention officer who is trained pursuant to the provisions of subsection (a) of this section, shall have the right to carry and use firearms and shall exercise such authority and use deadly force only as a last resort when reasonably necessary to prevent the commission of a violent felony as defined in W.S. 6-1-104(a)(xii), to prevent the escape of a convicted felon from custody, or to defend the officer or any other person from imminent danger of death or serious bodily injury. (e) Within three (3) days following an incident involving the use of force against an inmate or another, the employee shall file a written report describing the incident with the administrative staff of the facility and with the contract monitor appointed pursuant to W.S. 7-22-108. (f) A private contractor shall have the same standing, authority, rights and responsibilities as the contracting governmental entity in any agreement, formal or informal, with local law enforcement agencies concerning the latter's obligations in the event of a riot, escape or other emergency situation.

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7-22-107. Employee training requirements.

All employees of a facility operated by a private contractor pursuant to this article shall receive, at a minimum, the same quality and quantity of training as that required for employees of state operated facilities. If any or all of the applicable American correctional association standards relating to training are more stringent than are governmental standards, training shall be provided in accordance with the more stringent standards. All training expenses shall be the responsibility of the private contractor.

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7-22-108. Monitoring; right of access.

(a) The contracting governmental entity at the contractor's expense, shall employ an individual to be responsible for monitoring all aspects of the private contractor's performance under a contract for the operation of a facility pursuant to W.S. 7-22-102. The individual employed as contract monitor shall be qualified to perform this function by reason of education, training and experience as determined by the five (5) state elected officials. At a minimum, the contract monitor shall have completed at least the same training required by this article for detention officers and shall have served a minimum of three (3) years as a detention officer. The monitor, with the approval of the contracting governmental entity, shall appoint staff as necessary to assist in monitoring at the facility, which staff shall be at the contractor's expense and will be solely responsible to the contract monitor. The monitor or his designee shall be provided an on-site work area by the contractor, shall be on-site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the monitor determines are necessary to carry out monitoring responsibilities under this section. (b) The monitor or his designee shall be responsible to and report to the state and any other contracting governmental entity at least monthly, and more often as necessary to ensure proper operation of the facility, concerning the contractor's performance. (c) Members of the public shall have the same right of access to facilities operated by a private contractor pursuant to this article as they do to state operated facilities.

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7-22-109. Liability and sovereign immunity.

(a) The contractor shall assume all liability arising under a contract entered into pursuant to W.S. 7-22-102. (b) Neither the sovereign immunity of the state nor the sovereign immunity applicable to any local government shall extend to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract. (c) Nothing in this article shall be construed to accord to any inmate in any facility or to a member of the public third party beneficiary status.

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7-22-110. Insurance.

(a) The contractor shall provide an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the plan, the firm shall determine whether the insurance is adequate to: (i) Fully indemnify the contracting governmental entity and the state from actions by third parties against the contractor, the contracting governmental entity or, the state or as a result of the contract; (ii) Assure the contractor's ability to fulfill its contract with the contracting governmental entity in all respects and to assure that the contractor is not limited in this ability due to financial liability that results from judgments; (iii) Protect the local government and the state against claims arising as the result of any occurrence during the term of the contract on an occurrence basis; and (iv) Satisfy other requirements specified by the independent risk management or actuarial firm.

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7-22-111. Termination of contract and resumption of control.

(a) The board or the local government may, upon demonstration that a breach of contract has occurred and that after the passage of a reasonable period of time the breach has not been cured, without penalty to the state or the local government, cancel a contract for the private operation of a facility at any time on giving ninety (90) days written notice. (b) Notwithstanding any other provision in this article to the contrary, prior to entering a contract for the private operation of a facility, a plan shall be developed by the contractor and approved by the contracting governmental entity establishing the method by which the state or the local government will resume control of the facility or the inmates incarcerated in a leased facility upon contract termination. (c) Any contract entered into under this article for the private operation of a facility shall provide that upon declaration by the state or the local government of any material breach of contract on the part of the private contractor, the state or the local government may, if necessary, assume immediate temporary control of the operation of the facility pending transfer of inmates to another facility.

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7-22-112. Nondelegation of authority.

(a) No contract for private correctional services under this article shall authorize, allow or imply a delegation to a private contractor of authority or responsibility to: (i) Classify inmates or place inmates in less restrictive custody or more restrictive custody; (ii) Transfer an inmate, although the contractor may recommend in writing that the state or the local government transfer a particular inmate; (iii) Formulate rules of inmate behavior, violations of which may subject inmates to sanctions, except to the extent that the rules are accepted or modified by the state or the local government; (iv) Take any disciplinary action against an inmate; (v) Grant, deny or revoke good time credits; (vi) Recommend that the parole board either deny or grant parole, provided the contractor may submit written reports that have been prepared in the ordinary course of business unless otherwise requested by the parole board; (vii) Develop procedures for calculating good time credits or inmate release and parole eligibility dates; (viii) Determine inmate eligibility for furlough, compassionate leave or participation in community corrections; (ix) Require an inmate to work, except as directed or authorized by the state or the local government. In connection with work required by the state or the local government, the private contractor shall not have authority to: (A) Approve the type of work that inmates may perform; or (B) Award or withhold wages or good time credits based on the manner in which individual inmates perform such work.

