The identities of all persons who participate in the execution of a death sentence as a member of the execution team or by supplying or manufacturing the equipment and substances used for the execution are confidential. Disclosure of the identities made confidential by this section may not be authorized or ordered. Records containing information made confidential by this section shall be redacted to exclude all confidential information and nothing in this section shall be used to limit or deny access to otherwise public information. ARTICLE 10 - YOUTHFUL OFFENDER TRANSITION PROGRAM 7-13-1001. Definitions. (a) As used in this article: (i) "Department" means the department of corrections; (ii) "Peer specialists" means long-term inmates who have completed certified training and been selected and assigned by the department to provide positive guided peer support to offenders involved in the program under the direction of program staff, provided that peer specialists shall not have direct supervision over other inmates; (iii) "Reduction of sentence" includes changing a sentence of incarceration to a grant of probation. 7-13-1002. Sentence reduction for youthful offenders. (a) The sentencing court may reduce the sentence of any convicted felon who: (i) Is recommended by the sentencing court for placement in the youthful offender transition program; (ii) Is certified by the department as having successfully completed the youthful offender transition program under W.S. 7-13-1003; and (iii) Makes application to the court for a reduction in sentence within one (1) year after the individual began serving a sentence of incarceration at a state penal institution. 7-13-1003. Establishment of program; eligibility; rulemaking authority. (a) The department shall adopt reasonable rules and regulations to establish a youthful offender transition program for inmates incarcerated in a state penal institution. (b) In addition to any other eligibility requirements adopted by the department, an inmate is eligible for placement in the youthful offender transition program only if he: (i) Is serving a sentence of imprisonment at a state penal institution for any offense other than a felony punishable by death or life imprisonment; (ii) Has not attained the age of thirty (30) years; (iii) Has not previously served a term of incarceration at any state or federal adult penal institution; (iv) Is able to participate in the structured programming, education, work and physical fitness activities required of program participants in compliance with the Americans with Disabilities Act. (c) The program created by the department shall include: (i) Separation of program participants from the general inmate population except inmates assigned to work in the program as peer specialists; (ii) Emphases upon structured programming, education, work and physical activity compliant with the Americans with Disabilities Act as a major element of the program. (d) Participation by an inmate in the youthful offender transition program is a matter of grace and not of right. Approval of an inmate's participation in the program may be revoked by the department at any time if the inmate fails to comply with program requirements. The inmate shall not have any right to appeal the denial of his participation in the program. ARTICLE 11 - INTENSIVE SUPERVISION PROGRAM 7-13-1101. Definitions. (a) As used in this article: (i) "Department" means the department of corrections; (ii) "Intensive supervision program" means a program established under W.S. 7-13-1102 which allows participants to live or work in the community under close supervision methods; (iii) "Validated risk-need assessment" means an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. The validated risk-need assessment shall determine a person's risk to reoffend and the needs of a person that, when addressed, would reduce the risk to reoffend. 7-13-1102. Authority to establish programs; rulemaking authority. (a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for probationers and parolees. (b) An intensive supervision program established under this article may require: (i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel; (ii) Community service work, family, educational or vocational counseling, cognitive-behavioral programming to address criminal thinking, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant. For purposes of this paragraph, cognitive-behavioral programming means as defined in W.S. 7-13-1801(c)(i); and (iii) Imposition of supervision fees to be paid by participants. (c) Subject to legislative appropriation, the department may, by negotiation without competitive bid or by competitive bidding, contract with any governmental or nongovernmental entity to provide services required to carry out the provisions of this article. (d) The department shall have general supervisory authority over all probationers and parolees participating in a program under this article. 7-13-1103. Program participation not a matter of right. (a) Participation in a program authorized by this article is a matter of grace and not of right. (b) No person shall be allowed to participate in a program authorized by this article unless the person agrees in writing to abide by all the rules and regulations of the department relating to the operation of the program and agrees to submit to the incentives and sanctions which may be imposed under W.S. 7- 13-1801 through 7-13-1803. 