Law

Title 25 Institutions of the State

Wyoming · 25 · statute

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Contents: 146 provisions
  1. 25-1-101. Repealed by Laws 1992, ch. 25, § 4.
  2. 25-1-102. Repealed by Laws 1992, ch. 25, § 4.
  3. 25-1-103. Repealed by Laws 1992, ch. 25, § 4.
  4. 25-1-104. Creation of department of corrections; duties;
  5. 25-1-105. Powers of department; care of persons committed outside of state.
  6. 25-1-106. Repealed by Laws 1992, ch. 25, § 4.
  7. 25-1-107. Repealed by Laws 1987, ch. 127, § 2.
  8. 25-1-108. Repealed by Laws 1987, ch. 127, § 2.
  9. 25-1-109. Repealed by Laws 1987, ch. 127, § 2.
  10. 25-1-110. Repealed by Laws 1987, ch. 127, § 2.
  11. 25-1-201. Establishment of state institutions.
  12. 25-2-101. Seal of warden; copies of papers displaying seal received as evidence.
  13. 25-2-102. Authority to establish and maintain penitentiary
  14. 25-2-103. Wyoming women's center; establishment; purpose; supervision.
  15. 25-2-104. Wyoming correctional facility; establishment; purpose; supervision.
  16. 25-3-101. Persons to be confined; notice; transportation to school.
  17. 25-3-102. Repealed by Laws 1987, ch. 200, § 1.
  18. 25-3-103. Discipline to be reformatory; employment of
  19. 25-3-104. Transfer of residents to state hospital; rules and regulations governing residents.
  20. 25-3-105. Control over residents; preparation of personal
  21. 25-3-106. Release of resident.
  22. 25-4-101. Girls to be committed; terms; notification of superintendent; transportation to school.
  23. 25-4-102. Nature of program and discipline; rules and
  24. 25-4-103. Personal record to be prepared; rehabilitation
  25. 25-5-101. Short title.
  26. 25-5-102. Definitions.
  27. 25-5-103. Wyoming life resource center established; purpose.
  28. 25-5-104. Administration and management of center.
  29. 25-5-105. Rules and regulations; reports.
  30. 25-5-106. Donations for benefit of center; control and disposition thereof.
  31. 25-5-107. Disposition of monies received from sale of products or as compensation.
  32. 25-5-108. Appointment of program manager; duties; removal.
  33. 25-5-109. Inability or refusal to pay for services.
  34. 25-5-110. Special education for minors and costs thereof.
  35. 25-5-111. Repealed by Laws 1986, ch. 25, § 3.
  36. 25-5-112. Repealed by Laws 1986, ch. 25, § 3.
  37. 25-5-113. Repealed by Laws 1986, ch. 25, § 3.
  38. 25-5-114. Eligibility for admission; appropriateness of services.
  39. 25-5-115. Preadmission screening for residential services;
  40. 25-5-116. Individual program plan; preparation and supervision thereof; review.
  41. 25-5-117. Admission for residential services; application
  42. 25-5-118. Release of voluntary client upon request; exceptions.
  43. 25-5-119. Involuntary admissions; application to district
  44. 25-5-120. Court order setting hearing on involuntary application; service of notice; waiver.
  45. 25-5-121. Rights of proposed client and notified persons;
  46. 25-5-122. Appeals to supreme court; rules governing.
  47. 25-5-123. Repealed By Laws 2008, Ch. 85, § 2.
  48. 25-5-124. Discharge of clients by administrator or by court; appeals to department.
  49. 25-5-125. Transfer of clients for temporary care and
  50. 25-5-126. Contracts with other states for interstate transfer of clients; payment of expenses therefor.
  51. 25-5-127. Repealed By Laws 2008, Ch. 85, § 2.
  52. 25-5-128. Repealed By Laws 2008, Ch. 85, § 2.
  53. 25-5-129. Admittance for temporary services; excepted provisions; limited duration.
  54. 25-5-130. Consent and notice required before major surgery; exceptions.
  55. 25-5-131. Confidentiality of records; exceptions; penalties for violations.
  56. 25-5-132. No determination of incompetency; notification
  57. 25-5-133. Restraint; conditions for use; strict administration of medication; prohibited uses.
  58. 25-5-134. Employment of clients within institution; wages; duties; discharge for cause.
  59. 25-5-135. Medications aides.
  60. 25-6-101. Authority of state to receive property; maintenance; sale and investment of proceeds.
  61. 25-7-101. Repealed By Laws 1998, ch. 7, § 2.
  62. 25-7-102. Repealed by Laws 1986, ch. 25, § 3.
  63. 25-8-101. Purpose.
  64. 25-8-102. Powers and duties of department of health.
  65. 25-8-103. Conditions for admission; charges for care.
  66. 25-8-104. Receipt and disposition of revenues and gifts.
  67. 25-9-101. Purpose; admission of veterans and veterans' dependents.
  68. 25-9-102. When nonveterans permitted admission; preference to veterans and veterans' dependents.
  69. 25-9-103. Acceptance of donations.
  70. 25-9-104. Medical care of residents; burial of deceased residents.
  71. 25-9-105. Disposition of monies received from national home for disabled volunteer soldiers.
