continuing education; appointment of persons with specific skills.
(a) The director shall appoint agents who are professional law enforcement officers of honesty, integrity and outstanding ability. Agents shall be adults and shall have at least five (5) years experience in law enforcement including the detection and investigation of criminal activities or shall possess the educational qualifications required by the director after consultation with and approval by the attorney general and the personnel division.
(b) The director shall establish a system of continuing education and training to ensure that agents of the division are informed of developments in criminal investigative techniques, criminal law and the law of criminal procedure.
(c) The director may employ persons possessing specific skills in the areas of forensic science, criminal identification and the gathering, processing, analysis and security of criminal intelligence.
(d) The director may appoint as agents persons possessing specific skills in the area of criminal investigation.
9-1-614. Division agents; administrative and clerical employees.
Subject to the requirements of the personnel division, the director may employ administrative and clerical employees necessary for the efficient operation of the division.
9-1-616. Cooperation with other law enforcement agencies; concurrent jurisdiction.
(a) The division shall cooperate with federal, state, tribal and local law enforcement agencies and officers for the efficient investigation of criminal activity and swift apprehension of persons suspected of violating the criminal laws of this state.
(b) The division shall have concurrent jurisdiction and powers with, and shall not usurp or supersede the jurisdiction and powers of any other law enforcement agencies and officers in this state. However this limitation shall not apply to functions of the division described in W.S. 9-1-618(b).
(c) The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, shall cooperate with similar agencies of other states and the federal government for the purpose of developing and carrying on a complete interstate, national and international system of criminal identification.
9-1-617. Agents to be safeguarded as peace officers.
Any agent required to perform any official function under this act is entitled to the protections, defenses or immunities provided by law to safeguard a peace officer in the performance of official acts.
9-1-618. Agents to be safeguarded as peace officers;
general assistance to state, county or local authorities; investigative duties.
(a) With approval of the attorney general, the division may:
(i) Assist a state, county or local law enforcement authority which requests assistance in investigating and detecting crime and in enforcing the criminal laws of the state;
(ii) Assist in the preparation and prosecution of any criminal case when assistance is requested by a county or district attorney.
(b) The division shall investigate:
(i) Suspected criminal activity when directed by the governor to do so;
(ii) Suspected violations of the Wyoming Controlled Substances Act of 1971 and shall perform all the duties of a law enforcement officer under that act;
(iii) Organized crime which crosses jurisdictional boundaries of local law enforcement agencies;
(iv) Suspected violations of computer crimes as specified in W.S. 6-3-501 through 6-3-507;
(v) Suspected violations involving the sexual exploitation of children as specified in W.S. 6-4-303;
(vi) Conveyances, as defined by 19-13-501(a)(i), within or near designated critical infrastructure zones. The division may investigate whether any conveyance reported by county clerks in accordance with W.S. 19-13-501 and 19-13-502 may result in a threat to national or state security or whether the conveyance involves a designated country or person as defined by W.S. 19-13-501(a)(iv). The attorney general or, with the attorney general's approval, the division may subpoena witnesses, compel their attendance and require the production of records and other evidence to determine:
(A) Whether a conveyance located up to five (5) miles from a designated critical infrastructure zone threatens national or state security;
(B) Whether a conveyance involves a designated country or person as defined by W.S. 19-13-501(a)(iv);
(C) The actual identity of a party to a conveyance located up to five (5) miles from a designated critical infrastructure zone.
(vii) Incidents involving domestic terrorism or disasters related to homeland security as specified in W.S. 19-13-102(a)(ii).
9-1-619. Agents to be safeguarded as peace officers; duty of sheriffs and police to receive and detain prisoners.
Any sheriff, chief of police or other person having charge of a jail or other place of detention shall receive any prisoner arrested by agents of the division within the jurisdiction served by the jail or place of detention and shall detain the person in custody in the same manner as if he were arrested by a peace officer within the jurisdiction.
9-1-620. Agents to be safeguarded as peace officers;
agents' credentials; accepting rewards prohibited; oath; political participation prohibited.
(a) The attorney general shall issue proper credentials to each agent of the division.
(b) An agent or employee of the division shall not accept a reward offered for the apprehension or conviction of any person or for the recovery of any property.
(c) Each agent of the division shall subscribe to the oath or affirmation required of other public officials.
(d) An agent or employee of the division shall not participate in partisan, state or local politics.
identification systems; information recorded; persons included; systematic maintenance and indexing.
(a) The division shall establish and maintain complete systems for the identification of criminals which comply with modern and accepted methods in the field of criminal identification. The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, shall obtain, file and preserve for record plates, photographs, outline pictures, fingerprints, measurements, descriptions, modus operandi statements and other information relating to persons who have been:
(i) Convicted of or arrested for any felony;
(ii) Convicted of or arrested for a high misdemeanor or other misdemeanor determined by the division;
(iii) Convicted of violating any of the military, naval or criminal laws of the United States; or
(iv) Convicted of a crime in any other state, country, district or province which, if committed within this state, would be a felony.