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7-22-113. Authority of state to contract with local governments.

The state may contract with any local government or private contractor which is responsible for the maintenance or operation of a facility to house in the facility inmates or prisoners of the state penitentiary or any other facility operated or under the control of the state, and any local government or private contractor may accept and house such inmates or prisoners in the facility pursuant to any contract with the state. The contract shall specify such matters as are deemed relevant by the state, the local government or the private contractor and shall be approved as to form and content by the Wyoming attorney general.

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7-22-114. Rulemaking authority.

The state or the local government shall promulgate reasonable rules and regulations necessary to carry out this article.

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7-22-115. Contract authorizing operation required; exception.

(a) No private entity shall construct, operate or manage any private jail, prison or other structure to house or incarcerate inmates or prisoners in this state except pursuant to contract under this article. (b) Subsection (a) of this section shall not apply to a nongovernmental community correctional facility or program approved under W.S. 7-18-104(b).

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7-22-116. Repealed by Laws 2003, Ch. 202, § 2.

Repealed by Laws 2003, Ch. 202, § 2.

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7-23-101. Definitions.

(a) As used in this chapter: (i) "Emergency services personnel" means any employee or volunteer regulated under title 33, chapter 36 of the Wyoming statutes; (ii) "Emergency services provider" means any public employer, or ground or air ambulance service, that employs emergency services personnel or persons to provide fire fighting, dispatching services or other emergency medical services; (iii) "Employee assistance program" means a program established by a law enforcement agency or emergency services provider to provide professional counseling or support services to employees or volunteers of a law enforcement agency, emergency services provider, or a professional mental health provider associated with a peer support team; (iv) "Law enforcement agency" means any public agency that employs a law enforcement officer; (v) "Law enforcement officer" means any person who, by virtue of office or public employment, is vested with a duty to maintain public order or to make arrests for violations of the laws of the state of Wyoming or ordinances of a municipality or with a duty to maintain or assert custody or supervision over persons accused or convicted of a crime, while acting within the scope of their authority as an employee or volunteer of a law enforcement agency; (vi) "Peer support counseling session" means any session conducted by a peer support specialist that is called or requested in response to a critical incident or traumatic event involving the personnel of the law enforcement agency or emergency services provider; (vii) "Peer support specialist" means a person who: (A) Is designated by a law enforcement agency, emergency services provider, employee assistance program or peer support team leader to lead, moderate or assist in a peer support counseling session; (B) Is a member of a peer support team; and (C) Has received training in counseling and providing emotional and moral support to law enforcement officers or emergency services personnel who have been involved in emotionally traumatic incidents by reason of their employment. (viii) "Peer support team" means a group of peer support specialists serving one (1) or more law enforcement agencies or emergency services providers; (ix) "Peer support counseling" shall not include professional counseling sessions provided by licensed counselors as defined by W.S. 33-38-102(a)(iii).

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7-23-102. Peer support counseling session communications; confidentiality; applicability.

(a) Any communication made by a participant or peer support specialist in a peer support counseling session, and any oral or written information conveyed in or as the result of a peer support counseling session, shall be confidential and shall not be disclosed by any person participating in or conducting the peer support counseling session. (b) Any communication between peer support specialists relating to a peer support counseling session, between peer support specialists and the supervisors or staff of an employee assistance program or between the supervisors or staff of an employee assistance program shall be confidential and shall not be disclosed. (c) This section shall apply only to peer support counseling sessions conducted by a peer support specialist. (d) This section shall apply to all oral communications, notes, records and reports arising out of a peer support counseling session. Any notes, records or reports arising out of a peer support counseling session shall not be public records and shall not be available for inspection or disclosure under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205. Nothing in this section limits the discovery or introduction into evidence of knowledge acquired by any law enforcement officer or emergency services personnel from observations made during the course of employment, or material or information acquired during the course of employment, that is otherwise subject to discovery or introduction into evidence. (e) This section shall not apply to any: (i) Threat of suicide or criminal act made by a participant in a peer support counseling session, or any information conveyed in a peer support counseling session relating to a threat of suicide or criminal act; (ii) Information relating to abuse of spouses, children or the elderly, or other information that is required to be reported by law; (iii) Admission of criminal conduct; (iv) Disclosure of testimony by a participant who received peer support counseling services and expressly consented to the disclosure; or (v) Disclosure of testimony by the surviving spouse or executor or administrator of the estate of a deceased participant who received peer support counseling services and the surviving spouse or executor or administrator expressly consented to the disclosure. (f) This section shall not prohibit any communications between peer support specialists who conduct peer support counseling sessions, or any communications between peer support specialists and the supervisors or staff of an employee assistance program. (g) This section shall not prohibit communications regarding the fitness of an employee for duty between an employee assistance program and an employer.

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