7-13-1401(j)(ii).

7-13-1401(j)(ii).

ARTICLE 16 - COURT SUPERVISED TREATMENT PROGRAMS ACT

7-13-1601. Repealed by Laws 2023, ch. 1, § 4.

7-13-1602. Renumbered as 5-12-104 by Laws 2023, ch. 1, § 2.

7-13-1603. Renumbered as 5-12-105 by Laws 2023, ch. 1, § 3.

7-13-1604. Renumbered as 5-12-106 by Laws 2023, ch. 1, § 3.

7-13-1605. Renumbered as 5-12-107 by Laws 2023, ch. 1, § 2.

7-13-1606. Renumbered as 5-12-108 by Laws 2023, ch. 1, § 2.

7-13-1607. Renumbered as 5-12-109 by Laws 2023, ch. 1, § 2.

7-13-1608. Renumbered as 5-12-110 by Laws 2023, ch. 1, § 2.  7-13-1609. Renumbered as 5-12-111 by Laws 2023, ch. 1, § 3.

7-13-1610. Renumbered as 5-12-112 by Laws 2023, ch. 1, § 3.

7-13-1611. Renumbered as 5-12-113 by Laws 2023, ch. 1, § 3.

7-13-1612. Renumbered as 5-12-114 by Laws 2023, ch. 1, § 3.

7-13-1613. Renumbered as 5-12-115 by Laws 2023, ch. 1, § 2.

7-13-1614. Renumbered as 5-12-116 by Laws 2023, ch. 1, § 3.

7-13-1615. Renumbered as 5-12-117 by Laws 2023, ch. 1, § 3.

7-13-1616. Renumbered as 5-12-118 by Laws 2023, ch. 1, § 2.

ARTICLE 17 - 24/7 SOBRIETY PROGRAM

7-13-1701. Short title.

This article shall be known and may be cited as the "24/7 Sobriety Program Act."

7-13-1702. Definitions.

(a) As used in this article:

(i) "Account" means the "24/7 sobriety program account" created by W.S. 7-13-1707;

(ii) "Court" means a district, circuit or municipal court;

(iii) "Participation" in a 24/7 sobriety program means that the person ordered to participate submits to and passes all required tests;

(iv) "Program" means the 24/7 sobriety program created under this article;  (v) "Rules" means the 24/7 sobriety program rules promulgated by the attorney general under this article;

(vi) "Remote electronic alcohol monitoring device" means any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in the person's body, including any equipment necessary for the device to perform properly;

(vii) "Remote breath testing device" means an unsupervised mobile breath testing device with the ability to confirm the identify, location and presence of alcohol in a person and is capable of scheduled, random and on demand tests that provide immediate results to a participating agency.

7-13-1703. 24/7 sobriety program created.

(a) There is created a 24/7 sobriety program to be administered by the attorney general. The purpose of the program is to reduce the number of repeat crimes that are related to substance abuse by monitoring an offender's sobriety through intensive alcohol and drug testing and immediate and appropriate enforcement of violations.

(b) The program shall provide for frequent and certain testing for drug or alcohol use. The testing methods may include breath testing, drug patch testing, urinalysis, use of a remote breath testing device or a remote electronic alcohol monitoring device or other testing methods as provided by rule.

7-13-1704. Inclusion in program.

(a) Each county, through its sheriff, may take part in the program. A sheriff may designate an entity to provide the testing services or to take any other action authorized to be taken by the sheriff under this article with the exception of action taken to apprehend a violator under W.S. 7-13-1709.

(b) The sheriff shall establish the testing locations and times for his county but shall have at least one (1) testing location and two (2) daily testing times approximately twelve (12) hours apart unless the sheriff utilizes a remote electronic alcohol monitoring device that complies with rules promulgated by the attorney general pursuant to W.S. 7-13-1705.

7-13-1705. Rulemaking authority.  (a) The attorney general shall adopt rules to implement this article. The rules shall:

(i) Provide for the nature and manner of testing and the procedures and apparatuses to be used for testing;

(ii) Establish fees and provide for the collection of fees. The fees shall be set as low as possible, but shall be set so that the total of fees and other funds credited to the program account defray the entire expense of the program, including all costs to the state; and

(iii) Establish a data management program to manage program data, including testing results, fees and required reports. The data management program shall be used by all counties taking part in the program.

7-13-1706. Distribution of testing fees.

The sheriff shall collect and transmit testing fees to the state treasurer to be credited to the 24/7 sobriety program account created by W.S. 7-13-1707. The fees shall be distributed as provided by this article and the rules.

7-13-1707. 24/7 sobriety program account.

(a) There is created a 24/7 sobriety program account. The account shall be used by the attorney general to defray all the costs of the program to the state, including the costs of the attorney general in administering this article. Disbursements from the account shall not exceed the monies credited to it. All monies in the account are continuously appropriated to the attorney general to be used solely for the administration of the program and for no other purpose. After paying participating vendors, the attorney general shall return no less than seventy- five percent (75%) of the remaining fees collected under W.S. 7- 13-1706 to the sheriff who collected the fee. The sheriff shall utilize the funds only to administer or enhance the county's 24/7 sobriety program. Notwithstanding W.S. 9-2-1008 and 9-4-207 funds in the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account.

(b) The attorney general may accept, and shall deposit in the account, any gifts, contributions, donations, grants or federal funds specifically designated for the benefit of the program.

7-13-1708. Authority of court to order participation in program.

(a) Upon a charge or offense for conduct committed while intoxicated or under the influence of a controlled substance, a court may order participation in the program as a condition of pretrial release, bond, suspension of sentence, probation or other conditional release.

(b) Participation in the program may be imposed as a condition of release under the Wyoming Rules of Criminal Procedure, including rules 46.1 and 46.2.

(c) Before ordering participation in the program, a court may require the person to undergo a substance use disorder assessment. The cost of the substance use disorder assessment shall be paid by the offender.

(d) The state board of parole may require a parolee to participate in the program as a condition of parole.

7-13-1709. Apprehension of violators.

(a) Upon the failure of a person to submit to a test under the program or upon a positive test for alcohol or controlled substance in violation of the program, a peace officer or a probation and parole agent shall complete a written statement establishing the person, in the judgment of the officer or agent, violated a condition of release by failing to submit to or pass a test. A peace officer shall immediately arrest the person without warrant after completing or receiving the written statement.

(b) A person taken into custody under this section shall appear before a court within a reasonable time and shall not be released unless the person has made a personal appearance before a court.

7-13-1710. 24/7 sobriety program director; appointment.

The attorney general may appoint a director to administer the program. The appointment shall be subject to senate confirmation in the manner provided for in W.S. 28-12-101 and