(b) All information kept by the division shall be maintained, recorded and indexed in a systematic manner for the purpose of providing a convenient and expeditious method of consultation and comparison.
9-1-624. Division of criminal investigation; uniform
procedures and forms for collecting and disseminating identification data; missing persons repository; annual crime statistics report; cold case database; agencies to cooperate.
(a) The division shall:
(i) Establish uniform procedures and forms for collecting and disseminating criminal identification data;
(ii) Assist law enforcement agencies in establishing and implementing uniform procedures;
(iii) Cooperate with the law enforcement academy to provide to law enforcement agencies and their personnel training, assistance and instruction in the gathering and dissemination of criminal identification data;
(iv) Provide a system for communicating criminal identification data among law enforcement agencies in and outside the state;
(v) Act as a central repository of information and operate a clearinghouse database on missing persons from Wyoming. As a function of the central repository:
(A) The division shall prepare and make publicly available an annual report on information compiled from the missing person clearinghouse. The report shall include biographical information collected on missing persons and include information submitted by federal, state, tribal and local law enforcement agencies located in Wyoming;
(B) The division may make publicly available information about ongoing missing person investigations, including reports of missing persons submitted to law enforcement agencies under W.S. 7-2-109, to aid the efficient investigation and swift recovery of missing persons or when otherwise in the public interest.
(vi) At least annually, compile a report on Wyoming crime statistics and make the report publicly available. The report shall include crime statistics submitted by federal, state, tribal and local law enforcement agencies in addition to the information received pursuant to W.S. 7-19-407 and 7-20-107;
(vii) Develop and maintain a cold case database, subject to the following:
(A) As used in this section, "cold case" means a homicide or felony sexual offense that remains unsolved for two (2) years or more after being reported to a law enforcement agency;
(B) The division shall adopt rules specifying the information for each cold case that shall be collected from law enforcement agencies in the state and maintained in the database;
(C) Each law enforcement agency in the state that has a cold case committed or reported on or after January 1, 1972 shall provide to the division the information specified by rule of the division for inclusion in the database.
(b) All law enforcement agencies within the state shall cooperate with the division in establishing and maintaining an efficient and coordinated system of identification and in reporting missing persons and cold case information to the division.
9-1-625. Division of criminal investigation; adult
arrestees to be processed accordingly; data on persons in state custodial institutions; minors.
(a) When an adult is arrested for a felony, high misdemeanor or other misdemeanor determined by the division, the law enforcement agency responsible for the arrest shall process the person in accordance with the uniform procedures prescribed by the division. The law enforcement agency shall send to the division any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, and any additional information requested by the division. An agency making arrests covered by this section may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf.
(b) The administrators of state penal institutions and the superintendents of the Wyoming boys' school and the Wyoming girls' school shall furnish to the division, in the manner and according to the methods prescribed by the division, photographs, fingerprints, modus operandi statements and other required identification of all persons confined in the respective institutions together with any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109.
(c) No minor shall be photographed or fingerprinted except in accordance with the Juvenile Justice Act.
9-1-627. Authority to compile, disseminate and exchange
information; immunity; access to information limited; security precautions.
(a) Any law enforcement officer, the attorney general and his deputies and assistants, and any prosecuting attorney may:
(i) Take fingerprints, photographs and other information relating to criminal identification;
(ii) Compile reports or other documents in writing containing criminal intelligence information, including statements taken from police informants and reports based on the investigation and surveillance of suspected criminal activity;
(iii) Disseminate and exchange criminal identification data and criminal intelligence information among themselves and among law enforcement agencies of other states, tribes or of the federal government.
(b) A person authorized under this section to disseminate or exchange information is not civilly or criminally liable for contributing or for disseminating to authorized persons criminal identification data or criminal intelligence information.
(c) Access to criminal identification and intelligence information is available to law enforcement agencies, the state board of parole and department of corrections as provided by W.S. 7-13-401 through 7-13-411, any agency designated for the purpose provided by W.S. 14-6-227 and the department of family services. Each agency which has that information shall take reasonable security precautions to prevent unauthorized persons from gaining access to it in accordance with rules and procedures established by the division. The rules and procedures may be varied between agencies, depending upon the division's determination of the agency's use of the criminal identification and intelligence information and the adequacy of the agency's security of the information provided by the division under this section.
(d) Access to criminal history record information is available to the Wyoming gaming commission as provided for by law. The commission shall take reasonable security precautions to prevent unauthorized persons from gaining access to criminal history record information in accordance with rules and regulations established by the Wyoming division of criminal investigation. For the purpose of this subsection "criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files of statistical records and reports in which individual identities are not ascertainable.
9-1-633. Wyoming law enforcement academy; director;
appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.
(a) A director of the Wyoming law enforcement academy shall be appointed by the attorney general with the consent of the governor. The director shall serve at the pleasure of the attorney general. He shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general.