7-13-1104. Program participation as a condition of parole. (a) Except as provided in subsection (b) of this section, the state board of parole may, as a condition of parole, require a parolee who is assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of parole to participate in a program established under this article, provided: (i) Space and funding is available for the parolee's participation in the program; and (ii) The department determines the person has a reasonable likelihood of successfully participating in the program. (b) Placement of a parolee in a program established under W.S. 7-13-1102 as a sanction under W.S. 7-13-1801 through 7-13- 1803 or following a modification or revocation of parole shall not require the parolee to be assessed through a validated risk- need assessment as a high risk for reoffending or violating a condition of parole. 7-13-1105. Placement of probationer in program by sentencing court. (a) A sentencing court may, as a condition of probation, order that a defendant who has entered a plea of guilty or nolo contendere to or has been convicted of a felony, or any offense defined by subsection (c) of this section, participate in a program established under this article, provided: (i) Space is available in the program; (ii) The probationer agrees to participate in the program; (iii) The department determines the person has a reasonable likelihood of successfully participating in the program; and (iv) The legislature has specifically appropriated funds or other unencumbered funds are available to pay for the probationer's participation in the program. (b) When a presentence report is required by the court, the department shall be responsible for including in the presentence report to the sentencing judge any recommendations for the utilization of a program created under this article. (c) Subject to the conditions specified in paragraphs (a)(i) through (iv) of this section, participation in a program established under this article may be ordered for a defendant who has entered a plea of guilty or nolo contendere to or has been convicted of a violation of W.S. 6-2-510 or 6-2-511 or a violation of W.S. 6-4-404, or 6-2-504(a) or (b) if the defendant and the victim are household members as defined by W.S. 35-21-102(a)(iv). (d) Except as provided in subsection (e) of this section, a defendant shall not be placed in a program established under W.S. 7-13-1102 unless the defendant receives a validated risk- need assessment and scores as a high risk for reoffending or for violating conditions of probation except that a defendant may be placed in a program established under W.S. 7-13-1102 for good cause shown upon the record. (e) Placement of a probationer in a program established under W.S. 7-13-1102 as a sanction under W.S. 7-13-1801 through 7-13-1803 or following a revocation of probation shall not require the probationer to be assessed through a validated risk- need assessment as a high risk for reoffending or violating a condition of probation. 7-13-1106. Repealed by Laws 2019, ch. 116, § 3. 7-13-1107. Administrative rewards and sanctions for program violations. (a) Repealed by Laws 2019, ch. 116, § 3. (b) Repealed by Laws 2019, ch. 116, § 3. (c) Repealed by Laws 2019, ch. 116, § 3. (d) Repealed by Laws 2019, ch. 116, § 3. (e) Probationers and parolees who violate the rules and restrictions of an intensive supervision program established under this article shall be sanctioned in accordance with W.S. 7-13-1801 through 7-13-1803 or may be subject to revocation proceedings. ARTICLE 12 - TEEN COURT PROGRAM 7-13-1201. Short title. This act shall be known and may be cited as the "Wyoming Teen Court Program". 7-13-1202. Definitions. (a) As used in this act: (i) "Minor offense" means any crime punishable as a misdemeanor or the violation of any municipal ordinance, provided the maximum penalty authorized by law for the offense does not exceed imprisonment for more than six (6) months and a fine of not more than seven hundred fifty dollars ($750.00); (ii) "Supervising court" means the municipal court or circuit court by whose order a teen court program is established pursuant to rules and regulations promulgated by the Wyoming supreme court; (iii) "Teen" for the purposes of this act means a person who has attained the age of thirteen (13) years of age and is under the age of majority; (iv) "Teen court" or "teen court program" means an alternative sentencing procedure under which regular court proceedings involving a teen charged with a minor offense may be deferred and subsequently dismissed on condition that the defendant participate fully in the teen court program and appear before a jury of teen peers for sentencing and that the defendant successfully complete the terms and conditions of the sentence imposed. This sentencing is in addition to the provisions of W.S. 7-13-301 and 35-7-1037; (v) "This act" means W.S. 7-13-1201 through 7-13-1205. 7-13-1203. Authority to establish teen court program. (a) The Wyoming supreme court shall adopt rules and regulations governing teen court by July 1, 1996. (b) In addition to any other power authorized, a municipal court judge, with the approval and consent of the governing body of the municipality, or any circuit court judge, with the approval and consent of the board of county commissioners, may by order establish a teen court program and training standards for participation in accordance with this act to provide a disposition alternative for teens charged with minor offenses. (c) In any case involving the commission of a minor offense by a teen defendant, the supervising court may, without entering a judgment of guilt or conviction, defer further proceedings and order the defendant to participate in a teen court program, provided: (i) The teen defendant, with the consent of, or in the presence of, the defendant's parents or legal guardian, enters a plea of guilty in open court to the offense charged; (ii) The restitution amount, if any, owed to any victim has been determined by the supervising court; (iii) The defendant requests on the record to participate in the teen court program and agrees that deferral of further proceedings in the action filed in the supervising court is conditioned upon the defendant's successful