2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 40 - Crime Victims Compensation

CHAPTER 40 - CRIME VICTIMS COMPENSATION

 

ARTICLE 1 - IN GENERAL

 

1-40-101. Short title.

 

This act is known and may be cited as the "Crime Victims Compensation Act".

 

1-40-102. Definitions.

 

(a) As used in this act:

 

(i) "Account" means the crime victims' compensation account established by W.S. 1-40-114;

 

(ii) Repealed By Laws 1998, ch. 81, 3.

 

(iii) "Criminal act" means an act committed or attempted in this state, including an act of domestic violence, which constitutes a crime as defined by the laws of this state or an act of terrorism, as defined by 18 U.S.C. 2331 committed outside the United States, and which results in actual bodily injury, or actual mental harm, or death to the victim. No act involving the operation of a motor vehicle, boat or aircraft which results in injury or death constitutes a crime for the purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of the vehicle, boat or aircraft, or unless the act constitutes a violation of W.S. 31-5-233;

 

(iv) "Dependent" means any relative of the victim who was wholly or partially dependent upon the victim's income at the time of his injury or death and includes the child of the victim born after his death;

 

(v) "Economic loss" means and includes medical and hospital expenses, loss of earnings, loss of future earnings resulting from the injury, funeral and burial expenses and loss of support to the dependents of the victim to include home maintenance and child care;

 

(vi) "Medical expense" includes the cost of all medical and dental services, mental health counseling and care, dental and prosthetic devices, eyeglasses or other corrective lenses, and services rendered in accordance with any method of healing recognized by the law of this state;

 

(vii) "Personal injury" means actual bodily injury or actual mental harm;

 

(viii) "Relative of the victim" means his spouse, parent, grandparent, stepparent, child including natural born child, stepchild or adopted child, grandchild, brother or sister;

 

(ix) "Victim" means:

 

(A) A person who suffers personal injury or is killed in this state as a direct result of:

 

(I) A criminal act of another person;

 

(II) The person's good faith and reasonable effort in attempting to prevent the commission of a criminal act, or to apprehend a person engaging in a criminal act or assisting a law enforcement officer to do so;

 

(III) Assisting or attempting to assist a person against whom a crime is being perpetrated or attempted;

 

(IV) A federal crime occurring in Wyoming.

 

(B) A resident who is a victim of a crime occurring outside this state if:

 

(I) The crime would be compensable had it occurred inside this state; and

 

(II) The crime occurred in a state which does not have a crime victim compensation program, for which the victim is eligible as eligibility is set forth in W.S. 1-40-101 through 1-40-119.

 

(C) A resident of this state who is injured or killed by an act of terrorism, as defined by 18 U.S.C. 2331, committed outside the United States;

 

(D) Family members who are Wyoming residents and who have suffered a pecuniary loss as a result of a terrorist attack in the United States, regardless of the actual victim's residency;

 

(E) A resident of this state who is a victim of a crime involving terrorism occurring outside this state if:

 

(I) The crime would be compensable had it occurred within this state; and

 

(II) The resident of this state suffered a pecuniary loss as a direct result of the act of terrorism committed in another state of the United States.

 

(x) "Division" means the victim services division within the office of the attorney general, created by W.S. 9-1-636;

 

(xi) "Catastrophic injury" means any permanent disability of limbs or functions as a result of being a victim of a crime;

 

(xii) "Clandestine laboratory operation remediation" means a remediation of a clandestine laboratory operation carried out by a law enforcement agency acting as an emergency responder pursuant to W.S. 35-9-152(a)(i).

 

1-40-103. Repealed By Laws 1998, ch. 81, 3.

 

1-40-104. Division powers and duties.

 

(a) The division shall:

 

(i) Hear and determine all matters relating to claims for compensation;

 

(ii) Publish annually a report showing its fiscal transactions for the preceding year, the amount of its accumulated cash and securities and a balance sheet showing its financial condition by means of an actuarial evaluation of commission assets and liabilities;

 

(iii) Keep a true and accurate record of all its proceedings, which record is open to public inspection at all reasonable hours;

 

(iv) Promulgate reasonable rules and regulations necessary to carry out the purpose of this act pursuant to the Wyoming Administrative Procedure Act;

 

(v) Perform any other functions necessary to carry out the purpose of this act;

 

(vi) Hearings and final decisions on victim's compensations awards conducted by the division shall be exempt from the Wyoming Administrative Procedure Act, including the provisions for judicial review under W.S. 16-3-114 and 16-3-115.