  72. 25-9-106. Chaplain; appointment; term; duties.
  73. 25-10-101. Definitions.
  74. 25-10-102. Admittees subject to rules and regulations of department.
  75. 25-10-103. Admission of persons with mental illness to hospital or treatment center.
  76. 25-10-104. Duties of department of health as to hospitals other than state hospital.
  77. 25-10-105. Duties of department of health as to state hospital.
  78. 25-10-106. Voluntary applications for admission.
  79. 25-10-107. When voluntary patients shall be discharged.
  80. 25-10-108. Release upon request; exceptions; discharge plan.
  81. 25-10-109. Emergency detention.
  82. 25-10-110. Involuntary hospitalization proceedings.
  83. 25-10-110.1. Directed outpatient commitment proceedings.
  84. 25-10-111. Commitment or transfer to federal hospital;
  85. 25-10-112. Liability for costs of detention, involuntary hospitalization and proceedings therefor.
  86. 25-10-113. Duties of head of hospital upon admission; treatment of patients primarily needing medical care.
  87. 25-10-114. Transfer of inmates of penal institutions to state hospital; notice.
  88. 25-10-115. Transfer of patients to another hospital; notice.
  89. 25-10-116. Periodic examinations of patients;
  90. 25-10-117. Repealed by Laws 1989, ch. 147, § 2.
  91. 25-10-118. Objections to proposed transfer or continued hospitalization; notice; hearing; options of court.
  92. 25-10-119. Mechanical restraints; uses and reasons therefor recorded.
  93. 25-10-120. Rights of patients; commitment and treatment of persons being treated by prayer.
  94. 25-10-121. Admission not to create presumption as to competency nor ground for guardianship.
  95. 25-10-122. Records to be kept confidential; exceptions.
  96. 25-10-123. Discharge of patient held on order in action arising out of criminal offense.
  97. 25-10-124. Transfer of patients between states.
  98. 25-10-125. Clothing and transportation upon discharge.
  99. 25-10-126. Penalties for unwarranted hospitalization or denial of rights.
  100. 25-10-127. Convalescent status; discharge; readmittance.
  101. 25-10-128. Access to patient information.
  102. 25-10-129. Receipt and disposition of revenues and gifts.
  103. 25-10-201. Repealed by Laws 1989, ch. 50, § 4.
  104. 25-10-202. Repealed by Laws 1989, ch. 50, § 4.
  105. 25-10-203. Repealed by Laws 1989, ch. 50, § 4.
  106. 25-10-204. Repealed by Laws 1989, ch. 50, § 4.
  107. 25-10-205. Repealed by Laws 1989, ch. 50, § 4.
  108. 25-10-206. Repealed by Laws 1989, ch. 50, § 4.
  109. 25-10-207. Repealed by Laws 1989, ch. 50, § 4.
  110. 25-10-208. Repealed by Laws 1989, ch. 50, § 4.
  111. 25-10-209. Repealed by Laws 1989, ch. 50, § 4.
  112. 25-10-210. Repealed by Laws 1985, ch. 221, § 2.
  113. 25-10-211. Repealed by Laws 1989, ch. 50, § 4.
  114. 25-10-212. Repealed by Laws 1987, ch. 27, § 2.
  115. 25-10-213. Repealed by Laws 1989, ch. 50, § 4.
  116. 25-10-214. Repealed by Laws 1989, ch. 50, § 4.
  117. 25-10-301. Enactment into law; form.
  118. 25-10-302. Designation, powers and duties of compact administrator.
  119. 25-10-303. Supplementary agreements; approval required for full force and effect.
  120. 25-10-304. Discharge of financial obligations with director's approval.
  121. 25-10-305. Consultation with family of proposed transferee; court approval of final action.
  122. 25-10-401. Repealed by Laws 1990, ch. 24, § 2.
  123. 25-10-402. Repealed by Laws 1990, ch. 24, § 2.
  124. 25-10-403. Repealed by Laws 1990, ch. 24, § 2.
  125. 25-10-404. Repealed by Laws 1990, ch. 24, § 2.
  126. 25-11-101. Definitions.
  127. 25-11-102. Department to adopt schedule of costs for services and treatments; residents' accounts.
  128. 25-11-103. Determining financial ability and established
  129. 25-11-104. Reimbursement of general fund for payments.
  130. 25-11-105. Limitation on liability of responsible
  131. 25-11-106. Billings; assignment of insurance; collection or waiver of arrearages.
  132. 25-11-107. State to bear costs of those unable to pay.
  133. 25-11-108. Department to promulgate rules; forms.
  134. 25-12-101. Wyoming school for the deaf; establishment; purpose; supervision.
  135. 25-13-101. Definitions.
  136. 25-13-102. Correctional industries advisory board.
  137. 25-13-103. Correctional industries account.
  138. 25-13-104. Agreements with private employers; leases.
  139. 25-13-105. Voluntary employment.
  140. 25-13-106. Application of other laws.
  141. 25-13-107. Compensation of employed inmates; payment and disposition.
  142. 25-14-101. Purpose; admission of veterans and veterans'
  143. 25-14-102. Veterans' skilled nursing facility account;
  144. 25-14-103. Services for residents; administration; facility operation.
  145. 25-14-104. Payments for care.
  146. 25-14-105. Promulgation of rules.

