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 Repealed By Laws 2007, Ch. 91, § 3.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

7-3-216. Right of person arrested without warrant to bail.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the arrested person to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper. The bail or bond shall be conditioned for the appearance of the arrested person before the judge or magistrate at a time specified in the bond or undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state.

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7-3-217. Failure of state to demand person arrested without warrant within time specified.

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge him or may recommit him to a further day, or may again take bail for his appearance and surrender, as provided in W.S. 7-3-216. At the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the judge or magistrate may either discharge him, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day.

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7-3-218. Failure of prisoner admitted to bail to appear.

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the condition of his bond, the court shall order the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

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7-3-219. Procedure where criminal prosecution pending against accused in state.

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor at his discretion either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged, or convicted and punished in this state.

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7-3-220. Inquiry into guilt or innocence of accused.

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition as provided by W.S. 7-3-203 shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.

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7-3-221. Recall of, or issuance of new, warrant.

The governor may recall his warrant of arrest, or may issue another warrant whenever he deems proper.

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7-3-222. Demand that accused be returned to this state; issuance of warrant.

(a) Upon receipt of an application as provided by W.S. 7-3-223, the governor of this state may demand a person charged with crime in this state, or with violation of parole, from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States. (b) The governor shall issue a warrant under the seal of this state, to some agent, commending him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.

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7-3-223. Application for return of accused to this state.

(a) When the return to this state of a person charged with crime in this state is required, the district attorney for the county in which the offense is committed shall present to the governor a written application for a requisition for the return of the person charged. The application shall state: (i) The name of the person charged; (ii) The crime charged against him; (iii) The approximate time, place and circumstances of the commission of the crime; and (iv) The state and address or location where the accused is believed to be at the time the application is made. (b) As part of the application under subsection (a) of this section the district attorney shall certify that in his opinion justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim. (c) The application under subsection (a) of this section shall be verified by affidavit and shall be executed in duplicate. It shall be accompanied by two (2) certified copies of the indictment returned, or information filed, or of the complaint and affidavit made to the magistrate, stating the offense with which the accused is charged. The district attorney may also attach further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One (1) copy of the application with the action of the governor indicated by his endorsement, and one (1) of the certified copies of the indictment, information or complaint and affidavit, shall be filed in the office of the secretary of state to remain of record in that office. The other copy of all papers shall be forwarded with the governor's requisition. (d) When the return to this state of a person charged with violating the conditions of his parole is required, the chairman of the board of parole shall present to the governor a written application for a requisition for the return of the person charged with parole violation. The application shall state: (i) The name of the parolee; (ii) The parole violation charged against him; (iii) The approximate time, place and circumstances of the commission of the violation; and (iv) The state and address where the parolee is believed to be at the time the application is made. (e) As part of the application under subsection (d) of this section the chairman of the board of parole shall certify that in his opinion justice requires the arrest and return of the parolee to this state for hearing before the board of parole and that the proceeding is not instituted to enforce a private claim. (f) The application under subsection (d) of this section shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the judgment and sentence, parole grant, parole agreement, recommendation for revocation of parole and order of arrest issued by the board of parole. The chairman of the board of parole may also attach further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One (1) copy of the application with the action of the governor indicated by his endorsement, and one (1) of the certified copies required by this subsection, shall be filed in the office of the secretary of state to remain of record in that office. The other copy of all papers shall be forwarded with the governor's requisition.

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7-3-224. Payment of expenses for return of accused to this state.

(a) The state shall pay the expenses involved in the return to this state of a person charged with violating the terms of his parole or who has escaped from a state penal institution or who has escaped from a corrections program provided for inmates of a state penal institution other than a defendant serving a split sentence of incarceration under W.S. 7-13-107 or a probationer participating in a residential or nonresidential community correctional program pursuant to W.S. 7-18-108. In all other cases the expenses of extradition shall be paid by the county applying for the return of the person. (b) Expenses authorized under this section include the fees paid to the officers of the state on whose governor the requisition is made, and mileage for all necessary travel in returning the person not exceeding the rate set in W.S. 9-3-103.

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7-3-225. Service of civil process on person brought into state.

A person brought into this state on extradition based on a criminal charge is not subject to service of personal process in any civil action arising out of the same facts as the criminal proceedings to answer which he is returned, until he has been convicted in the criminal proceedings, or if acquitted, until he has had ample opportunity to return to the state from which he was extradited.

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7-3-226. Charging of person brought into state with other crimes.