 

(b) In addition to any other powers specified by law, the division is empowered to:

 

(i) Request access to any reports of investigations, medical records or other data necessary to assist the division in making a determination of eligibility for compensation under this act. Upon authorization of the attorney general, law enforcement officials, state agencies and local government units shall provide assistance or information requested by the division;

 

(ii) Publicize the availability of compensation and information regarding the filing of claims;

 

(iii) Investigate claims;

 

(iv) Repealed By Laws 1998, ch. 81, 3.

 

(v) Subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence;

 

(vi) Apply for and accept and administer monies from the federal government, its agencies and all other sources, public and private, for carrying out any of its functions;

 

(vii) Collect, develop, analyze and maintain statistical information, records and reports as the division determines relevant or necessary to carry out its powers and duties pursuant to this act;

 

(viii) After exhausting all alternatives available in paragraphs (i), (iii), (v) and (vi) of this subsection, direct and pay for medical examinations of victims as the division determines necessary to verify claims of economic loss due to injury;

 

(ix) Collect all monies authorized by this act to be collected by the division; and

 

(x) Pay all compensation or other benefits that are determined to be due under this act and under division rules and regulations.

 

(c) Repealed By Laws 1998, ch. 81, 3.

 

1-40-105. Repealed By Laws 1998, ch. 81, 3.

 

1-40-106. Eligibility for compensation.

 

(a) The victim or his dependent is entitled to compensation under this act if:

 

(i) The victim suffered personal injury as a result of a criminal act;

 

(ii) Repealed by Laws 1989, ch. 233, 2.

 

(iii) The injury to or death of the victim was not attributable to his own wrongful act;

 

(iv) The appropriate law enforcement authorities were notified of the criminal act allegedly causing the injury to or death of the victim as soon as practical under the circumstance after perpetration of the offense and the claimant cooperates with appropriate law enforcement authorities with respect to the crime for which compensation is sought;

 

(v) The application for compensation is filed with the division within one (1) year after the date of the injury to or death of the victim, or within any extension of time the division allows for good cause shown; and

 

(vi) The owner of real estate has paid all claims for reimbursement pursuant to W.S. 35-9-158(a)(ii).

 

(b) No victim or dependent shall be denied compensation solely because:

 

(i) He is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the division may award compensation to a victim or dependent who is a relative, family or household member of the offender only if the division can reasonably determine the offender will receive no economic benefit or unjust enrichment from the compensation;

 

(ii) He is not a resident of the state.

 

(c) Any person who perpetrates any criminal act on the person of another or who is convicted of a felony after applying to the division for compensation is not eligible or entitled to receive compensation under this act.

 

1-40-107. Application for compensation; required information.

 

(a) The application for compensation shall be on a form furnished by the division, setting forth:

 

(i) The victim's name and address;

 

(ii) If the victim is deceased, the claimant's name and address and his relationship to the victim, the names and addresses of the victim's dependents and the extent to which each is dependent;

 

(iii) The date and nature of the criminal act on which claim for compensation is based;

 

(iv) The date and place where and the law enforcement officials to whom notification of the criminal act was given;

 

(v) The nature and extent of the injuries the victim sustained and the names and addresses of those giving medical and hospitalization treatment to the victim;

 

(vi) The economic loss to the applicant and to all other persons as specified under paragraph (a)(ii) of this section resulting from the injury or death;

 

(vii) The amount and source of benefits, payments or awards, if any, payable to the applicant and dependents;

 

(viii) Releases authorizing the surrender to the division of all reports, medical records and other information relating to the claim and crime; and

 

(ix) Any other information the division reasonably requires.

 

(b) The division may require that materials substantiating the facts stated in the application be submitted with the application. If the division finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items or information or materials required and that the applicant has thirty (30) days from the date of the notice in which to furnish those items to the division. The division shall reject the application of an applicant who although notified fails to file the requested information or substantiating materials within the time specified unless he requests, and the division grants, an extension of time in which to furnish that information.

 

(c) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the division disposes of the original application. In either case, the filing of additional information or of an amended application shall be considered to have been filed at the same time as the original application.