Proposed changes to this act

No one has proposed a change to this act yet.

146 provisions

25-1-101. Repealed by Laws 1992, ch. 25, § 4.

Repealed by Laws 1992, ch. 25, § 4.

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25-1-102. Repealed by Laws 1992, ch. 25, § 4.

Repealed by Laws 1992, ch. 25, § 4.

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25-1-103. Repealed by Laws 1992, ch. 25, § 4.

Repealed by Laws 1992, ch. 25, § 4.

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25-1-104. Creation of department of corrections; duties;

inspections of state institutions; regulation of prisoner produced goods. (a) The department of corrections is created. The department consists of the director who is the chief administrative officer and such divisions as the director may create. (b) The department of corrections has general supervision, control and custody of all penal institutions, and responsibility for the maintenance and repair of all buildings and grounds utilized by the institutions. Specifically the department has general supervision and control of, and shall provide for the care and maintenance of all inmates in the following state institutions: (i) Wyoming state penitentiary; (ii) Wyoming honor farms and camps; (iii) Wyoming women's center; (iv) Wyoming medium correctional institution; (v) Adult community correctional facilities defined by W.S. 7-18-102(a)(i). (c) The department of corrections has general supervisory authority over state parolees and, subject to the order of the sentencing court, over probationers for whom the sentencing court requests supervision under W.S. 7-13-410(b). (d) The director shall: (i) Personally inspect all state institutions under the department's supervision and control at least once every year; (ii) Direct the general management of all state penal institutions enumerated in W.S. 25-1-104(b) and be responsible for the proper disbursement of all funds appropriated for their maintenance; (iii) Direct the general management of the state probation and parole program; and (iv) Appoint, prescribe the duties of, and remove at will the following officers: (A) Wardens of the Wyoming state penitentiary, medium correctional institution, women's center and Wyoming honor farms and camps; (B) Repealed by Laws 2005, ch. 93, § 2. (C) Repealed By Laws 2005, ch. 93, § 2. (D) The state probation and parole officer. (e) The officers provided for under W.S. 25-1-104(d)(iv)(A) and (D) shall: (i) Serve as administrator of and manage the institutions to which they are appointed subject to the supervision of the director; (ii) Employ personnel necessary and approved by the director and the Wyoming legislature; (iii) Report to the director as required. (f) The director may appoint and may remove at will a deputy director and division administrators. (g) The department shall establish rules and regulations regarding the provision of services and the production of goods by prisoners at all state corrections institutions including but not limited to labor requirements, wage rates, use of goods within the institution of origin, sales price and method of distribution to other institutions or the general public. In promulgating rules relating to correctional industries programs authorized by W.S. 25-13-101 through 25-13-107, the department shall adhere to the requirements of the private sector prison industry enhancement certification program of the federal bureau of justice assistance. Rules and regulations promulgated under this subsection shall place limitations on competition with the private sector and will ensure that no contract entered into under W.S. 25-13-101 through 25-13-107 will result in the displacement of employed workers in the state in excess of limitations established by the correctional industries advisory board created by W.S. 25-13-102. (h) The department of corrections has general supervision and control of, and shall provide for the care and maintenance of all inmates who have been placed in institutions of other jurisdictions or private entities pursuant to contracts or agreements under W.S. 25-1-105(e). (j) The director may order returned to the custody of the department any person under the department's jurisdiction. The written order of the director shall be sufficient warrant for any peace officer to return to actual custody any escaped state prisoner or any state prisoner released prior to his scheduled release date or who is about to be released by another jurisdiction prior to his scheduled release date in Wyoming. It is the duty of all peace officers to execute the order of the director issued under this subsection in like manner as ordinary criminal process. A person taken into custody under the order of the director is not subject to release on bail. Consistent with W.S. 7-3-201 through 7-3-227, the director may apply to the governor to seek the extradition of an inmate apprehended in another state pursuant to an order of the director issued under this subsection. (k) The department of corrections shall issue certificates of restoration of rights pursuant to W.S. 7-13-105(b), (c), (f) and (j).