completion of the teen court program; and (iv) The court determines that the defendant will benefit from participation in the teen court program. (d) If the supervising court determines that the teen defendant has successfully completed the teen court program, the supervising court may discharge the defendant and dismiss the proceedings against him. (e) If the defendant fails to successfully complete the prescribed teen court program, the supervising court shall enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant for the offense originally charged. (f) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose. If the original offense charged was a traffic offense, the supreme court shall, on behalf of the circuit court and within thirty (30) days after the discharge and dismissal is entered, submit to the department of transportation an abstract of the court record compiled under W.S. 7-19-107(k). If the original offense was a traffic offense charged in municipal court, the municipal court shall, within thirty (30) days after the discharge and dismissal is entered, submit to the department of transportation an abstract of the court record compiled under W.S. 7-19-107(k). The department shall maintain abstracts received under this subsection as provided by W.S. 31-5-1214(f). 7-13-1204. Program criteria. (a) A teen court program may be established under this act in accordance with the following criteria: (i) The judge of the teen court shall be the judge of the supervising court or an attorney admitted to practice in this state appointed by the supervising court to serve in a voluntary capacity and shall serve at the pleasure of the supervising court; (ii) Procedures in teen court shall be established by order of the supervising court in conformance with the provisions of this act and shall be subject to any uniform procedures for teen courts as may be prescribed by the Wyoming supreme court; (iii) The supervising court may authorize the use of its courtroom and other facilities by the teen court program during times when the courtroom and facilities are not required for the normal operations of the supervising court; (iv) The teen defendant, as a condition of participation in the teen court program, may be required to pay a nonrefundable fee not to exceed ten dollars ($10.00). Fees collected under this paragraph by a municipal court shall be credited to the treasury of the municipality. Fees collected under this paragraph by a circuit court shall be credited to the treasury of the county; (v) The teen court program may involve teens serving as voluntary teen court members in various capacities including, but not limited to jurors, prosecutor-advocates, defender-advocates, bailiffs, clerks and supervisory duties; (vi) Every teen defendant appearing in teen court shall be accompanied by a parent or guardian; (vii) The teen court jury shall impose restitution, if any, in the amount established by the supervising court; (viii) The supervisory court, in accordance with the rules and regulations promulgated by the Wyoming supreme court, shall establish a range of sentencing alternatives for any case referred to teen court. Sentencing alternatives shall include, but not be limited to: (A) Community service as authorized by the supervising court; (B) Mandatory participation in law related education classes, appropriate counseling, treatment or other education programs; (C) Require the teen defendant to participate as a juror or other teen court member in proceedings involving teen defendants; (D) Fines, not to exceed the statutory amount. (ix) The teen court jury shall not have the power to impose a term of imprisonment. 7-13-1205. Juvenile courts authorized to establish teen court program. (a) Notwithstanding any other provision of the Juvenile Justice Act, W.S. 14-6-201 through 14-6-252, a juvenile court may establish and offer a teen court program substantially complying with the provisions of this act as an alternative to any disposition authorized by W.S. 14-6-229(d), provided: (i) Participation in the teen court program shall be limited to teens charged under the Juvenile Justice Act with having committed a minor offense and who have been adjudicated delinquent; (ii) The juvenile and all parties to the proceeding, including any guardian ad litem appointed in the juvenile court proceeding to represent the best interests of the juvenile, consent to the juvenile's participation in the teen court program; (iii) The juvenile and the juvenile's parents or guardian waive any rights to confidentiality otherwise available under the Juvenile Justice Act; and (iv) The juvenile court finds that participation in the teen court program would be in the best interest of the juvenile. ARTICLE 13 - ADDICTED OFFENDER ACCOUNTABILITY 7-13-1301. Definitions. (a) As used in W.S. 7-13-1301 through 7-13-1304: (i) "Adequate treatment alternative" is a community program certified under rules adopted by the department of health for purposes of providing substance abuse and other related services to criminal offenders. The program shall provide the level of services required of the offender being referred, be certified by the department of health to treat the criminal justice population and shall include protections, including psychological testing and frequent chemical drug testing that can be reasonably relied upon to protect the public safety and to hold the offender accountable; (ii) "Community facility or program" means a community based or community-oriented facility or program which is operated either by a unit of local government or by a nongovernmental agency which provides substance abuse treatment and other necessary programs, services and monitoring to aid offenders in obtaining and holding regular employment, in enrolling in and maintaining academic courses or participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs and in participating in other specialized treatment programs existing within the state. These services may be provided directly or through referrals to other programs; (iii) "Convicted" means an unvacated determination of guilt by any court having legal jurisdiction of the offense and from which no appeal is pending and includes pleas of guilty and nolo contendere. For purposes of W.S. 7-13-1302 only, "convicted" shall include dispositions pursuant to W.S. 7-13-301, 7-13-302(a), 35-7-1037 or deferred prosecutions when ordered. Otherwise, for purposes of this act, "convicted" shall not include dispositions pursuant to W.S. 7-13-301, 7-13-302(a), 35-7-1037 or deferred prosecutions; (iv) "Qualified offender" means a person convicted of a felony whom the court finds has a need for alcohol or other drug treatment. The payment amount required of the offender for treatment shall be based on the ability of the offender to pay as established on a sliding fee scale pursuant to rules and regulations adopted by the department of health and may, at the discretion of the court, be paid through delayed or installment payments. In determining an offender's ability to pay the court may consider present circumstances as well as reasonable future potential; (v) "Substance use disorder assessment" means an evaluation conducted by a qualified person using practices and procedures approved by the department of health to determine whether a person has a need for alcohol or other drug treatment and the level of treatment services required to treat that person; (vi) "Violent felony" means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, arson in the first or second degree, aggravated burglary, a violation of W.S. 6-2-314(a)(i) or 6-2-315(a)(ii) or a third, or subsequent, domestic battery under W.S. 6-2-511(a) and (b)(iii); (vii) "This act" means W.S. 7-13-1301 through 7-13-1304. (b) For purposes of this act "incarceration" or "incarcerated" shall not include periods of confinement allowed under the provisions of W.S. 7-13-1102 or 7-13-1801 through 7- 13-1803. 7-13-1302. Substance use disorder assessment required. All persons convicted of a third misdemeanor under W.S. 31-5- 233(e) or a felony shall receive a substance use disorder assessment. The substance use disorder assessment shall be part of a presentence report if prepared. The cost of the substance use disorder assessment shall be assessed to and paid by the offender. A person who has undergone a substance use disorder assessment pursuant to W.S. 31-5-233(e) may receive a second assessment under this section if the court finds that enough time has passed to make the first assessment inaccurate. 7-13-1303. Suspended sentence for qualified offenders. (a) Except as provided in subsection (c) of this section, notwithstanding any other provision of law, qualified offenders may be placed on probation under W.S. 7-13-301, receive a suspended sentence under W.S. 7-13-302(a) or placed on probation under W.S. 35-7-1037. The sentence or probation order shall set forth the terms of a treatment program based upon the substance use disorder assessment and any other terms and conditions as the court may deem appropriate under the circumstances, and require the offender to satisfactorily complete the treatment program. The court shall include in the sentence or probation order any provisions necessary to reasonably protect the health of the offender. (b) The treatment provider shall be required to report to the court, the prosecuting attorney, probation officer and counsel representing the offender not less than once per month on the offender's progress in meeting the requirements of the sentence and the program. (c) A qualified offender or person sentenced under this act may be incarcerated if the court concludes on the basis of the evidence that: (i) No adequate treatment alternative exists; (ii) Under the facts of the case, the interests of justice require a period of incarceration; provided however, under the circumstances, a portion of the sentence may be suspended under the conditions set forth in subsection (a) of this section; (iii) The offender refuses to agree to participate in the court ordered treatment program or fails to satisfactorily complete the court ordered treatment program; or (iv) The offender commits a felony, sells or otherwise delivers controlled substances while in a program pursuant to this section, or engages in other behavior that poses an unreasonable risk to public safety while in the program. Notwithstanding any other provision of law, in the absence of the commission of these acts, those programs and sanctions set forth in W.S. 7-13-1102 and 7-13-1801 through 7- 13-1803 may be used at the discretion of the probation officer or court to address other violations of the sentencing or probation order. (d) In the event probation is revoked, the court may impose one (1) or more of the sanctions set forth in W.S. 7-13- 1102 or 7-13-1801 through 7-13-1803 unless the court, in its sole discretion, finds that another disposition, including imprisonment, is necessary under the facts of the case. 7-13-1304. Rebuttable presumption in violent crime or delivery of controlled substance cases. If a person has been convicted of a violent felony or delivery or unlawful manufacture of a controlled substance under W.S. 35-7-1031, there is a rebuttable presumption that the person is not a "qualified offender" for purposes of sentencing under this act. This presumption may be rebutted by clear and convincing evidence that the person who is an otherwise qualified offender convicted of a violent felony could participate in a treatment program without posing an unreasonable risk to the safety of the public. As to persons convicted of manufacture or delivery of a controlled substance, the presumption may be rebutted