 

(d) Information contained in the claim files and records of victims, which are subject to any privilege of confidentiality under Wyoming law, shall remain confidential and shall not be open to public inspection. The information shall be immune from legal process and shall not, without the consent of the person furnishing the information, be admitted as evidence or used for any purpose in any action, suit or other judicial, legislative or administrative proceeding.

 

1-40-108. Hearing; findings; order.

 

(a) Hearings shall be held on the application and are open to the public unless the division determines that a closed hearing is necessary because:

 

(i) The alleged assailant or offender has not been brought to trial and a public hearing would adversely affect either his apprehension or his trial;

 

(ii) The victim or alleged assailant is a minor;

 

(iii) An open hearing would cause trauma for the victim;

 

(iv) A public hearing would frustrate rather than further the interest of justice.

 

(b) A record shall be kept of the proceedings of hearings held before the division and shall include the division's findings of fact and conclusions of the amount of compensation, if any, to which the applicant and persons dependent on a deceased victim are entitled. No part of the record of any hearing before the division may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have perjured himself in his testimony before the division.

 

(c) At the conclusion of the hearing, the division shall enter an order stating:

 

(i) Its findings of fact;

 

(ii) Its decision as to whether or not compensation is due under this act and the amount of compensation due, if any;

 

(iii) Whether disbursement of the compensation awarded is to be made in a lump sum or in periodic payments; and

 

(iv) The person or persons to whom the compensation should be paid.

 

(d) If the division finds, in the case of an application made by a person dependent for his support on a deceased victim, that persons other than the applicant were also dependent on that victim for their support, it shall also:

 

(i) Name those persons in its order;

 

(ii) State the percentage share of the total compensation award and the dollar amount to which each is entitled; and

 

(iii) Order that those amounts be paid to those persons directly or, in the case of a minor or incompetent, to his guardian or conservator, as the case may be.

 

(e) Notwithstanding subsection (a) of this section, the division may promulgate rules providing for an expedited claims process for applications in which eligibility is clear and all information has been verified.

 

1-40-109. Standards for compensation.

 

(a) For the purpose of determining the amount of compensation payable pursuant to this act, the division, insofar as practicable, shall formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States and the availability of funds under this act.

 

(b) Loss of earnings and loss of future earnings shall be determined on the basis of the victim's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.

 

(c) Loss of support shall be determined on the basis of the victim's or defendant's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.

 

(d) Except as provided in subsection (e) of this section, the maximum individual award of compensation paid to any victim or dependent shall not exceed fifteen thousand dollars ($15,000.00).

 

(e) In addition to the maximum award authorized in subsection (d) of this section, in the case of catastrophic injury the division may award an additional amount not to exceed ten thousand dollars ($10,000.00) to the victim to cover future lost wages, special medical needs and any other special assistance needed as a result of the injury. The additional award may be made only for losses and expenses occurring within twenty-four (24) months after the date of the injury.

 

1-40-110. Compensation award.

 

(a) If a person is injured or killed by a criminal act, the division may order the payment of compensation in accordance with this act for:

 

(i) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, by the victim, his dependent, or any person responsible for the victim's maintenance;

 

(ii) Loss of earning power as a result of the victim's total or partial incapacity;

 

(iii) Economic loss to the deceased victim's dependents; and

 

(iv) Any other loss resulting from the personal injury or death of the victim which the division determines to be reasonable.

 

(b) In determining whether to award compensation under this act, the division shall consider:

 

(i) All circumstances surrounding the victim's conduct determined to be relevant which directly contributed to the victim's injury or death;

 

(ii) Need for financial aid; and

 

(iii) Any other relevant matters.

 

(c) The division shall not consider whether the alleged assailant has been apprehended, prosecuted or convicted, nor the result of any criminal proceedings against him.

 

(d) The crime victims compensation account is not a state health program and is not intended to be used as a primary payor to other health care assistance programs, but is a public, quasi-charitable fund whose fundamental purpose is to assist victims of violent crimes through a period of financial hardship as a payor of last resort. Payment made in accordance with this section shall be considered payment of last resort that follows all other sources and is provided subsequent to all other benefits. Accordingly, in determining the amount of compensation to be allowed by order, the division shall consider amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the application. The division shall not deny compensation solely because the applicant is entitled to income from a collateral source.

 

1-40-111. Emergency awards; limitation.