(b) The director may employ assistants, instructors and other personnel as approved by the attorney general with the consent of the governor. The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9-1-701 through 9-1-707. The director may appoint full-time staff instructors who qualify pursuant to W.S. 9-1-701 through 9-1-707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:
(i) When on law enforcement academy property;
(ii) When providing security for state personnel or at designated state events or activities;
(iii) When providing security for designated individuals on or about state property; or
(iv) While acting pursuant to W.S. 7-2-106.
(c) The director and staff shall receive salaries fixed by the Wyoming personnel division, department of administration and information.
(d) The academy shall provide education in law enforcement related areas to Wyoming peace officers. The attorney general shall be assisted by, and shall have the curriculum and training programs at the academy evaluated by the Wyoming peace officer standards and training commission.
(e) The director shall charge and collect a fee of at least fifteen dollars ($15.00) per student per day for advanced courses which exceed the basic statutory requirements. The director shall waive the fees for the division of criminal investigation and may waive the fees for offices, departments or agencies which allow their officers to instruct at the academy at no charge.
(f) The director shall charge and collect a fee sufficient to cover actual direct and indirect costs of coroner basic courses. The fee shall be at least three hundred dollars ($300.00) per student attending the coroner basic courses.
(g) The director may allow the use of academy facilities by governmental agencies other than law enforcement and shall charge a fee based on actual direct and indirect costs for that use.
(h) No fees shall be charged for:
(i) Peace officer basic courses;
(ii) Detention officer basic courses;
(iii) Repealed By Laws 1999, ch. 148, § 2.
(j) To the extent space is available and under policies established by the director and approved by the attorney general, the academy may permit persons other than peace officers to attend training courses it offers and to charge a fee to recover, at a minimum, the cost of the training and all services provided in conjunction therewith. Prior to admittance a person shall meet all requirements of W.S. 9-1-704(b)(i) through (viii) providing for any background investigation and examinations at the cost of the applicant.
(k) Repealed by Laws 2003, Ch. 120, § 3.
(m) The director shall establish an outreach training services program whereby certain updates, specialized or advanced training courses may be provided locally. The director may seek assistance from the appropriate entities in determining the amount and the specific courses to be offered under the program. The director shall charge and collect a fee to cover the development, delivery and material costs of the training offered by the program.
(n) Revenues received pursuant to subsections (e), (f), (g), (j) and (m) of this section and W.S. 9-1-635 and 31-5-1201(h) shall be credited to an account in the enterprise fund and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services for which the revenues are generated.
(o) As used in this section "full-time staff instructor" means an instructor employed at the academy who works on a yearly basis, with a normal work week of thirty-two (32) or more hours.
9-1-634. Academy to provide coroner training; certification of completion.
(a) The director of the Wyoming law enforcement academy shall provide at the academy or other location within the state a basic coroner's course of at least forty (40) hours. The course shall comply with standards promulgated by the peace officers standards and training commission and the board of coroner standards.
(b) The executive director of the peace officers standards and training commission shall issue an appropriate certificate of completion to any coroner or deputy coroner who completes a coroner training course offered by the academy or which the board of coroner standards has certified as meeting board standards.
9-1-635. Dispatcher training course; certificate upon completion; fees.
(a) The director of the Wyoming law enforcement academy or other training agency may provide at the academy or other location within the state a basic dispatcher course. The course shall comply with standards promulgated by the peace officers standards and training commission.
(b) The director of the Wyoming law enforcement academy or other training agency shall issue an appropriate certificate of course completion to any dispatcher who completes the required training.
(c) Fees charged for dispatcher courses held at the Wyoming law enforcement academy shall be the same as those charged for peace officer courses.
9-1-636. Division of victim services; created; appointment
of director and deputy director; administrative and clerical employees; definitions.
(a) The division of victim services is created within the office of the attorney general.
(b) With the approval of the governor, the attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.
(c) With the consent of the attorney general and the governor, and subject to legislative appropriation, the director may:
(i) Appoint a deputy director who shall serve at the pleasure of the attorney general and shall perform duties as assigned by the director;
(ii) Employ administrative and other specialized personnel necessary to carry out the functions of the division.
(d) As used in this act:
(i) "Board" means the victim services division advisory board;
(ii) "Crisis intervention services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;
(iii) "Director" means the director of the division;
(iv) "Division" means the victim services division within the office of the attorney general;
(v) "Domestic abuse" means as defined by W.S. 35-21-102(a)(iii);
(vi) "Household member" means as defined by W.S. 35-21-102(a)(iv);
(A) Repealed By Laws 2003, Ch. 173, § 2.
(B) Repealed By Laws 2003, Ch. 173, § 2.
(C) Repealed By Laws 2003, Ch. 173, § 2.
(D) Repealed By Laws 2003, Ch. 173, § 2.
(E) Repealed By Laws 2003, Ch. 173, § 2.
(F) Repealed By Laws 2003, Ch. 173, § 2.
(G) Repealed By Laws 2003, Ch. 173, § 2.