by clear and convincing evidence that the person committed the crime because of his own dependency. ARTICLE 14 - EXPUNGEMENT OF CRIMINAL RECORDS 7-13-1401. Petition for expungement; records of arrest, dismissal of charges, disposition; eligibility; no filing fee. (a) A person, or the state with regard to a petition for the expungement of records pertaining to a juvenile, may petition the court in which a proceeding occurred, or would have occurred, for an order expunging records of arrest, charges or dispositions which may have been made in the case, subject to the following limitations: (i) At least one hundred eighty (180) days have passed since the arrest, or from the date the charge or charges were dismissed for which expungement is sought, there are no formal charges pending against the person when the petition is filed, there were no dispositions pursuant to W.S. 7-13-301 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to W.S. 35-7-1037 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to former W.S. 7-13-203 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, the petitioner sufficiently demonstrates that his petition satisfies all the requirements of this section, and at least one (1) of the following applies: (A) There were no convictions pursuant to any charge or charges, including a conviction pursuant to a different or lesser charge as the result of the incident leading to the arrest; (B) No criminal charges of any nature were filed in any court as the result of the incident leading to the arrest; or (C) All criminal proceedings against the person were dismissed by the prosecutor or the court, and such proceedings were the result of the incident which led to the arrest. (b) Any petition filed under this section shall be verified by the petitioner, served upon and reviewed by the prosecuting attorney, and no order granting expungement shall be issued prior to the expiration of twenty (20) days after service was made. (c) The prosecuting attorney shall file with the court, an objection, if any, to the petition within twenty (20) days after service. If an objection is filed, the court shall set the matter for hearing. If no objection is filed, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section. (d) If the court finds that the petitioner is eligible for relief under this section, it shall issue an order granting the expungement of the applicable record. The court shall also place the court file under seal, available only for inspection by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation. (e) There shall be no filing fee for a petition filed under this section. (f) A person who has received an order of expungement under this section may respond to any inquiry as though the arrest, or charge or charges did not occur, unless otherwise provided by law. (g) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section. (h) Notwithstanding any provision of the Wyoming Governmental Claims Act, the division of criminal investigation and its employees are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section. (j) As used in this section: (i) "Expungement" means only the classification of the record maintained in the files of the state central repository at the division of criminal investigation as defined by W.S. 7-19-107(a), in a manner reasonably tailored to ensure that the record will not be available for dissemination purposes other than to a criminal justice agency of any state or a federal criminal justice agency, to be used solely for criminal justice purposes. Expungement shall not include investigatory files of any local, state or federal criminal justice agency, where those files are being used solely for criminal justice purposes; (ii) "Record" means any notation of the arrest, charge or disposition maintained in the state central repository at the division of criminal investigation, whether in paper or electronic format. (k) The state may file a petition for the expungement of a juvenile arrest record, charges or dispositions without service on the juvenile. For the purposes of this subsection, "expungement" means as defined in W.S. 14-6-241(f). ARTICLE 15 - EXPUNGEMENT OF RECORDS OF CONVICTIONS 7-13-1501. Petition for expungement of records of conviction of certain misdemeanors; filing fee; notice; objections; hearing; definitions; exceptions. (a) A person who has pled guilty or nolo contendere to or been convicted of a misdemeanor may petition the convicting court for an expungement of the records of conviction, subject to the following limitations: (i) At least five (5) years have passed for nonstatus offenses and at least one (1) year has passed for status offenses as defined by W.S. 7-1-107(b)(iii) since the expiration of the terms of sentence imposed by the court, including any periods of probation or the completion of any program ordered by the court; (ii) Repealed by Laws 2015, ch. 164, § 2. (iii) The misdemeanor or misdemeanors for which the person is seeking expungement shall not have involved the use or attempted use of a firearm; (iv) A health care provider who has pled guilty or nolo contendere to or has been convicted of an offense punishable under W.S. 6-2-313 which was committed against a patient under the care of the health care provider shall not be eligible for an expungement of the records of conviction. (b) A petition filed under this section shall be verified by the petitioner and served upon the prosecuting attorney and the division of criminal investigation. The filing fee for each petition filed under this section shall be one hundred dollars ($100.00) and shall be deposited in accordance with W.S. 5-9-144. (c) The prosecuting attorney shall serve notice of the petition for expungement by certified mail, return receipt requested, to any identifiable victims of the misdemeanors at their last known addresses