 

(a) The division may grant an emergency award prior to the holding of a hearing, if upon application of a person eligible for compensation, the division determines undue hardship will result to the applicant if immediate payment is not made.

 

(b) The amount of the emergency award shall be dependent on the applicant's immediate and verifiable needs as a result of loss of income or support, for emergency medical treatment, or for funeral and burial expenses. The amount of an emergency award to an applicant shall not exceed one thousand dollars ($1,000.00).

 

(c) Any emergency award granted under this section shall be deducted from the final compensation award made to the applicant. The excess of the amount of any emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made shall be repaid to the division by the applicant.

 

1-40-112. Recovery from offender; restitution.

 

(a) If an order for the payment of compensation for personal injury or death is made under this act, the state, upon payment of the amount of the order, shall be subrogated to any right of action the victim or dependent of the victim has against the person or persons responsible for the injury or death, and the state may bring an action against the responsible person for the amount of the damages the applicant sustained.

 

(b) The applicant or other recipient shall give written notice to the division of the making of a claim or demand or the filing of a suit for the damages specified in subsection (a) of this section.

 

(c) Restitution by an offender under W.S. 7-9-101 through 7-9-112 shall:

 

(i) To the extent compensation is paid under this act, be paid to the division, deposited in the account and be set off against a judgment in favor of the state in a civil action arising out of the same facts or event;

 

(ii) Reduce by like amount any compensation subsequently paid under this act arising out of the same facts or event.

 

(d) Repealed By Laws 1997, ch. 152, 2.

 

(e) Repealed By Laws 1997, ch. 152, 2.

 

(f) Repealed By Laws 1997, ch. 152, 2.

 

(g) Any payment of benefits to, or on behalf of, a victim or other claimant under this act creates a debt due and owing to the state by any person found, in a criminal court proceeding in which he is a party, to have committed the criminal act. Payment of the debt shall be a condition of probation or parole:

 

(i) In making payment of the debt a condition of probation or parole, the court or state board of parole shall set the schedule or amounts of payments, subject to modification based on change of circumstances;

 

(ii) If the court or board does not order payment of the debt, or orders only partial payment, it shall state on the record the reasons therefor.

 

1-40-113. Waivers and releases void; exemption from creditors' claims.

 

Any agreement by an individual to waive, release or commute his rights under this act is void. Compensation due under this act may not be assigned, pledged, encumbered, released or commuted. Compensation under this act is exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, except that compensation for an allowable expense is not exempt from a claim of a creditor to the extent that creditor provided products, services or accommodations, the costs of which are included in the compensation award.

 

1-40-114. Crime victims' compensation account.

 

(a) There is established an account to be known as the crime victims' compensation account. The account is under the administration and control of the division for purposes of providing compensation or other benefits to crime victims and for purposes of implementing this act. The account shall consist of all monies the division receives or collects from any source and all monies shall be paid to the state treasurer for deposit in the account. The division may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the division for the benefit of victims of crime.

 

(b) The monies within the account may be withdrawn therefrom by vouchers signed by the director of the division or his designee. The division shall keep detailed permanent records of all monies credited to the account and all expenditures and disbursements from the account.

 

1-40-115. Informing victims of program and application procedure.

 

Each law enforcement and prosecuting agency, and any victim witness program or family violence advocate funded in whole or in part with state or federal funds, shall exercise reasonable care to insure that victims of crimes are informed of the existence of the state program of compensation for death or injuries sustained by victims of crime and the procedure for applying for compensation under this act.

 

1-40-116. Fees not chargeable.

 

No fee shall be charged to the applicant in any proceeding under this act except as provided by this act. If the applicant is represented by counsel in making application under this act or in any further proceedings provided for in this chapter, the counsel shall not receive payment for his services except an amount as the division determines to be reasonable.

 

1-40-117. Falsifying, destroying or concealment of division records; furnishing false information or failing to disclose; other violations.

 

(a) Any agent or employee of the division who knowingly makes a false entry or falsely alters any division record, or who intentionally destroys, mutilates, conceals, removes or otherwise impairs the verity or availability of any division record with the knowledge of a lack of authority to do so, or who possesses a division record and refuses to deliver up that record upon proper request of a person lawfully entitled to receive it is guilty of a misdemeanor.

 

(b) Any violation of this chapter for which a penalty is not otherwise provided is a misdemeanor.