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisition for his extradition.

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7-3-227. Construction of provisions.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 7-3-301. Repealed By Laws 2007, Ch. 89, § 1.

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7-3-302. Repealed By Laws 2007, Ch. 89, § 1.

Repealed By Laws 2007, Ch. 89, § 1.

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7-3-303. Repealed By Laws 2007, Ch. 89, § 1.

Repealed By Laws 2007, Ch. 89, § 1.

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7-3-401. Western Interstate Corrections Compact.

The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows: WESTERN INTERSTATE CORRECTIONS COMPACT Purpose and Policy The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interest of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders. Definitions (a) As used in this compact, unless the context clearly requires otherwise: (i) "State" means a state of the United States or, subject to the limitation contained in article VII, Guam; (ii) "Sending state" means a state party to this compact in which conviction was had; (iii) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had; (iv) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution; (v) "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined; (vi) "This compact" means W.S. 7-3-401. Contracts (a) Each party state may make one (1) or more contracts with any one (1) or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (i) Its duration; (ii) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; (iii) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom; (iv) Delivery and retaking of inmates; (v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract. (c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Procedures and Rights (a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (j) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. Acts Not Reviewable in Receiving State; Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor. Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one (1) party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington. Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two (2) years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or 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 this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

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7-3-402. Authority to commit or transfer inmates.

Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in article II (a)(iv) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to article III of the Western Interstate Corrections Compact.

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7-3-403. Enforcement of compact.

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.

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7-3-404. Hearings.

The governor is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to article IV (f) of the Western Interstate Corrections Compact.

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7-3-405. Authority to enter into contracts; force and effect.

The governor is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the attorney general of the state.

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7-3-406. Construction and severability of provisions.

The provisions of this act, W.S. 7-3-401 through 7-3-406, shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be unconstitutional or the applicability thereof to any state, agency, person or circumstance is held invalid, the constitutionality of this act and the applicability thereof to any other state, agency, person or circumstance shall, with respect to all severable matters, not be affected thereby. It is the legislative intent that the provisions of this act be reasonably and liberally construed.

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7-3-501. Filing of complaint; issuance of warrant or summons.

(a) As used in W.S. 7-3-501 through 7-3-505 "judge" means a circuit court judge. (b) When complaint is made by the district attorney or by any private person to any circuit court judge that a person has threatened or is about to commit a breach of the peace or an offense against the person or property of another, the judge shall: (i) Examine under oath the complainant and any witnesses who may be produced; (ii) Reduce the complaint and a concise statement of the testimony of the witnesses to writing; and (iii) Cause the complaint to be subscribed and sworn to. (c) If it appears there is probable cause to believe the offense will be committed, the judge shall issue a warrant for the arrest of the person complained against or issue a summons for him to appear and answer the complaint.

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7-3-502. Examination of party complained against; recognizance to keep peace.

When the party complained against appears before the judge the testimony produced on both sides shall be heard if the allegations of the complaint are controverted. If, upon examination, it appears to the judge that there is no probable cause to believe that the offense will be committed, the person complained against shall be discharged. If, however, the judge finds that there is probable cause to believe that the offense will be committed, he shall order the person complained against to give a recognizance, with good and sufficient surety in the form of cash, bond or other property, in any sum the judge directs. The recognizance shall be conditioned that the person complained against shall keep the peace toward all people of this state, and especially towards the person against whom or whose property there is reason to believe the offense will be committed, for a period of time determined by the judge not exceeding twelve (12) months.

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7-3-503. Compliance with recognizance order; failure to give recognizance.

(a) If a person ordered to give recognizance complies with the order he shall be discharged and the recognizance returned to him. (b) If a person ordered to give recognizance and surety refuses or neglects to do so, the judge may order the person to show cause why he should not be committed to jail. If the judge finds that the person's default is willful or is due to his failure to make a good faith effort to obtain the surety required, the judge may order him committed to jail until the surety, or a specified part thereof is given, provided that such commitment shall not exceed six (6) months.

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7-3-504. Judgment against complainant; defects in complaint.

(a) If the person complained against is discharged after hearing because no probable cause is found and if the judge finds that the complaint was commenced maliciously and without reasonable cause on the part of the complainant, the judge may enter judgment against the complainant for the costs of the proceedings and the reasonable attorney's fees of the person complained against. If the person complained against is required to give recognizance the judge may assess the costs of the proceedings against him. (b) A proceeding to prevent an offense under this article shall not be dismissed because of any informality or insufficiency of the complaint or other document in the proceeding. The complaint may be amended by the judge to conform to the evidence in the case.