of record on file with the prosecuting attorney. The notices shall include a copy of the petition and statutes applicable to the petition. In the event that there are no identifiable victims, or that there is at least one (1) identifiable victim and the prosecuting attorney has no address of record on file or the notice sent was returned or is otherwise undeliverable, the prosecuting attorney shall notify the court and shall be deemed to have complied with the provisions of this subsection. (d) The court in its discretion may request a written report by the division of criminal investigation concerning the criminal history of the petitioner. (e) The prosecuting attorney shall review the petition and shall file with the court an objection or recommendation, if any, to the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney. If the prosecuting attorney or an identifiable victim submits a written objection to the court concerning the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney, or if the petitioner objects to the criminal history report of the division of criminal investigation if requested by the court, the court shall set a date for a hearing and notify the prosecuting attorney, the identifiable victims who have submitted written objections to the petition, the division of criminal investigation and the petitioner of the date set for the hearing. Any person who has relevant information about the petitioner may testify at the hearing. (f) If no objection is filed to the petition within thirty (30) days after service of the notice by the petitioner upon the prosecuting attorney, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section. No order granting expungement shall be issued prior to the expiration of thirty (30) days after service was made to the prosecuting attorney. (g) If the court finds that the petitioner is eligible for relief under this section and that the petitioner does not represent a substantial danger to himself, any identifiable victim or society, it shall issue an order granting expungement of the applicable records. The court shall also place the court files under seal, available for inspection only by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation. (h) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section. (j) Notwithstanding any provision of the Wyoming Governmental Claims Act, the division of criminal investigation and its employees and any prosecuting attorney are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section. (k) Nothing in this section shall be construed to allow a person who has previously received an expungement of records of conviction under this section to seek a second or subsequent expungement of records of conviction under this section. (m) As used in this section: (i) "Expungement" means as defined in W.S. 7-13-1401(j)(i); (ii) "Misdemeanor" means as defined by W.S. 6-10-101; (iii) "Record" means as defined in W.S. 7-13-1401(j)(ii); (iv) "Health care provider" means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient's physical or mental condition. 7-13-1502. Petition for expungement of records of conviction of certain felonies; filing fee; notice; objections; hearing; definitions; restoration of rights. (a) A person convicted of a felony or felonies subject to expungement under this section arising out of the same occurrence or related course of events, may petition the convicting court for an expungement of the records of conviction, subject to the following limitations: (i) At least ten (10) years have passed since: (A) The expiration of the terms of sentence imposed by the court, including any periods of probation; (B) The completion of any program ordered by the court; and (C) Any restitution ordered by the court has been paid in full. (ii) Other than convictions for which an expungement is sought under this section, the petitioner has not previously pleaded guilty or nolo contendere to or been convicted of a felony; (iii) The felony or felonies for which the person is seeking expungement shall not have involved the use or attempted use of a firearm unless the felony or felonies are offenses punishable under title 23 of Wyoming statutes; (iv) Felonies subject to expungement under this section shall not include: (A) Violent felonies as defined in W.S. 6-1-104(a)(xii); (B) Any offense punishable under W.S. 6-2-106(b); (C) Any offense punishable under W.S. 6-2-108; (D) Any offense punishable under W.S. 6-2-301 through 6-2-320; (E) Any offense punishable under W.S. 6-2-501(f) as in effect prior to July 1, 2014 and any offense punishable under W.S. 6-2-511(b)(iii); (F) Any offense punishable under W.S. 6-2-503; (G) Any offense punishable under W.S. 6-2-508(b); (H) Repealed By Laws 2014, Ch. 124, § 2. (J) Repealed By Laws 2014, Ch. 124, § 2. (K) Any offense punishable under W.S. 6-4-303(b)(i) through (iii); (M) Any offense punishable under W.S. 6-4-402(b); (N) Any offense punishable under W.S. 6-4-405; (O) Any offense punishable under W.S. 6-5-102; (P) Any offense punishable under W.S. 6-5-204(c); (Q) Any offense punishable under W.S. 6-5-206 or 6-5-207; (R) Repealed By Laws 2014, Ch. 124, § 2. (S) Any offense punishable under W.S. 6-8-101 and 6-8-102; or (T) Any offense subject to registration under W.S. 7-19-302(g) through (j); (U) Repealed By Laws 2014, Ch. 124, § 2. (W) Repealed By Laws 2014, Ch. 124, § 2. (b) A petition filed under this section shall be verified by the petitioner and served upon the prosecuting attorney and the division of criminal investigation. The filing fee for each petition filed under this section shall be three hundred dollars ($300.00) and shall be deposited in accordance with W.S. 5-3-205. (c) The prosecuting attorney shall, within thirty (30) days of service upon him, serve notice of the petition for expungement by certified mail, return receipt requested, to