(vii) "Sexual assault" means any act made criminal under W.S. 6-2-302 through 6-2-304, 6-2-314 through 6-2-317 and 6-4-402;
(viii) "Shelter services" means temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic and family violence and sexual assault and their children;
(ix) "This act" means W.S. 9-1-636 through 9-1-638.
9-1-637. Division of victim services; duties of director.
(a) The director shall:
(i) Supervise and direct all activities of the division;
(ii) Report to the attorney general regarding all functions of the division;
(iii) Serve as the state's representative on local, state and national organizations dealing with victim services;
(iv) Serve as the state's liaison with local governmental entities and community service providers to facilitate cooperative efforts to provide victim services;
(v) Consult and cooperate with other departments and agencies involved in victim services;
(vi) Provide public information and education concerning issues relating to victims;
(vii) Receive and take appropriate action to resolve complaints regarding violations of rights afforded to victims under the Victims Bill of Rights, W.S. 1-40-201 through 1-40-210.
9-1-638. Division of victim services; duties and responsibilities.
(a) The division of victim services shall:
(i) Administer a comprehensive statewide plan that provides victim services including, but not limited to, a state program of shelter services for victims of domestic abuse and sexual assault;
(ii) Provide services for victims of crime consistent with current federal funding levels and surcharge funds;
(iii) Review and evaluate all programs receiving appropriated funds;
(iv) Coordinate and provide training, grant application assistance and other support for community based programs and services for victims;
(v) Establish minimum program standards and uniform reporting procedures for community based services and programs for victims supported by state funds and state administered federal funds, including a requirement that each provider of community based services and programs submit an annual unduplicated count of the number of victims it served in accordance with rules and regulations promulgated by the division;
(vi) Enter into contracts for victim services with public or private agencies. The division shall not contract with any entity that is not in substantial compliance with the standards and guidelines promulgated by the division. On all contracts that have not been entered into by competitive bidding, the director shall record on the contract why competitive bidding was not considered;
(vii) Subject to the approval of the attorney general, promulgate rules and regulations necessary to implement the duties and responsibilities assigned to the division;
(viii) Review division of criminal investigation reports from the missing person clearinghouse, as provided in W.S. 9-1-624(a)(v), and coordinate with members of the judiciary, prosecutors, defense counsel, law enforcement and others to provide training on crimes related to missing and murdered persons in the state of Wyoming, including Indian missing and murdered persons.
(a) There is created a separate account which the attorney general shall use to account for:
(i) Monies the attorney general administers as trustee pursuant to law or agreement which restricts the use of the money to a specified purpose; and
(ii) Monies which the attorney general holds and disburses as an agent or attorney in fact, which shall include but not be limited to class action litigation recoveries that are to be distributed to any person or business organization, local government pass-through monies, and contingent fee contracts to be distributed to contract attorneys.
(b) All recoveries, including consumer protection recoveries and class action recoveries, where the attorney general is not designated as the administrator, the trustee or the agent for distribution purposes, shall be deposited into the general fund after deducting litigation costs reimbursed to the attorney general. For purposes of this subsection "litigation costs" shall include expert witness fees, filing fees, reporter costs, other witness fees and costs associated with depositions and discovery.
(c) Monies deposited to the account under subsection (a) of this section may be expended in accordance with W.S. 9-2-1005(b)(ii).
(d) Monies deposited into the account under subsection (a) of this section and not otherwise expended under subsection (c) of this section may be expended by the attorney general in accordance with the purposes for which the monies were received. Monies received by the attorney general for reimbursement of litigation expenses under subsection (b) of this section are continuously appropriated to the attorney general to be expended for the costs of providing the litigation services rendered to collect the recovered monies.
(e) Not later than November 1 of each year, the attorney general shall report to the joint appropriations interim committee on the expenditure of monies received pursuant to this section, W.S. 9-1-633, 9-1-635, 9-1-702 and 9-2-1005. The report shall include an account of the monies in the accounts created in this section for the last fiscal year.
9-1-640. Administrative subpoena authority for investigations of child exploitation.
(a) In any investigation relating to a state offense involving sexual exploitation of children under W.S. 6-4-303, and upon reasonable cause to believe that an Internet service account has been used in the exploitation or attempted exploitation of children, the attorney general or his chief deputy may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection
(b) of this section.
(b) Except as provided in subsection (c) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:
(i) Electronic mail address;
(ii) Internet username;
(iii) Internet protocol address;
(iv) Name of account holder;
(v) Billing and service address;
(vi) Telephone number;
(vii) Account status;
(viii) Method of access to the Internet;
(ix) Automatic number identification records if access is by modem.
(c) The provider of electronic communication service or remote computing service shall not disclose the following except pursuant to a warrant:
(i) In-transit electronic communications;
(ii) Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;
(iii) Account passwords;
(iv) Account content to include:
(A) Electronic mail in any form;
(B) Address books or contact/"buddy" lists;
(C) Financial records;
(D) Internet proxy content or "Web surfing" history;
(E) Files or other digital documents stored within the account or pursuant to use of the account.