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25-1-105. Powers of department; care of persons committed outside of state.

(a) The department of corrections shall adopt rules and regulations necessary to carry out its functions. The promulgation of substantive rules by the department, the conduct of its hearings and its final decisions are specifically exempt from all provisions of the Wyoming Administrative Procedure Act including the provisions for judicial review under W.S. 16-3-114 and 16-3-115. The department's rules shall be filed in the office of the secretary of state. (b) The department may enter into contracts with the federal government or other states for the care of persons committed outside of Wyoming. (c) Subject to subsection (d) of this section, the department may, to obtain demonstrable cost savings or better quality of services, contract with private service providers or with other agencies for any of the following services to be provided for inmates of any state adult penal institution: (i) Education, training and jobs programs; (ii) Recreational and religious activities; (iii) Development and implementation assistance for classification, management information systems or other information systems or services; (iv) Medical services; (v) Food services, commissary, transportation, sanitation or other ancillary services; and (vi) Counseling, special treatment programs or other programs for special needs. (d) The department shall by rule and regulation impose upon services contracted pursuant to paragraph (c)(i) of this section limitations on competition with the private sector and ensure contracted services do not significantly displace employed workers within the community. (e) The department of corrections may enter into contracts and agreements with any county for the confinement and maintenance in county jails of persons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution. The department may enter into contracts and agreements with other states, including those which are not party to the Western Interstate Corrections Compact, with the federal government, with other governmental entities and with private owners and operators of correctional facilities in other states, for the confinement and maintenance of persons sentenced to the custody of the department to serve a term of imprisonment in a state penal institution. The department shall establish rules and regulations regarding the minimum standards for such facilities and standards for the care and treatment of department of correction's inmates incarcerated therein. (f) Pursuant to this section and W.S. 9-2-130, the department of corrections shall collaborate with the department of health to reduce recidivism rates for persons with behavioral health needs and substance use disorders who are involved in the criminal justice system and improve mental health and substance use disorder programming by: (i) Improving the quality and accuracy of substance use assessments administered to persons with criminal justice involvement by creating a quality improvement unit in the department of corrections that will regularly monitor the administration and use of assessment tools. The department of corrections shall report to the joint labor, health and social services interim committee on the status of the unit, including progress on the creation of the unit, results of unit efforts, unit expenditures and remaining funds from appropriations made for the unit. The department of corrections shall provide this report to the joint labor, health and social services interim committee by September 1 of each year through 2023; (ii) Creating a behavioral health services enhancement program for community providers to improve outcomes for persons involved in the criminal justice system through a separate contract, or in a separate provision in an existing contract, administered by the department of health; (iii) Adopting standardized, evidence based treatment practices and guidelines for treating and providing programming to persons involved in the criminal justice system with behavioral health and substance use needs; (iv) Increasing communication between the department of health, the department of corrections and contracted behavioral health providers working with persons involved in the criminal justice system; (v) Promoting and requiring to the maximum extent practical and permissible under applicable laws and regulations the portability and universal recognition of mental health and substance use disorder assessment tools and other assessment tools that may be applicable to mental health and substance use disorder treatment; and (vi) Creating a competitive and outcomes based funding stream for behavioral health providers to: (A) Expand existing services for criminal justice involved populations; (B) Improve the quality and availability of services and programs; (C) Train and develop the skills of providers and stakeholders working with persons who have behavior health needs and substance use disorders and who are involved in the criminal justice system. (g) This section shall not be interpreted to require the creation or maintenance of any duplicate functions, services or programs in the department of corrections and the department of health, but shall be interpreted with W.S. 9-2-130 to require coordination and collaboration between the agencies to assure the creation and maintenance of independent or coordinated functions, services and programs to meet the goals of this section and W.S. 9-2-130. (h) The department of corrections shall promulgate rules specifying reasonable actions a person in charge of a penal institution or correctional facility may take to stop or prevent a violation of W.S. 6-5-214(b).

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25-1-106. Repealed by Laws 1992, ch. 25, § 4.

Repealed by Laws 1992, ch. 25, § 4.

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25-1-107. Repealed by Laws 1987, ch. 127, § 2.

Repealed by Laws 1987, ch. 127, § 2.

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25-1-108. Repealed by Laws 1987, ch. 127, § 2.

Repealed by Laws 1987, ch. 127, § 2.

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25-1-109. Repealed by Laws 1987, ch. 127, § 2.

Repealed by Laws 1987, ch. 127, § 2.

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25-1-110. Repealed by Laws 1987, ch. 127, § 2.

Repealed by Laws 1987, ch. 127, § 2.

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25-1-201. Establishment of state institutions.

