(a) The participating judge may grant reasonable incentives under the written agreement under W.S. 5-12-109(c) if he finds that since the last staffing, the participant: (i) Is performing satisfactorily in the program; (ii) Is benefiting from the program; and (iii) Has not violated any term or condition of the agreement. (b) The participating judge may impose reasonable sanctions under the written agreement, including but not limited to, expulsion from the program, incarceration for a period not to exceed thirty (30) days if the participant is an adult participating in a program post-adjudication, or detention for a period not to exceed thirty (30) days if the participant is a juvenile participating in a program post-adjudication, if the participating judge finds that since the last staffing the participant: (i) Is not performing satisfactorily in the program; (ii) Is not benefiting from the program; (iii) Has engaged in conduct rendering the participant unsuitable for the program; (iv) Has otherwise violated any term or condition of the written agreement; or (v) Is unable to participate in the program. (c) To ensure due process of law, expulsion from the program shall be at the discretion of the participating judge, following a hearing, based on the recommendation of the program team. Expulsion shall not occur without the participant first being notified of the reasons for the proposed expulsion and given an opportunity to be heard by the program team and the participating judge.
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