(d) At any time before the return date specified on the subpoena, the person summoned may, in the district court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court.
(e) A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.
(f) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general shall either destroy the records and documentation or return them to the person who produced them.
(g) A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under the common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service.
(h) The attorney general shall annually report the following information to the joint judiciary interim committee no later than February 1 for the preceding calendar year:
(i) The number of requests for administrative subpoenas made under this section;
(ii) The number of administrative subpoenas issued under this section;
(iii) The number of administrative subpoenas issued under this section that were contested;
(iv) The number of administrative subpoenas issued under this section that were suppressed;
(v) The number of search warrants that were issued as a consequence of the issuance of an administrative subpoena under this section;
(vi) The number of individuals who were prosecuted under W.S. 6-4-303 following the issuance of an administrative subpoena under this section.
(j) Except as provided in subsection (h) of this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.
9-1-641. Internet crimes against children task force program account; definitions.
(a) As used in this section:
(i) "ICAC task force" means the internet crimes against children task force that is located in this state and recognized by the United States department of justice;
(ii) "Account" means the ICAC task force program account created by this section.
(b) There is created the ICAC task force program account to provide a stable funding source for the ICAC task force in Wyoming. The account shall consist of:
(i) Funds appropriated by the legislature directly to the account; and
(ii) Grants, gifts and donations accepted by the attorney general and directed to the account.
(c) All funds in the account are continuously appropriated to the division of criminal investigation solely to support the administration and activities of law enforcement in efforts to combat internet crimes against children. Unless otherwise specifically provided, appropriations to the account shall not lapse or revert at the end of the fiscal period and shall remain in the account. Interest or other earnings on funds within the account shall be credited to the account.
(a) As used in this act:
(i) "Commission" means the peace officer standards and training commission;
(ii) "County" means any county which has a law enforcement unit in its jurisdiction;
(iii) "Detention officer" means a person who is employed by a county or municipality on a full-time basis to care for, supervise and control persons detained in a jail or holding facility;
(iv) "Director" means the executive director of the commission;
(v) "Immediate family member" means a spouse, child or parent;
(vi) "Law enforcement unit" means a public agency having police power and charged with enforcing state criminal statutes or municipal ordinances;
(vii) "Municipality" means an incorporated city or town which has a law enforcement unit in its jurisdiction;
(viii) "Part-time or reserve peace officer" means any person having peace officer authority acting less than full time in the service of any county, municipality or state agency, whether compensated or not;
(ix) "Peace officer" means a person as defined by W.S. 7-2-101;
(x) "Peace officer training" means an approved school or local peace officer training program authorized by the commission to train peace officers;
(xi) "Permanent basis" means employed full time as a peace officer;
(xii) "This act" means W.S. 9-1-701 through 9-1-711;
(xiii) "Dispatcher" means a person who is employed by a state, county or municipal law enforcement agency, fire service or licensed ambulance service on a full or part-time basis, to answer and dispatch calls for emergency and nonemergency situations via designated law enforcement and emergency telecommunications equipment;
(xiv) "Certified correctional officer" means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise, control and maintain custody of persons confined in Wyoming department of corrections institutions and who has completed all requirements for certification as a correctional officer under this act;
(xv) "Correctional officer" means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions;
(xvi) "Correctional officer training" means an approved Wyoming department of corrections preservice academy or other correctional officer training program authorized by the commission to train correctional officers for the state;
(xvii) "Part-time correctional officer" means a person is employed by the Wyoming department of corrections on a part-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions.
meetings; publication of procedures; standards for certified training; powers and duties.
(a) The peace officer standards and training commission is created. It shall be composed of the attorney general and the following six (6) members who shall be appointed by the governor for a term of three (3) years commencing July 1, 1991, who may be reappointed to subsequent terms and who may be removed by the governor as provided by W.S. 9-1-202:
(i) One (1) representative of a municipal law enforcement agency;
(ii) One (1) representative of a county law enforcement agency;
(iii) One (1) representative of a state law enforcement agency;
(iv) One (1) person who is actively engaged in law enforcement training; and
(v) Two (2) persons at large.
(b) Members of the commission shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for travel and per diem expenses incurred in the performance of their duties.
(c) The commission shall hold at least two (2) meetings per year.
(d) With the approval of the governor, the commission shall establish and publish its procedures.
(e) The commission shall establish standards for certification of peace officer training. The commission shall establish:
(i) Requirements concerning courses of study, attendance, equipment and facilities for peace officer training;
(ii) Qualifications for peace officer training instructors;
(iii) Basic training requirements for peace officers appointed on a permanent basis;
(iv) Basic training requirements for part-time or reserve peace officers;
(v) Basic training requirements for detention officers;
(vi) Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to the categories or classifications.