(a) The following state institutions are established: (i) The Wyoming state penitentiary at Rawlins, Wyoming; (ii) The Wyoming boys' school at Worland, Wyoming; (iii) The Wyoming girls' school at Sheridan, Wyoming; (iv) The Wyoming life resource center at Lander, Wyoming; (v) Repealed By Laws 1998, ch. 7, § 2. (vi) The Wyoming pioneer home at Thermopolis, Wyoming; (vii) The veterans' home of Wyoming at Buffalo, Wyoming; (viii) The Wyoming retirement center at Basin, Wyoming; (ix) The Wyoming women's center at Lusk, Wyoming; (x) The Wyoming state hospital at Evanston, Wyoming; (xi) The Wyoming medium correctional institution at Torrington, Wyoming; (xii) The Wyoming school for the deaf at Casper, Wyoming; (xiii) The Wyoming honor farm at Riverton, Wyoming; (xiv) The Wyoming honor conservation camp at Newcastle, Wyoming; (xv) The Wyoming veterans' skilled nursing facility at Buffalo, Wyoming. (b) Repealed by Laws 1992, ch. 25, § 4. (c) Repealed by Laws 1992, ch. 25, § 4. (d) Repealed by Laws 1987, ch. 185, § 2.

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25-2-101. Seal of warden; copies of papers displaying seal received as evidence.

(a) The warden of the penitentiary shall have an official seal bearing the words "Warden of the Penitentiary of the State of Wyoming" of which the courts of this state shall take judicial notice. (b) When the official seal of the warden is affixed to copies of papers, books and records kept in his office, the copies are competent evidence in the courts and have the same force and effect as the originals.

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25-2-102. Authority to establish and maintain penitentiary

farms; disposition of funds from sales or services; supervision. (a) The state may establish, maintain and operate one (1) or more penitentiary farms and camps as needed to provide a place of confinement and employment of convicted felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution. (b) All funds received from the sale of products or services produced on penitentiary farms and camps shall be credited to a separate account. (c) All penitentiary farms and camps established shall be operated and maintained under the general supervision of the department of corrections.

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25-2-103. Wyoming women's center; establishment; purpose; supervision.

(a) The Wyoming women's center is established at Lusk, Wyoming, to provide a place of confinement, employment and training for convicted female felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution. (b) The Wyoming women's center shall be operated and maintained under the general supervision of the department of corrections.

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25-2-104. Wyoming correctional facility; establishment; purpose; supervision.

(a) The Wyoming correctional facility is established at Torrington, Wyoming, to provide a place of confinement, employment and training for convicted felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution. (b) The Wyoming correctional facility shall be operated and maintained under the general supervision of the department of corrections.

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25-3-101. Persons to be confined; notice; transportation to school.

(a) Any boy who has attained the age of twelve (12) years and who has been ordered committed in compliance with W.S. 14-6-229 may be committed to the Wyoming boys' school. The term of any boy committed shall be determined by the department of family services. (b) Any person may be sentenced or transferred to the boys' school pursuant to W.S. 7-13-101. (c) After a person is committed or sentenced to the Wyoming boys' school the clerk of court shall notify the department of family services and the superintendent of the institution. The department of family services shall arrange for transportation.

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25-3-102. Repealed by Laws 1987, ch. 200, § 1.

Repealed by Laws 1987, ch. 200, § 1.

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25-3-103. Discipline to be reformatory; employment of

residents; sale of products for public use or in open market; disposition of proceeds. (a) The discipline in the Wyoming boys' school shall be reformatory. Residents of the school may be employed as a means of their support and reformation. (b) All articles manufactured and produced, or all agricultural products grown by or through the labor of residents of the school not required for use of the school, may be furnished to: (i) The state; (ii) Any public institution owned, managed or controlled by the state; (iii) The transportation commission for use on any roads or highways; (iv) The county authorities of any county. (c) The department of family services shall fix the prices of the articles and products which shall be paid upon requisition of the proper officials. The department may sell in the open market or any other manner any or all products grown or produced by residents within or without the boys' school that are not sold for public use. (d) All monies received by the department from the sale of products manufactured, produced or grown by the residents of the boys' school shall be deposited in the state treasury and credited to the general fund.

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25-3-104. Transfer of residents to state hospital; rules and regulations governing residents.

(a) The department of family services may, with the approval of the department of health, transfer any resident who becomes mentally incompetent to any appropriate acute placement facility based on a psychiatric evaluation. (b) The department shall make all rules and regulations necessary and proper for: (i) Employment, discipline, instruction and education of residents; (ii) Mental and physical health and welfare of residents; (iii) Transfer and return of residents; and (iv) Work release for residents who are not subject to home visitation or temporary residence outside the school enclosure.