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7-3-505. Filing of recognizance; forfeiture.

A recognizance taken in accordance with W.S. 7-3-501 through 7-3-505 shall be filed by the clerk of the court in the court records. Upon a breach of the condition of the recognizance, the court shall declare a forfeiture of the security in the manner provided for the forfeiture of bail in criminal cases, except for good cause shown.

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7-3-506. Definitions.

(a) As used in W.S. 7-3-506 through 7-3-512: (i) "Court" means the circuit court in the county where an alleged victim of stalking or sexual assault resides or is found, where the alleged perpetrator of the stalking or sexual assault resides or is found or where an act of stalking or sexual assault occurred; (ii) "Order of protection" means a court order granted for the protection of a victim of stalking or a victim of sexual assault; (iii) "Sexual assault" means any act made criminal pursuant to W.S. 6-2-302 and 6-2-303 and 6-2-314 through 6-2-318 or an attempt or conspiracy to commit such act; (iv) "Stalking" means conduct as defined by W.S. 6-2-506(b).

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7-3-507. Petition for order of protection; contents;

prerequisites; appointment of an attorney; remote appearance at hearings. (a) A petition for an order of protection for a victim may be filed by: (i) The victim; (ii) If the victim consents, the district attorney on behalf of the victim; or (iii) Any person with legal authority to act on behalf of the victim if the victim is: (A) A minor; (B) A vulnerable adult as defined in W.S. 35-20-102(a)(xviii); (C) Any other adult who, because of age, disability, health or inaccessibility, cannot file the petition. (b) The petition shall be accompanied or supplemented by one (1) or more sworn affidavits setting out specific facts showing the alleged stalking or sexual assault and the identity of the alleged perpetrator. (c) No filing fee shall be charged for the filing of a petition under this section nor shall a fee be charged for service of process. (d) The attorney general shall promulgate a standard petition form that may be used by petitioners. The clerk of the circuit or district court shall make standard petition forms available to petitioners, with instructions for completion, without charge. If the petition is not filed by the district attorney, the court may appoint an attorney to represent the victim in the action. Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se. (e) A petition may be filed under this section whether or not the individual who is alleged to have engaged in a course of conduct prohibited under W.S. 6-2-506 or engaged in the conduct specified in W.S. 7-3-506(a)(iii) has been charged or convicted for the alleged crime. (f) For any hearing required or authorized for proceedings under W.S. 7-3-506 through 7-3-512, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.

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7-3-508. Temporary order of protection; setting hearing.

(a) Upon the filing of a petition for an order of protection, the court shall schedule a hearing on the petition to be conducted within seventy-two (72) hours after the filing of the petition, and shall cause each party to be served, either within or outside of this state, with an order to appear, a copy of the petition and a copy of the supporting affidavits. Service shall be made upon each party at least twenty-four (24) hours before the hearing. The failure to hold or complete the hearing within seventy-two (72) hours shall not affect the validity of the hearing or any order issued thereon. (b) If the court determines from the specific facts shown by the petition and supporting affidavits that there exists a clear and present danger of further stalking, sexual assault or of serious physical adverse consequences to any person, the court may grant ex parte a temporary order of protection pending the hearing, and shall cause a copy of the temporary order of protection to be served on each party, either within or outside of this state. The court may prescribe terms in the temporary order of protection which it deems sufficient to protect the victim and any other person pending the hearing, including but not limited to the elements described in W.S. 7-3-509(a). (c) A temporary order of protection issued under paragraph (b) of this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7-3-510(c) and can result in immediate arrest. The order shall also state that a violation that constitutes the offense of stalking as defined by W.S. 6-2-506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e). (d) An ex parte temporary order of protection issued under this section shall not be admissible as evidence in any subsequent criminal proceeding or civil action for damages arising from the conduct alleged in the petition or the order. (e) No testimony or evidence of the alleged actor in a hearing pursuant to subsection (a) of this section shall be admissible, including for impeachment purposes, or be deemed a waiver of any protection against self-incrimination under the constitution of the United States or of the state of Wyoming unless, prior to the hearing, an information or indictment has been filed in a district court charging the alleged actor of a violation of sexual assault as defined by W.S. 7-3-506(a)(iii).

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7-3-509. Order of protection; contents; remedies; order not to affect title to property.