 

1-40-118. Distribution of monies to crime victim service and victim assistance providers.

 

(a) In addition to any other powers specified in this act the division shall oversee the distribution of federal and state funds under its control, to eligible crime victim service providers, including funds received under the federal Victims of Crime Act of 1984.

 

(b) For purposes of this section "crime victim service provider" means any program operated by a public agency or nonprofit organization or any combination thereof which provides comprehensive services to victims of crime, including but not limited to:

 

(i) Crisis intervention services;

 

(ii) Informing victims and witnesses of the case status and progress;

 

(iii) Assistance in participating in criminal justice proceedings;

 

(iv) Performing advocate duties for crime victims;

 

(v) Assisting victims in recovering property damaged or stolen and in obtaining restitution or compensation for medical and other expenses incurred as a result of crime;

 

(vi) Developing community resources to assist victims of crime;

 

(vii) Assisting victims of crime in the preparation and presentation of claims under the Crime Victims Compensation Act.

 

(c) In establishing priorities the division shall follow requirements regarding prioritization that are established by the funding authority.

 

(d) The division shall by rule establish a method for distributing monies to crime victim service providers. The division's rules and regulations shall reflect the following factors in determining the distribution formula: population, needs assessment, regional cost differences and any requirements promulgated by the granting source.

 

(i) Repealed By Laws 1998, ch. 81, 3.

 

(ii) Repealed By Laws 1998, ch. 81, 3.

 

(iii) Repealed By Laws 1998, ch. 81, 3.

 

(e) In determining whether a victim service provider is eligible to receive grants under subsection (d) of this section, the primary consideration shall be whether the eligibility requirements of the granting source are met, including the provider's agreement to submit an annual unduplicated count of the number of victims served in accordance with rules and regulations promulgated by the division.

 

(i) Repealed By Laws 1998, ch. 81, 3.

 

(ii) Repealed By Laws 1998, ch. 81, 3.

 

(f) Funds distributed under this section shall supplement, not supplant, existing victim or witness programs throughout the state.

 

(g) To the extent the legislature provides funding for victim assistance providers that serve victims of all crimes, the division of victim services shall:

 

(i) Distribute the state funding provided for victim assistance providers as follows:

 

(A) No less than two percent (2%) of the total amount of state funding shall be distributed to each county and the Wind River Indian Reservation for victim assistance providers within the county or within the Wind River Indian Reservation that meet the requirements established by the division of victim services;

 

(B) Of the remaining state funding under this subsection, amounts shall be distributed to the victim assistance providers within the counties and the Wind River Indian Reservation on a proportional basis according to each county's and the reservation's population. For purposes of the distribution under this subparagraph, the population residing on the Wind River Indian Reservation shall be determined separate from the balance of the population of Fremont county;

 

(C) If funds have been returned to the division pursuant to unfulfilled contracts under this subsection at the end of the fiscal year, prior to reversion pursuant to W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), a law enforcement agency that has carried out a clandestine laboratory operation remediation may apply for compensation under this subsection for any remediation expenses not otherwise collected pursuant to W.S. 35-9-158(a). The maximum amount payable pursuant to this subsection to a law enforcement agency that has carried out a clandestine laboratory operation remediation shall be the amount set forth in the court approved expense report as provided under W.S. 35-9-158(a) minus amounts collected from other sources pursuant to W.S. 35-9-158(a).

 

(ii) Require victim assistance providers to:

 

(A) Provide the services specified under subsection (a) of this section;

 

(B) Advocate to ensure victims are allowed to exercise their rights under the victims bill of rights established in W.S. 1-40-203;

 

(C) Submit their long-term strategic plans to the division of victim services for approval.

 

(iii) Establish minimum program standards and uniform reporting procedures for victim assistance providers that receive state funding under this subsection through rules and regulations adopted in accordance with W.S. 9-1-638(a)(vii).

 

1-40-119. Surcharge to be assessed in certain criminal cases; paid to account.