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25-3-105. Control over residents; preparation of personal

record; rehabilitation plan and periodic reviews thereof; contents of record. The department of family services shall maintain control over all persons committed to the boys' school to prevent the persons from committing crime, best secure their self-support and accomplish their reformation. When a person is admitted to the school, the superintendent shall prepare a record of the personal history of the resident, including his age, family and social background, education and prior training and employment. Based upon all pertinent information available, the superintendent shall prepare an individualized rehabilitation plan which shall be part of the resident's record. Periodic reviews of the resident's progress and appropriate modifications of his rehabilitation plan shall be made by the superintendent and entered on the resident's record. The status of each resident shall be reported to him periodically. All orders affecting the resident, the circumstance of his final release and any new developments concerning his personal history shall be included in his record.

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25-3-106. Release of resident.

After the department of family services has made a finding that a boy should be released from the Wyoming boys' school, it shall give advance notification of the pending release to the court which ordered commitment. Upon the boy's release the department shall issue him an administrative discharge.

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25-4-101. Girls to be committed; terms; notification of superintendent; transportation to school.

(a) Any girl who has attained the age of twelve (12) years and who has been ordered committed in compliance with W.S. 14-6-229 may be committed to the Wyoming girls' school. The term of any girl committed shall be determined by the department of family services. (b) After a girl is committed to the girls' school the clerk of court shall notify the superintendent of the institution. The superintendent shall arrange for the transportation of the girl to the girls' school.

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25-4-102. Nature of program and discipline; rules and

regulations for work release, home visitation or temporary residence. The program and discipline at the Wyoming girls' school shall be educational, vocational and rehabilitative. For these purposes the department of family services shall adopt rules and regulations for work release for residents who are not subject to home visitation or temporary residence outside the school enclosure.

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25-4-103. Personal record to be prepared; rehabilitation

plan; periodic review; additional contents of record; release from custody. (a) When a girl is admitted to the girls' school, the superintendent shall prepare a record of the personal history of the resident, including her age, family and social background, education and prior training and employment. Based upon all pertinent information available, the superintendent shall prepare an individualized rehabilitation plan which shall be part of the resident's record. Periodic reviews of the resident's progress and appropriate modifications of her rehabilitation plan shall be made by the superintendent and entered on the resident's record. The status of each resident shall be reported to her periodically. All orders affecting the resident, the circumstances of her final release and any new developments concerning her personal history shall be included in her record. (b) After the department of family services has made a finding that a girl should be released from the girls' school, it shall give advance notification of the pending release to the court which ordered commitment. Upon the girl's release the department shall issue her an administrative discharge.

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25-5-101. Short title.

This act may be cited as the "Life Resource Center Act".

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25-5-102. Definitions.