any identifiable victims of the nonviolent felonies at their last known addresses of record on file with the prosecuting attorney. The notices shall include a copy of the petition and statutes applicable to the petition. In the event that there are no identifiable victims, or that there is at least one (1) identifiable victim and the prosecuting attorney has no address of record on file or the notice sent was returned or is otherwise undeliverable, the prosecuting attorney shall notify the court and shall be deemed to have complied with the provisions of this subsection. (d) The court in its discretion may request a written report by the division of criminal investigation concerning the criminal history of the petitioner. (e) The prosecuting attorney shall review the petition and shall file with the court an objection or recommendation, if any, to the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney. If the prosecuting attorney or an identifiable victim submits a written objection to the court concerning the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney, or if the petitioner objects to the criminal history report of the division of criminal investigation if requested by the court, the court shall set a date for a hearing and notify the prosecuting attorney, the identifiable victims who have submitted written objections to the petition, the division of criminal investigation and the petitioner of the date set for the hearing. Any person who has relevant information about the petitioner may testify at the hearing. (f) If no objection is filed to the petition within ninety (90) days after service of the notice by the petitioner upon the prosecuting attorney, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this section. No order granting expungement shall be issued prior to the expiration of ninety (90) days after service was made to the prosecuting attorney. (g) If the court finds that the petitioner is eligible for relief under this section and that the petitioner does not represent a substantial danger to himself, any identifiable victim or society, it shall issue an order granting expungement of the applicable records. The court shall also place the court files under seal, available for inspection only by order of that court. The court shall transmit a certified copy of the order to the division of criminal investigation. (h) The state, through the prosecuting attorney, may appeal any order of expungement issued by any court under this section. (j) Notwithstanding any provision within the Wyoming Governmental Claims Act, the division of criminal investigation and its employees and any prosecuting attorney are immune from liability, either as an agency or individually, for any actions, inactions or omissions by the agency or any employee thereof, pursuant to this section. (k) Nothing in this section shall be construed to allow a person who has previously received an expungement of records of conviction under this section to seek a second or subsequent expungement of records of conviction under this section. (m) An expungement of records pursuant to this section shall restore any rights removed as a result of the conviction for which the expungement has been granted. (n) As used in this section: (i) "Expungement" means as defined in W.S. 7-13-1401(j)(i); (ii) "Record" means as defined in W.S. 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 28-12-102 for gubernatorial appointments. The director shall receive an annual salary determined by the department of administration and information human resources division. 7-13-1711. Repealed by Laws 2019, ch. 49, § 3. ARTICLE 18 - PROBATION AND PAROLE INCENTIVES AND SANCTIONS 7-13-1801. Incentives and sanctions system; duties of the department of corrections; definitions. (a) The department shall by rule and regulation establish, maintain and implement an incentives and sanctions system to utilize as responses to positive and negative behavior by probationers, parolees and conditional releasees under the department's supervision. The system shall provide for graduated responses to compliance violations and other violations of supervision conditions in a swift, certain and proportional manner and shall include guidance and procedures to determine when and how to: (i) Request a warrant; (ii) Initiate and conduct any hearing required under W.S. 7-13-1803; and (iii) Seek departmental approval to use custodial sanctions. (b) To implement and continuously improve the incentives and sanctions system, the department shall: (i) Provide information and training on the system to probation and parole agents and supervisors and to members and staff of the state board of parole; (ii) Offer information and training on the system to the Wyoming supreme court, district court judges, circuit court judges, district attorneys, defense attorneys, law enforcement officers, corrections and detention officers, contracted service providers and other interested personnel; (iii) Review the system at least one (1) time every five (5) years to ensure that the system adheres to evidence- based practices and that the use of incentives and sanctions by probation and parole agents is consistent throughout the state; (iv) Ensure that the responses, guidance and procedures established in the system consider community safety and the needs of the victim and offender; (v) Collect data relating to placement decisions determined by using the system; (vi) Aggregate collected data and submit a report by September 1 of each year to the joint judiciary interim committee. (c) As used in this article: (i) "Cognitive-behavioral programming" means programming or therapy that utilize cognitive-behavioral and social learning theories to target a person's dysfunctional beliefs, thoughts and patterns of behavior that contribute or lead to criminal behaviors; (ii) "Compliance violation" means as defined in W.S. 7-13-401(a)(xv); (iii) "Department" means the department of corrections. 