 

(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the offenses specified in paragraph (v) of this subsection, not less than one hundred fifty dollars ($150.00) nor more than three hundred fifty dollars ($350.00) for the first plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection, and not less than two hundred dollars ($200.00) nor more than four hundred dollars ($400.00) for each subsequent plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection:

 

(i) Any crime enumerated in W.S. 6-1-101 through 6-10-203;

 

(ii) Any violation of W.S. 31-5-225, 31-5-229, 31-5-233 or 41-13-220(a);

 

(iii) Any violation of W.S. 35-7-1001 through 35-7-1057;

 

(iv) Any violation of W.S. 6-2-314 through 6-2-318;

 

(v) Any violation of a municipal ordinance which has substantially similar elements to the criminal offenses specified in paragraphs (ii) through (iv) of this subsection or any other violation of a municipal ordinance which causes actual damage to persons or property.

 

(b) The surcharge enumerated in subsection (a) of this section shall be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or who participates in any other diversion agreement.

 

(c) Under no circumstances shall a court fail to impose the surcharge required by subsections (a) and (b) of this section if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.

 

(d) The surcharge shall be paid within ten (10) days of imposition unless the court determines that it shall be paid in installments over a reasonable period of time. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt proceedings or other proceedings to collect the surcharge may be initiated by the prosecuting attorney, by the court on its own motion or by the division.

 

(e) Monies paid to the court by a defendant shall be applied to the surcharge before being applied to any fine, penalty, cost or assessment imposed upon the defendant. The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the division for deposit in the account.

 

ARTICLE 2 - VICTIM AND WITNESS BILL OF RIGHTS

 

1-40-201. Short title.

 

This act may be cited as the "victims bill of rights".

 

1-40-202. Definitions.

 

(a) As used in this act:

 

(i) "Criminal act" means conduct which would constitute a crime as defined by the laws of this state;

 

(ii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a criminal act or a family member of a victim who is a minor or an incompetent or a surviving family member of a homicide victim;

 

(iii) "Witness" means a person who is likely to testify in a criminal proceeding;

 

(iv) "Key witness" means any witness identified in writing by the prosecution as being entitled to the rights provided by this act;

 

(v) "This act" means W.S. 1-40-201 through 1-40-210.

 

1-40-203. Victim and witness bill of rights.

 

(a) All victims and witnesses of crime shall be treated with compassion, respect and sensitivity.

 

(b) Crime victims, key witnesses and, upon request, other witnesses shall have the following rights:

 

(i) To be provided notification and information about events affecting the status of the case. These events shall include, but are not limited to, the following as specified in W.S. 1-40-204:

 

(A) The general status of the case, provided the release of information does not compromise the investigation or endanger witnesses;

 

(B) The scheduled hearings and dispositions of the case;

 

(C) The sentencing phase of the case;

 

(D) The imprisonment or release of the accused or convicted defendant.

 

(ii) To be provided information about the right to receive judicially ordered restitution as provided in W.S. 7-9-102;

 

(iii) To be provided information about their rights, privileges and interests under this act as provided in W.S. 1-40-204;

 

(iv) To be provided information about compensation available under the Crime Victims Compensation Act as provided in W.S. 1-40-101 through 1-40-119;

 

(v) To be provided information about services and assistance available to victims and witnesses as provided in W.S. 1-40-204;

 

(vi) To be provided information about available legal recourse and other measures if subjected to threats or intimidation as provided in W.S. 1-40-205;

 

(vii) To be provided, at the discretion of the prosecuting attorney or criminal justice personnel, reasonable protection and safety immediately before, during and after criminal justice proceedings;

 

(viii) To be provided with the names, official telephone numbers and official addresses of the primary law enforcement officer and prosecutor assigned to investigate the case;

 

(ix) To attend and participate in criminal justice system proceedings as provided in W.S. 1-40-206;

 

(x) To have the accused brought to trial as provided in W.S. 1-40-207. Nothing in this paragraph shall inhibit the ability of counsel for the state and the defendant from entering into any negotiated disposition of any charge or charges which have been levied against the accused;

 

(xi) To prompt return of property seized as evidence as provided in W.S. 1-40-208;

 

(xii) To be protected from discharge or discipline by an employer due to involvement with the criminal justice process as provided in W.S. 1-40-209;

 

(xiii) To be notified about the defendant's conviction as provided in W.S. 7-21-102(a);

 

(xiv) To be notified about the victim's opportunity to make a victim impact statement for use in the preparation of a presentence investigation report concerning the defendant as provided in W.S. 7-21-102(a)(iii);

 

(xv) To be provided with the address and telephone number of each probation office which is to prepare the presentence investigation as provided in W.S. 7-21-102(a)(iv);

 

(xvi) To be notified that the presentence investigation report and any statement of the victim in the report will be made available to the defendant as provided in W.S. 7-21-102(a)(v);

 

(xvii) To be notified about the opportunity to make an impact statement at sentencing as provided in W.S. 7-21-102(a); and

 

(xviii) To be notified of the time and place of the sentencing proceeding and any changes thereof as provided in W.S. 7-21-102(a)(vii).