(a) Repealed By Laws 2008, Ch. 70, § 2, Ch. 85, § 2. (b) As used in this act: (i) "Acquired brain injury" means any combination of focal and diffuse central nervous system dysfunction, at the brain stem level and above, acquired after birth through the interaction of any external forces and the body, oxygen deprivation, infection, toxicity, surgery or vascular disorders not associated with aging; (ii) "Active treatment" means a program which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services and related services that is directed toward: (A) The acquisition of the behaviors necessary for the client to function with as much self determination and independence as possible; and (B) The prevention or deceleration of regression or loss of current optimal functional status. (iii) "Adaptive behavior" means the collection of conceptual, social and practical skills that have been learned by people in order to function in their everyday lives; (iv) "Administrator" means the administrator of the division; (v) "Assistive technology device" and "assistive technology service" mean as defined in 42 U.S.C. 15002; (vi) "Center" means the Wyoming life resource center at Lander, Wyoming; (vii) "Child" means any person under the age of eighteen (18); (viii) "Client" means a person who has a disability and has been determined eligible, pursuant to department rules and regulation, and is receiving services from one (1) of the center's programs; (ix) "Client services" means diagnosis, education, training and care of persons who have been admitted to the center; (x) "Conservator" means as defined in W.S. 3-1-101(a)(iii); (xi) "Department" means the state department of health; (xii) "Director" means the director of the department of health; (xiii) "Disability" means a developmental disability as defined in 42 U.S.C. 15002 or a disability resulting from an acquired brain injury; (xiv) "Division" means the behavioral health division of the department of health; (xv) "Guardian" means as defined in W.S. 3-1-101(a)(v); (xvi) "Guardian ad litem" means as defined in W.S. 3-1-101(a)(vi); (xvii) "Incompetent person" means adjudicated as meeting the definition in W.S. 3-1-101(a)(ix); (xviii) "Individual program plan" means a written statement of long-term and short-term goals and strategies for providing specially designed services to meet each client's individual educational, physical, emotional and training needs; (xix) "Informed choice" means making a decision based on adequate information. As appropriate, such information may include consideration regarding providers, methods, costs, duration, accessibility, customer satisfaction, probabilities, sources and consequences; (xx) "Intellectual disability" means significantly subaverage general intellectual functioning with concurrent deficits in adaptive behavior manifested during the developmental period. "Intellectually disabled" means a person with an intellectual disability; (xxi) "Interdisciplinary team" means a group that represents the person, the person's family or guardian, or the professions, disciplines or service areas that are relevant to identifying the client's needs, as described in the comprehensive functional assessments and program design. The department shall provide by rule and regulation for the composition of interdisciplinary teams; (xxii) "Intermediate care facility for people with intellectual disability" means an intermediate care facility for individuals with intellectual disabilities (ICF/IID), as this phrase is used in applicable federal statutes, rules and regulations; (xxiii) "Least restrictive environment" means the program, service and location which least inhibits a person's freedom of movement, informed decision making and participation in community life while achieving the purposes of habilitation and treatment which best meet the needs of the person. The determination of least restrictive environment shall be individualized, based on a person's need for medical, therapeutic, rehabilitative and developmental services and as a result of informed choice of the person or, if the person is a minor or a ward, his parent or guardian; (xxiv) "Most appropriate" means an individualized determination of a person's need for medical, therapeutic, rehabilitative and developmental services, based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian; (xxv) "Most integrated" means the setting that enables a person with a disability to have access to the same opportunities as a person without a disability to the fullest extent possible, including opportunities to live, learn, work, recreate and participate in family and community activities. Determinations of most integrated shall be individualized and based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian; (xxvi) "Program manager" means the on-site supervisor and manager of the center; (xxvii) "Screening team" means a group of appropriate professionals, appointed by the director pursuant to rules and regulations of the department, and assigned by the administrator to perform preliminary testing and assessment of persons for purposes of determining eligibility for services at the center; (xxviii) "Ward" means as defined in W.S. 3-1-101(a)(xv); (xxix) "This act" means W.S. 25 5 101 through 25 5 135; (xxx) "Domiciliary care" means the domiciliary care program, as defined by applicable federal statutes, rules and regulations; (xxxi) "Exceptionally difficult behaviors" means a high level of assaultive or self-injurious behavior in a person with an intellectual disability or organic brain syndrome. These behaviors may include aggression and violent behavior, wandering, sexually inappropriate behavior, self-endangering behaviors or medication noncompliance. The level of behaviors shall be measured by a standardized assessment and pursuant to criteria established by the department under W.S. 25-5-105(a)(i); (xxxii) "Hard to place" means a person who is: (A) Eligible for skilled nursing facility services pursuant to the long-term care assessment defined in W.S. 42-6-102(a)(vii); (B) Does not meet the criteria of paragraph (xxxi), (xxxiii) or (xxxiv) of this subsection; and (C) For whom no community skilled nursing facility service provider has been identified in the state within a time period defined by the department. (xxxiii) "High medical need" means a person who is: (A) Eligible for skilled nursing facility services pursuant to the long term care assessment defined in W.S. 42-6-102(a)(vii); (B) Does not meet the criteria of paragraph (xxxi) or (xxxiv) of this subsection; and (C) Would qualify for the extraordinary care nursing facility reimbursement rate, as defined by the department. (xxxiv) "Organic brain syndrome" means a decrease in mental function due to a medical disease, other than mental illness, as defined by the department. Organic brain syndrome may be the result of an acquired brain injury or the result of dementia caused by trauma, hypoxia, cardiovascular conditions including thrombotic and embolic events or degenerative, infectious, alcohol and drug related or metabolic disorders; (xxxv) "Skilled nursing facility services" means skilled nursing facility services as defined by applicable federal statutes, rules and regulations.

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25-5-103. Wyoming life resource center established; purpose.

(a) Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), the Wyoming life resource center is established to provide the following residential, active treatment, assistive technology, medical and therapy services only to individuals for whom an interdisciplinary team has determined the center is the most appropriate, least restrictive and most integrated environment for delivery of the services as specified below: (i) Intermediate care facilities for people with intellectual disability in accordance with federal Medicare and Medicaid regulations; (ii) Skilled nursing facility services to the following: (A) Persons with organic brain syndrome who manifest exceptionally difficult behaviors; (B) Persons with high medical need; (C) Persons who are hard to place. (iii) Disability, therapeutic and assistive technology services for persons with a disability; (iv) Training for state employees, other service providers and caregivers on disability, medical, developmental and therapy services; (v) Care provided under authority of the director pursuant to W.S. 9-2-106(d). (b) The Wyoming life resource center may provide technical assistance and assistive technology outreach services to persons made eligible pursuant to rules adopted by the department. (c) Any person residing at the Wyoming life resource center on April 1, 2016 pursuant to the requirements of this section prior to April 1, 2016 shall have the right to remain at the life resource center without regard to his continued qualification to remain at the center under this section, provided the center continues to have adequate resources to safely care for the person.