7-13-1802. Authorized sanctions. (a) The sanctions authorized under W.S. 7-13-1801(a) may include: (i) Loss or restriction of privileges; (ii) Community service; (iii) Placement in an intensive supervision program established under W.S. 7-13-1102 or a nonresidential community correctional program established under W.S. 7-18-103 or 7-18- 104; (iv) Custodial sanctions authorized under subsection (b) of this section, subject to any procedure required under W.S. 7-13-1803 and any rules promulgated under W.S. 7-13- 1801(a). (b) Subject to the requirements in W.S. 7-13-1803(c), custodial sanctions authorized by W.S. 7-13-1801(a) for compliance violations shall include one (1) or more of the following: (i) A sanction of time served in custody between arrest and hearing or between arrest and the disposition of the alleged violation if a hearing is not held; (ii) Immediate confinement in a consenting Wyoming county jail, to be imposed as a two (2) or three (3) day consecutive period; (iii) Confinement in a consenting Wyoming county jail for up to fifteen (15) consecutive days in addition to any time served between arrest and hearing; (iv) Confinement for up to ninety (90) days in a residential community correction program established under W.S. 7-18-103 or 7-18-104 coupled with substance abuse treatment, cognitive-behavioral programming to address criminal thinking or other programming that the department deems appropriate; (v) Confinement for up to ninety (90) days in a consenting Wyoming county jail coupled with substance abuse treatment contracted with and paid for by the department; (vi) Incarceration in a state penal institution for up to ninety (90) days coupled with substance abuse treatment, cognitive-behavioral programming to address criminal thinking or other programming that the department deems appropriate. 7-13-1803. Procedure for imposing sanctions; housing violators; civil actions against officials. (a) A probation and parole agent who reasonably believes that a defendant, probationer, parolee or conditional releasee has committed one (1) or more compliance violations that require a sanction shall utilize sanctions available within the incentives and sanctions system to determine an appropriate response. Subject to subsection (d) of this section, the agent shall initiate a hearing in accordance with subsection (b) of this section and W.S. 7-13-408 and shall attempt to gain the person's compliance with the conditions of probation, parole or conditional release through the sanctions provided in W.S. 7-13- 1802. (b) Any hearing under this section shall 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. If the hearing officer determines by a preponderance of the evidence that the defendant, probationer, parolee or conditional releasee has violated a condition of probation, parole or conditional release, the hearing officer shall utilize the incentives and sanctions system to determine an appropriate response, which may include the sanctions authorized under W.S. 7-13-1802. (c) Any imposition of custodial sanctions shall be subject to the following conditions: (i) All time in custody related to the compliance violation shall be credited toward the defendant's, probationer's, parolee's or conditional releasee's sentence; (ii) The total of all confinement under W.S. 7-13- 1802(b)(i) and (ii) shall not exceed eighteen (18) days during the term of probation, parole or conditional release; (iii) Cumulative custodial sanctions imposed under W.S. 7-13-1802(b)(i) through (iii) shall not exceed ninety (90) days during the term of probation, parole or conditional release prior to any revocation. (d) A hearing shall be held before custodial sanctions are imposed. The imposition of sanctions shall not require a hearing if: (i) The probationer or parolee is a participant in the intensive supervision program pursuant to W.S. 7-13-1105; (ii) The probationer is a qualified offender whose probation has been previously revoked pursuant to W.S. 7-13- 1303(d); or (iii) The probationer or parolee consents to the administrative sanction without a hearing. (e) Upon agreement of the sheriff and the director of the department of corrections, the probationer, parolee or conditional releasee may be maintained at the county jail at an agreed per diem rate to be paid by the department. The department shall pay for any medical treatment of the probationer, parolee or conditional releasee, other than for conditions demanding immediate medical attention which can be treated at the county jail for which the county is liable under W.S. 18-6-303(c)(i). Except for emergency medical treatment, no treatment which is the responsibility of the department under this subsection shall be provided without the prior approval of the department. (f) If any civil action is brought against any sheriff, his undersheriff, deputy, agent or employee, by reason of acts committed or allegedly committed in the performance of necessary duties in connection with the housing and care of a probation, parole or conditional release violator under this section, the state shall indemnify and hold harmless the officers, agents or employees from all civil liability incurred or adjudged except punitive damage awards. Upon request, the state shall provide legal counsel at the state's expense to assist in the defense of any action referred to in this subsection. (g) Probationers, parolees and conditional releasees committed to the county jail or a residential community correctional program pursuant to this section shall be housed in accordance with subsection (e) of this section or W.S. 7-18- 115(b). CHAPTER 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS
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