 

(c) Courts shall enforce crime victim and witness rights under this act to the extent the recognition of those rights do not conflict with constitutional and statutory rights of the defendant.

 

1-40-204. Rights of victims and witnesses to be informed during the criminal justice process.

 

(a) Victims of a criminal act shall be informed without undue delay by law enforcement about:

 

(i) The rights enumerated in this act;

 

(ii) The right to be informed of the status of the case from the initial police investigation to the final appellate review;

 

(iii) The fact that financial assistance or other social service options may be available to the victim;

 

(iv) The existence of the Crime Victims Compensation Act and that compensation may be available to the victim;

 

(v) The right to have an interpreter or translator to inform the victim of these rights;

 

(vi) The name and official telephone number of the primary law enforcement officer assigned to investigate the case together with the official address and telephone number of the criminal justice agency investigating the case;

 

(vii) The right to seek legal counsel and to employ an attorney.

 

(b) Victims and key witnesses of a criminal act shall be informed in writing by the prosecuting attorney about:

 

(i) Subject to order of the court, the right to attend all hearings and proceedings involving the case, including the right to be notified, upon request, of the date, time and place of those hearings;

 

(ii) The right to be notified in advance, if reasonable, when a court proceeding has been rescheduled or canceled;

 

(iii) The right to be advised of the potential for plea negotiations and, prior to sentencing, the right to be informed of the existence of a negotiated plea, the essentials of the agreement, and the reasons for the disposition;

 

(iv) The right to know the accused has obtained a pretrial or presentence release;

 

(v) The right to discuss the case with the prosecutor, and the official address and official telephone number of the prosecutor;

 

(vi) The availability of other remedies, including the right to proceed in civil litigation generally and the right to any profits attributable to the offender as a result of publication or media coverage resulting from the crime;

 

(vii) The fact that the attorneys involved and their investigators are advocates either for the state or for the defendant;

 

(viii) The right to refuse to talk to attorneys, private investigators, law enforcement, or anyone else unless on the witness stand or under subpoena;

 

(ix) If known to the prosecutor, the schedule of any post sentence hearings affecting the probation of the offender;

 

(x) The right to provide an affidavit asserting acts or threats of physical violence by the accused or at the accused's direction against the victim or a relative of the victim, the survivor or designated key witness.

 

(c) Victims, key witnesses, offices of prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution shall be offered the opportunity to be informed in writing by the department of corrections about:

 

(i) The commencement of the offender's imprisonment to serve the sentence imposed and the name, official address and security classification of the place of confinement;

 

(ii) The earliest date upon which the offender could be released and the date released;

 

(iii) Any transfer of the offender to another facility including the security classification of that facility;

 

(iv) Any work release of the offender and the assigned work release site;

 

(v) Any change in location of the offender's parole supervision;

 

(vi) The escape, recapture or death of an offender;

 

(vii) Any reduction or extension of the offender's sentence.

 

(d) Victims, key witnesses, offices of prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution shall be offered the opportunity to be informed in writing by the board of parole about:

 

(i) Any decision to grant or modify parole and any conditions imposed;

 

(ii) Any pending revocation of parole, any associated return to custody, the revocation hearing date and disposition of revocation proceedings;

 

(iii) Any absconscion from supervision and subsequent apprehension;

 

(iv) Any rescission of parole;

 

(v) Discharge from parole.

 

(e) The governor's office shall ensure that the appropriate government agency shall notify in writing, or in person, victims, key witnesses, prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution of an application for a pardon or the pending commutation of the offender.

 

(f) Victims, key witnesses, prosecutors, victim witness coordinators and advocates who have participated in the criminal prosecution who wish to receive notification and information shall provide the appropriate criminal justice agencies with their current address and telephone number. This address will only be used for notification purposes.