(a) Following a hearing under W.S. 7-3-508(a) and upon a finding that conduct constituting stalking or sexual assault has been committed, the court shall enter an order of protection ordering the respondent to refrain from any further acts of stalking or sexual assault involving the victim or any other person. As a part of any order of protection, the court may direct that the respondent: (i) Stay away from the home, school, business or place of employment of the victim or any other locations the court may describe in the order; and (ii) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged offense and any other persons, including but not limited to members of the family or household of the victim, as the court may describe in the order. Prohibited contact under this paragraph includes telephone calls, mail, e-mail, texting, fax, contacting through social media using the internet or similar technology and any other form of communication. (b) The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 7-3-510(c) and can result in immediate arrest. The order shall also state that a violation that constitutes the offense of stalking as defined by W.S. 6-2-506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e). (c) A request by the victim for the perpetrator to violate an order of protection issued under this section or a temporary order of protection issued under W.S. 7-3-508 shall constitute an affirmative defense to a charge of violation of the order by the perpetrator.

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7-3-510. Service of order; duration and extension of

order; violation; remedies not exclusive; order effective during appeal or review. (a) An order of protection granted under W.S. 7-3-509 shall be filed with the clerk of court and a copy shall be sent by the clerk to the county sheriff who shall, after service, notify the local law enforcement agency within the county in which the petitioner resides. The order shall be personally served upon the respondent unless the respondent or the respondent's attorney was present in person or by remote means at the time the order was granted. (b) Except as otherwise provided by this subsection, an order of protection granted by the court under W.S. 7-3-509 shall be effective for a fixed period of time not to exceed three (3) years, subject to the following: (i) Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time, not to exceed three (3) years each, if the court finds from specific facts that a clear and present danger to the victim continues to exist. Any extension of an order of protection under this paragraph shall be served upon the respondent by mailing the order to the last known address of the respondent on file with the clerk of court by certified and first-class mail, and shall constitute valid notice of the extension; (ii) If a party subject to an order of protection is sentenced and incarcerated or becomes imprisoned, the running of the time remaining for the order of protection shall be tolled during the term of incarceration or imprisonment. The conditions and provisions of an order of protection shall remain in effect during any period of tolling under this paragraph. Upon release from incarceration or imprisonment the effective period of the order of protection shall be the amount of time remaining as of the first day of the term of incarceration or imprisonment or one (1) year from the date of release, whichever is greater. (c) Willful violation of a temporary order of protection issued under W.S. 7-3-508 or of an order of protection issued under W.S. 7-3-509 is 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 temporary order of protection issued under W.S. 7-3-508 and an order of protection issued under W.S. 7-3-509 shall have statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order. (d) The remedies provided by W.S. 7-3-506 through 7-3-512 are in addition to any other civil or criminal remedy available under the law. (e) An order of protection granted under W.S. 7-3-506 through 7-3-512 shall remain effective during the pendency of any appeal or review of the order of protection or any decision to modify or extend the order of protection, unless a court orders a stay during the pendency of the appeal or review.

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7-3-511. Emergency assistance by law enforcement officers; limited liability.

(a) A person who allegedly has been a victim of stalking or sexual assault may request the assistance of a law enforcement agency, which shall respond to the request in a manner appropriate to the circumstances. (b) A law enforcement officer or agency responding to the request for assistance may take whatever steps are reasonably necessary to protect the victim, including: (i) Advising the victim of the remedies available under W.S. 7-3-506 through 7-3-512 and the availability of shelter, medical care, counseling, safety planning, victim's rights counseling and other services; (ii) Advising the victim, when appropriate, of the procedure for initiating proceedings under W.S. 7-3-506 through 7-3-512 or criminal proceedings and the importance of preserving evidence; and (iii) Providing or arranging for transportation of the victim to a medical facility or place of shelter. (c) Any law enforcement agency or officer responding to a request for assistance under W.S. 7-3-506 through 7-3-512 is immune from civil liability when complying with the request, provided that the agency or officer acts in good faith and in a reasonable manner.

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7-3-512. Confidentiality in court proceedings.

The court shall enter an order providing for the confidentiality of the name, address, city and state of residence or any other information identifying residence of all parties involved in the sexual assault for all orders issued under W.S. 7-3-508 and 7-3-509.

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7-3-601. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-602. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-603. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-604. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-605. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-606. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-607. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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7-3-608. Repealed By Laws 2001, Ch. 140, § 2.

Repealed By Laws 2001, Ch. 140, § 2.

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