Title 07 · WY
7-13-1105, 7-13-1801 through 7-13-1803 and 35-7-1043;
Citation: Wyo. Stat. § 7-13-1105
Section: 7-13-1105
7-13-1105, 7-13-1801 through 7-13-1803 and 35-7-1043;
(ii) Investigate all cases referred by any court, the department or the board, and report to the court, department or board in writing;
(iii) Furnish to each person released on probation, parole or conditional release under his supervision a written statement of the conditions of the probation, parole or conditional release and instruct him regarding the conditions;
(iv) Supervise the conduct of each person on probation if requested by the court granting probation, and of each person on parole or conditional release through personal visits, reports and other appropriate means, and report in writing as often as required by the court, department or board;
(v) Use all practicable and suitable methods, not inconsistent with the conditions imposed by the court, department or board and including the use of incentives and sanctions under W.S. 7-13-1801 through 7-13-1803, to aid and encourage persons on probation, parole or conditional release to bring about improvement in their conditions and conduct;
(vi) Perform other duties as directed by the director.
7-13-408. Probation, parole and conditional release administrative jail or adult community correction program sanction and revocation hearing procedures. (a) The probation and parole agent shall notify the department and the board or the appropriate court if it is determined consideration should be given to retaking or reincarcerating a person under the supervision of the department who has violated a condition of his probation, parole or other conditional release and is subject to revocation of supervision. Prior to notification, a hearing shall be held in accordance with this section within a reasonable time, unless a hearing is waived by the probationer, parolee or conditional releasee. In the case of a parolee for whom the violation is based on a new felony conviction, a preliminary hearing is not required under this section. In the case of a probationer, the hearing is only required when the probationer has been reincarcerated and a legal warrant has not been obtained within ten (10) days. As soon as practicable, following termination of any hearing, the appropriate officer or agent shall report to the department and the court or board, furnish a copy of the hearing record, report on the prior use of incentives and sanctions under W.S. 7-13- 1801 through 7-13-1803 for the probationer, parolee or conditional releasee and make recommendations regarding the disposition to be made of the probationer, parolee or conditional releasee. Compliance violations not leading to retaking or reincarceration shall be sanctioned under W.S. 7-13- 1801 and 7-13-1802. Pending any proceeding pursuant to this section, the appropriate agent may take custody of and detain the probationer, parolee or conditional releasee involved for a reasonable period of time prior to the hearing. If it appears to the hearing officer or agent that retaking or reincarceration is likely to follow, the agent may take custody of and detain the probationer, parolee or conditional releasee for a reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.
(b) Any hearing pursuant to this section or W.S. 7-13-1803 may be before the field services administrator, his designated hearing officer or any other person authorized pursuant to the laws of this state to hear cases of alleged probation, parole or conditional release violations, except that no hearing officer shall be the person making the allegation of violation. In cases of alleged parole violations by persons who were paroled by the board, hearings pursuant to this section shall be before the executive director of the board or his designated hearing officer.
(c) With respect to any hearing pursuant to this section, the probationer, parolee or conditional releasee: (i) Shall have reasonable notice in writing of the nature and content of the allegations to be made including notice that the purpose of the hearing is to determine whether there is probable cause to believe that he has committed a violation that may lead to a revocation of probation, parole or conditional release;
(ii) Shall be permitted to consult with any persons whose assistance he reasonably desires, prior to the hearing;
(iii) Shall have the right to confront and examine any person who has made allegations against him, unless the hearing officer determines that the confrontation would present a substantial present or subsequent danger of harm to the person;
(iv) May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.
(d) A record of the proceedings under this section shall be made and preserved either by stenographic means or through the use of a recording machine.
(e) Repealed by Laws 2019, ch. 116, § 3.
7-13-409. Disclosure of information and data.
All information and data obtained in the discharge of official duties by probation and parole agents is privileged information and shall not be disclosed directly or indirectly to anyone other than to the judge, the department or to others entitled to receive reports unless and until otherwise ordered by the judge, board or department.
7-13-410. Notice of probation order; request for probation supervision or report.
(a) The clerk of the court granting probation to a person convicted of a crime shall send a certified copy of the order to the department of corrections or, in the case of a juvenile, to the department of family services.
(b) At the time of granting probation or at any later time, the court may request the department to provide supervision of the probationer. The probation and parole agents will not be required to supervise or report on a person granted probation unless requested to do so by the court granting probation. The court shall not request supervised probation for a misdemeanor offense unless the court makes findings showing a particular need for supervision of the offender.
7-13-411. Apprehension of violators.
(a) A probation and parole agent may, in the performance of his duties:
(i) Repealed By Laws 2011, Ch. 30, § 2.
(ii) Repealed By Laws 2011, Ch. 30, § 2.
(iii) Request a peace officer to arrest without warrant any probationer or parolee if the probation and parole agent has probable cause to believe the person has violated the conditions of his probation or parole. A person arrested under this paragraph may be detained for a reasonable period of time until a legal warrant is obtained or pending further proceedings under W.S. 7-13-408.
(b) A peace officer may arrest without warrant an alleged probation or parole violator after receiving a written statement from a probation and parole agent setting forth that the probationer or parolee has, in the judgment of the probation and parole agent, violated the conditions of his probation or parole. A peace officer may also arrest without warrant an alleged probation or parole violator at any time the peace officer has probable cause to believe the probationer or parolee has violated the conditions of his probation or parole. A person arrested under this subsection may be detained for a reasonable period of time until a legal warrant is obtained or pending further proceedings under W.S. 7-13-408.
(c) A peace officer may take into custody and hold a person granted parole or on probation from another state when requested to do so by the probation and parole agent or the proper authorities from the other state.
(d) A parole or probation violator apprehended shall be accepted and held in the county jail at the request of the probation and parole agent.
(e) Any expense incurred in holding a parolee in county jail at the request of a probation and parole agent or pending proceedings under W.S. 7-13-408, including costs of shelter, food, clothing, and necessary medical, dental and hospital care and any expense for transporting the parolee shall be paid by the department unless there are local charges pending. The per diem cost of holding parolees under this section shall be agreed upon by the sheriff and the department, but shall not exceed the amount established by the department based on funds appropriated to the department for housing of offenders.
7-13-412. Repealed By Laws 2009, Ch. 2, § 1.
7-13-413. Repealed By Laws 2009, Ch. 2, § 1.
7-13-414. Repealed By Laws 2009, Ch. 2, § 1.
7-13-415. Repealed By Laws 2009, Ch. 2, § 1.
7-13-416. Repealed By Laws 2009, Ch. 2, § 1.
7-13-417. Repealed By Laws 2009, Ch. 2, § 1.
7-13-418. Selection, training and powers of local volunteer; compensation.
(a) In order to further the objectives of W.S. 7-13-401 through 7-13-424, the field services administrator may select, organize and train local volunteer citizens who, acting under his supervision, may:
(i) Advise and assist probation and parole agents with special reference to vocational and technical education services for probationers and parolees;
(ii) Maintain liaison with all appropriate municipal, county, state and federal agencies whose services aid in the reintegration of offenders into society;
(iii) Assist in programs relating to the social, moral and psychological needs of persons released under probation and parole supervision;
(iv) Not receive compensation from the state. At the discretion of the field services administrator, however, volunteers may be reimbursed for necessary and actual expenses incurred in performing the duties described in this section.
7-13-419. Limitations on powers of volunteers. Volunteers do not have power of arrest nor the right to execute criminal process.
7-13-420. Good time allowances.
(a) The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which houses Wyoming inmates pursuant to W.S.