(f) The commission shall:
(i) Recommend to the director studies, surveys and reports regarding the purposes of this act;
(ii) Visit and inspect any peace officer training program at any appropriate time;
(iii) Adopt reasonable rules and regulations pursuant to the Wyoming Administrative Procedure Act;
(iv) Prescribe reasonable minimum qualifications relating solely to physical, mental and moral fitness for persons recruited, appointed or retained as peace officers or dispatchers by the state or a political subdivision;
(v) Grant, suspend or revoke certification of peace officers or dispatchers for substantial failure to comply with this act or the rules of the commission, subject to the contested case procedures of the Wyoming Administrative Procedure Act.
(g) The commission shall establish course requirements and continuing education requirements for coroner training.
(h) The commission shall establish course requirements and continuing education requirements for public safety dispatcher training.
(j) The commission may establish examination and certification fees for administering its duties under this article in accordance with W.S. 33-1-201. Revenues received pursuant to this subsection shall be credited to a separate account and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services generating the revenues.
(k) The commission shall adopt rules and regulations to:
(i) Establish course requirements and continuing education requirements for correctional officer training; and
(ii) Establish procedures and criteria for the issuance, denial, renewal, suspension and revocation of correctional officer certification. Grounds for denial, suspension or revocation of certification shall include the substantial failure to comply with this act or the rules of the commission. Proceedings regarding a denial, suspension or revocation of certification shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.
9-1-703. Director; appointment; term; powers and duties.
(a) The director of the commission shall be appointed by the commission with the approval of the governor. The director shall hold office at the pleasure of the commission and with the concurrence of the governor. He shall perform the functions and duties assigned to him by the chairman of the commission.
(b) With the approval of the commission, the director may:
(i) Appoint officers, employees, agents and consultants and prescribe their duties;
(ii) Inspect and approve peace officer and correctional officer training academies, issue certificates of approval to academies and revoke approval or certificates;
(iii) Certify as qualified instructors at approved peace officer and correctional officer training academies and issue appropriate certificates to instructors;
(iv) Certify peace officers, correctional officers and dispatchers who have satisfactorily completed the basic training programs as outlined in this act and issue appropriate certificates to peace officers, correctional officers and dispatchers;
(v) Cause surveys to be made relating to the establishment and operation of peace officer and correctional officer training academies;
(vi) Consult and cooperate with peace officer and correctional officer training academies for the development of the basic and advanced training programs for peace officers;
(vii) Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for peace officers in the areas of police science, police administration and the social sciences and other related areas;
(viii) Consult and cooperate with other departments and agencies concerned with peace officer and correctional officer training;
(ix) Report to the commission at regular meetings of the commission and at other times as required and recommend denial, suspension or revocation of certification of a peace officer, correctional officer or dispatcher to the commission as deemed necessary;
(x) Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for correctional officers in the areas of inmate management, group dynamics, correctional facility operations, the social sciences and other related areas.
9-1-704. Qualifications for employment as a peace officer;
loss of certification for felony conviction; termination from employment.
(a) Within fifteen (15) days after the appointment, termination, resignation or death of any peace officer or dispatcher, written notice thereof shall be given to the commission by the employing agency.
(b) No county, sheriff, mayor, municipality, state agency or any other person authorized by law to appoint peace officers in this state shall appoint any person as a peace officer who does not meet the following qualifications. The person shall:
(i) Be a United States citizen;
(ii) Be an adult;
(iii) Be fingerprinted. Local, state and national fingerprint files shall be searched to determine if the applicant has a criminal record;
(iv) Not have been convicted of a crime for which he could have been imprisoned in a federal penitentiary or state prison;
(v) Hold a high school diploma or evidence of an equivalent achievement;
(vi) Have good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer;
(vii) Be free of any physical, emotional or mental conditions which might adversely affect his performance of duty as a peace officer. Physical condition shall be evaluated by a person licensed to practice medicine. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;
(viii) Pass an oral interview examination by the hiring agency.
(c) Notwithstanding any general, specific or local law or charter to the contrary, no person shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a peace officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved peace officer basic training program.
(d) No person shall be appointed as a peace officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer's basic training program.
(e) No person shall be appointed as a detention officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved detention officer basic training program.
(f) Every person who is appointed as a part-time or reserve peace officer shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer basic training program.
(g) Notwithstanding subsections (c) through (e) of this section, the commission may waive the basic peace officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant's ability in law enforcement. The applicant shall prove that he satisfactorily completed a basic peace officer training program which in the commission's opinion is comparable to that required by this section before waiver is granted.
(h) A person who is convicted of a felony after his appointment as a peace officer is ineligible for continued employment as a peace officer. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person's employing agency upon revocation of certification under this subsection.
(j) In the case of termination of a peace officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination. If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify. Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file. A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency. Unless otherwise prohibited by law, the commission shall, upon request provide to the potential employer all pertinent information which is in its possession.
(k) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.