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25-5-104. Administration and management of center.

The administration and management of the center is vested in the department.

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25-5-105. Rules and regulations; reports.

(a) The department shall adopt rules and regulations which are in compliance with both federal regulations for intermediate care facilities for persons with intellectual disability and federal regulations for skilled nursing facilities, and which: (i) Establish standards for admission for residential services and discharge of clients receiving services in all programs administered by the center; (ii) Establish standards for client services; (iii) Provide for the administration of the center under the management of the division; (iv) Prescribe professional standards for personnel employed at the center; (v) Implement this act; (vi) Establish data reporting processes and report monthly to the director the number of persons served by the center, identified by service category, and the services provided to those persons. (b) Repealed by Laws 2015, ch. 59, § 2.

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25-5-106. Donations for benefit of center; control and disposition thereof.

Money, personal property or real estate donated for the benefit of the center shall be held, controlled and distributed by the department according to the conditions of the donation. If there are no conditions of the donation, it shall be disposed of as provided in W.S. 25-5-107.

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25-5-107. Disposition of monies received from sale of products or as compensation.

Except as provided by W.S. 25-5-106, all monies received by the department for the clients in the center from the sale of products produced or grown by the center or as compensation from any source shall be deposited in the state treasury and credited to the general fund.

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25-5-108. Appointment of program manager; duties; removal.

(a) The director shall appoint a program manager of the center. (b) The program manager shall administer the center as directed by the administrator. (c) The director may remove the program manager in his discretion.

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25-5-109. Inability or refusal to pay for services.

(a) Repealed by Laws 1989, ch. 50, § 4. (b) Repealed by Laws 1989, ch. 50, § 4. (c) No person shall be denied admission to or services by the center because of the inability of the person, his parent or guardian to pay the cost of the services received. (d) Clients of the center who are not eligible under the Wyoming Medical Assistance and Services Act shall be responsible for the cost of services and treatment as provided in title 25, chapter 11, article 1. However, no person who was a client of the center as of June 30, 2008 shall be denied admission to or services by the center because of the refusal of the client's parent or guardian to pay the cost of the services received.

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25-5-110. Special education for minors and costs thereof.

(a) Repealed by Laws 1986, ch. 25, § 3. (b) Repealed by Laws 1986, ch. 25, § 3. (c) Clients who are between the ages of five (5) and twenty-one (21) years of age shall be provided special education and related services through the clients' resident school districts. This subsection does not relieve an insurer or similar third party from an otherwise valid obligation to pay for services provided to the client. (d) Repealed by Laws 1986, ch. 25, § 3. (e) Repealed by Laws 1986, ch. 25, § 3.

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25-5-111. Repealed by Laws 1986, ch. 25, § 3.

Repealed by Laws 1986, ch. 25, § 3.

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25-5-112. Repealed by Laws 1986, ch. 25, § 3.

Repealed by Laws 1986, ch. 25, § 3.

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25-5-113. Repealed by Laws 1986, ch. 25, § 3.

Repealed by Laws 1986, ch. 25, § 3.

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25-5-114. Eligibility for admission; appropriateness of services.

(a) Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), a person shall be admitted to the center only if he is an individual qualifying for services under W.S. 25-5-103(a) and his preadmission evaluation and screening does not indicate that he would be more appropriately served by the Wyoming state hospital, a community program or a public school program. (b) Repealed By Laws 2008, Ch. 85, § 2.

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25-5-115. Preadmission screening for residential services;

preparation and supervision thereof; disposition of findings. (a) Admission to the center shall be upon written application to the division and shall be based upon the preadmission screening and assessment: (i) The preadmission screening and assessment shall be made by a screening team under the supervision of the administrator or his designee, using appropriate professionals and screening and assessment methods as provided in department rules and regulations; (ii) The preadmission screening and assessment shall be completed not more than thirty (30) days after an application for admission; (iii) Repealed by Laws 2016, ch. 44, § 2. (iv) As part of the application process, division staff shall provide prospective clients and their families or guardians information about center services and similar services available in the client's community or elsewhere in the state. (b) Within ten (10) days of completion of the preadmission screening and assessment, the findings shall be given to the applicant. If ordered by the court, the preadmission screening and assessment shall also be filed with the court.

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25-5-116. Individual program plan; preparation and supervision thereof; review.

Each client admitted to the center shall have on file at the center an individual program plan. The individual program plans shall be prepared by an interdisciplinary team within thirty (30) days of admission for residential services under the supervision of the program manager. The plan shall be reviewed by the interdisciplinary team for appropriateness and feasibility of discharge or transition to another level of service thirty (30) days after implementation of the plan, at the end of each quarter for the first year and annually thereafter.

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