(m) The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in subsection (b) of this section or prescribed by the commission under W.S. 9-1-702(f)(iv) or (v) for any person employed as a peace officer or detention officer by a law enforcement unit shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the employing agency for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a peace officer's or detention officer's initial certification, continuing certification, suspension, revocation or termination. The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the employing agency fails to provide the personnel file information within thirty (30) days of the commission's written request, the commission may file a petition with the district court for the release of the requested personnel file information.
9-1-705. Peace officer attending authorized school or training program entitled to wages and expenses.
Any peace officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of W.S. 9-1-704 shall be paid his wages as a peace officer by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.
requirements of W.S. 9-1-704; applicability of civil service provisions.
(a) Any person who has been employed on a permanent basis as a peace officer for ten (10) consecutive years prior to July 1, 1973, and who is currently employed as a peace officer, shall be certified as a peace officer by the director without having complied with W.S. 9-1-704(b) and (c).
(b) Repealed by Laws 1989, ch. 142, § 2.
(c) Nothing in this act shall be construed to except any peace officer from the provisions or requirements of civil service.
(d) An employing agency may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.
The commission may accept grants of money or materials or property of any kind from the federal government, the state, any agency or political subdivision of the state or any person upon the terms and conditions imposed by the grantor.
9-1-708. Certificate required for permanent employment;
temporary employment; waiver or modification of training requirements; wages during training; grandfather provisions.
(a) Notwithstanding any general, specific or local law or charter to the contrary, except as provided in subsection (b) of this section, no person shall be employed as a dispatcher on a permanent or temporary basis unless the person has been awarded a certificate by the director of the peace officer standards and training commission attesting to his satisfactory completion of a commission approved dispatcher basic training program. No county, sheriff, mayor, municipality, state agency or any other person authorized by law to employ dispatchers in this state shall employ any person as a dispatcher who does not meet the employment standards established by commission rule.
(b) A person shall only be employed as a dispatcher on a permanent or temporary basis for two (2) years unless within two (2) years from the original date of employment he is awarded a certificate by the peace officer standards and training commission attesting that he satisfactorily completed a commission approved dispatcher basic training program. The commission may extend the two (2) year time requirement of this section upon the written application of the dispatcher and his employer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a dispatcher or a member of his immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding two hundred ten (210) days.
(c) Notwithstanding subsections (a) and (b) of this section, the commission may waive the basic dispatcher training program and certify those applicants who pass a written examination provided by the commission and an oral interview attesting to the applicant's ability in law enforcement, fire and ambulance dispatching. The applicant shall prove that he satisfactorily completed a basic dispatcher training program which in the commission's opinion is comparable to that required by this section before waiver is granted.
(d) Any dispatcher attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a dispatcher by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.
(e) Any person who has been employed on a permanent basis as a dispatcher for three (3) consecutive years prior to July 1, 1991, or who has attended and successfully completed the peace officer's standards and training commission "communications personnel basic course" offered within the state of Wyoming, and who is currently employed as a dispatcher, shall be certified as a dispatcher by the director without having complied with subsection (b) or (c) of this section.
(f) A person who is convicted of a felony after his employment as a dispatcher is ineligible for continued employment as a dispatcher. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person's employing agency upon revocation of certification under this section.
(g) Nothing in this section shall be construed to except any dispatcher from any civil service provision or requirement.
(h) The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in W.S. 9-1-704(b) or prescribed by the commission under W.S. 9-1-702(f)(iv) or (v) for any person employed as a dispatcher required to be certified under this section shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the employing agency for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a dispatcher's initial certification, continuing certification, suspension, revocation or termination. The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the employing agency fails to provide the personnel file information within thirty (30) days of the commission's written request, the commission may file a petition with the district court for the release of the requested personnel file information.
9-1-709. Peace officers; retirement and disability credentials.
(a) The director of the peace officer standards and training commission shall authorize the issuance of a retirement or disability identification card to a retired or disabled peace officer upon receipt of an application meeting the requirements of subsection (b) of this section and payment of the required fee.
(b) The application for an identification card under this section shall be signed and verified by the applicant and shall include:
(i) The applicant's name and any other identifying information the commission may require;
(ii) Written verification from the employing agency, in a form satisfactory to the director, that the applicant prior to his retirement or disability was employed by a law enforcement unit in this state and was certified as a peace officer in good standing under this act;
(iii) Proof in a form satisfactory to the director, that the applicant has qualified for retirement under a state or local government retirement system as a peace officer member or suffered injury in the line of duty as a peace officer in this state which resulted in total or partial disability. For purposes of this section total or partial disability shall be determined by provisions of the retirement system of which the applicant was a member at the time of his injury, but the applicant need not qualify for disability benefits under the system in order to meet the requirements of this section.
(c) At the request of the director of the peace officer standards and training commission, the department of transportation shall prepare and issue an identification card under this section which shall contain:
(i) A distinguishing number assigned to the applicant;
(ii) The applicant's full legal name and resident address;
(iii) A brief description of the applicant including sex, height and weight;
(iv) The applicant's picture;
(v) Information identifying the applicant as a retired or disabled peace officer of the state of Wyoming including the name of the law enforcement unit employing the applicant and the highest rank held by the applicant;
(vi) The certification level held by the applicant under the peace officers standards and training commission.
(d) Identification cards issued under this section shall not expire. The commission shall keep records of data contained in identification cards and may confirm the authenticity of the card to any person.
(e) Upon submission by the applicant of a verified statement to the peace officers standards and training commission that an identification card issued under this section has been lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence required for issuance of an original identification card and paying the fee required by subsection
(f) of this section.
(f) Each applicant for an identification card under this section shall pay to the commission a fee of ten dollars ($10.00) which shall be credited to the highway fund.
(g) No person shall:
(i) Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card issued under this section;
(ii) Lend his identification card to any other person or knowingly permit its use by another;
(iii) Display or represent any identification card not issued to him as being his card;
(iv) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card issued under this section;
(v) Procure an identification card under this section by false swearing, fraud or false statement of any kind or in any form.
(h) Any person who violates any provision of subsection
(g) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.
9-1-710. Qualifications for employment as a correctional
officer; termination of employment; certification without compliance with the requirements of this section.
(a) Within fifteen (15) days after the appointment, termination, resignation or death of any correctional officer or certified correctional officer, written notice thereof shall be given to the commission by the employing agency.
(b) A state agency or any other person authorized by law to appoint correctional officers in this state shall not appoint any person as a correctional officer on or after July 1, 2005, who does not meet the following qualifications. The person shall:
(i) Be a United States citizen;
(ii) Be an adult;
(iii) Submit to fingerprinting and a search of local, state and national fingerprint files to determine whether the applicant has a criminal record, with a copy of the responses sent to the commission;
(iv) Not have been convicted of any crime for which the applicant could have been punished by imprisonment in a federal or a state penitentiary, unless his conviction is reversed or annulled or he receives a pardon;
(v) Hold a high school diploma or equivalent achievement, with proof forwarded to the commission;
(vi) Be of good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any new applicant for employment as a correctional officer before the applicant may be employed or begin training as a correctional officer;
(vii) Be free of any physical, emotional or mental conditions which might adversely affect the applicant’s performance as a correctional officer. Physical condition shall be evaluated by a person licensed to practice medicine and by application of a standardized physical fitness performance test as specified by the hiring agency. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;
(viii) Successfully pass an oral interview examination and other preemployment examinations specified by the hiring agency.
(c) A person shall not receive an original appointment as a certified correctional officer or hold an appointment on a permanent basis as a certified correctional officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.
(d) A person shall not be appointed as a correctional officer on a permanent basis on or after July 1, 2006 unless within one (1) year from the date of his original appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer's basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission. The commission may extend the one (1) year time requirement of this section upon the written application of the correctional officer and his employer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a correctional officer or a member of his immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding one hundred eighty (180) days.
(e) Every person who is appointed as a part-time correctional officer on or after July 1, 2005, shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.
(f) Notwithstanding subsections (b) through (e) of this section, the commission may, upon the recommendation of the employing agency, waive the basic correctional officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant's ability and core competencies in corrections. The applicant shall prove that he satisfactorily completed a basic correctional officer training program which in the commission's opinion is comparable to that required by this section before waiver is granted.
(g) Any correctional officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a correctional officer by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.
(h) A person who is convicted of a felony after his appointment as a correctional officer is ineligible for continued employment as a correctional officer. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person's employing agency upon revocation of certification under this subsection as defined by the commission.
(j) In the case of termination of a certified correctional officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination. If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify. Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file. A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency. Unless otherwise prohibited by law, the commission shall, upon request, provide to the potential employer all pertinent information which is in its possession.
(k) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.
(m) Any person who has been employed on a permanent basis as a correctional officer for five (5) consecutive years, and who is employed as a correctional officer by the Wyoming department of corrections on July 6, 2006, shall be certified as a certified correctional officer by the director without having complied with subsections (b) through (e) of this section.
(n) The Wyoming department of corrections may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.
(o) The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in subsection (b) of this section or established under W.S. 9-1-702(k)(ii) and subsection (n) of this section for any person employed as a certified correctional officer, correctional officer or part-time correctional officer by the department of corrections shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the department of corrections for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a correctional officer's initial certification, continuing certification, suspension, revocation or termination. The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the department of corrections fails to provide the personnel file information within thirty (30) days of the commission's request, the commission may file a petition with the district court for the release of the personnel file information.
9-1-711. Certification and hiring of currently certified peace officers, detention officers and dispatchers.
(a) A law enforcement unit may, following verification from the commission that a person is currently certified by the commission as a peace officer, detention officer or dispatcher, appoint that person to a respectively certified position without further investigation or examination.
(b) The commission shall provide in its rules for the certification to a prospective hiring law enforcement unit that a person is currently certified by the commission as a peace officer, detention officer or dispatcher.
(c) It is the sole responsibility of the prospective hiring law enforcement unit to verify that the person is employed in good standing by another law enforcement unit in this state.