 

(g) Nothing in subsections (c) through (e) of this section shall mean the victim, key witnesses, prosecutors, victim witness coordinators or advocates who have participated in the criminal prosecution shall be given information that could jeopardize the safety or security of any person.

 

1-40-205. Victims and witnesses of crime; free from intimidation.

 

(a) A victim or witness has the right to be free from any form of harassment, intimidation or retribution.

 

(b) When waiting to testify in any proceeding regarding a criminal act, a victim or key witness has the right to be provided, upon request, with a waiting area separate from other witnesses.

 

(c) When the threat of harassment, intimidation or retribution cannot be avoided, the court shall take appropriate measures to protect the victim or key witness.

 

(d) Law enforcement officers and prosecuting attorneys shall provide information regarding law enforcement measures available to protect victims and key witnesses.

 

1-40-206. Victims of crime; present in court.

 

Unless the court for good cause shown shall find to the contrary, the victim, the victim's designee or both shall have the right to be present at all trial proceedings which may be attended by the defendant.

 

1-40-207. Victims; timing of trial of accused.

 

(a) The court shall consider the victim's interest and circumstances when setting any date for trial or in granting or denying continuances.

 

(b) Nothing in this section shall infringe upon any rights of the accused in a criminal case or inhibit the ability of the prosecution and defense from entering into any agreement as to trial setting or negotiated disposition of any charge or charges pending against the defendant.

 

1-40-208. Prompt return of property.

 

(a) Victims and witnesses have the right to have any personal property, which is not contraband, promptly returned and any real estate, subject to declaration as uninhabitable under W.S. 35-9-156(d), released to the control of the real estate owner, provided it does not interfere with prosecution, trial or appellate review of the case.

 

(b) Criminal justice agencies shall work together to expedite the return of property when it is no longer needed. Prosecuting attorneys shall promptly notify law enforcement agencies when evidence is no longer needed.

 

(c) The trial court exercising jurisdiction over a criminal proceeding shall, if requested, enter appropriate orders to implement the provisions of this section.

 

1-40-209. Victims and witnesses have a right to preservation of employment.

 

(a) A victim or witness who responds to a subpoena from either the prosecution or defense in a criminal case during working hours shall not suffer any change in terms of employment solely because of the act of responding to a subpoena.

 

(b) A victim or witness, upon request, shall be assisted by law enforcement agencies, the prosecuting attorney or defense attorney in informing an employer that the need for victim or witness cooperation may necessitate the absence of the victim or witness from work.

 

(c) A victim or witness, who as a direct result of a criminal act or of cooperation with law enforcement agencies, prosecuting attorney or defense attorney, experiences financial hardship, shall be assisted by those agencies, the prosecuting attorney or defense attorney in explaining to employers and creditors the reasons for that financial hardship.

 

1-40-210. No civil liability created; testimony inadmissible; no relief by appeal.

 

(a) Nothing in this act shall be construed to create any civil cause of action for monetary damages against any person nor shall it constitute grounds for any claim or motion raised by either the state or defendant in any proceedings.

 

(b) Testimony or argument regarding the compliance or noncompliance with this act is inadmissible in any criminal trial.

 

(c) The failure of a victim, designee or any criminal justice agency personnel to exercise or enforce any right granted by the provisions of this act shall not be grounds for relief during proceedings or for any appeal of a conviction by a defendant or grounds for any court to set aside, reverse or remand a criminal conviction.

 

ARTICLE 3 - COMPENSATION FROM BENEFITS OF CRIME

 

1-40-301. Compensation from benefits of crime.

 

The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the legislature to provide a mechanism whereby any profits from a criminal act that are received by the person convicted of the criminal act are available as restitution to the victims of the criminal act.

 

1-40-302. Definitions.

 

(a) As used in this article:

 

(i) Repealed By Laws 1998, ch. 81, 3.

 

(ii) "Criminal act" means a conviction of an offense as defined by W.S. 1-40-202(a)(i);

 

(iii) "Escrow account" means an account created under W.S. 1-40-303(a);

 

(iv) "Profits from the crime" means:

 

(A) Any property obtained through or income generated from the commission of the criminal act of which the defendant was convicted;

 

(B) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of the criminal act of which the defendant was convicted, including any gain realized by the sale, conversion or exchange; and

 

(C) Any property that the defendant obtained or income generated as a result of having committed the criminal act of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the criminal act, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

 

(v) "Victim" means as defined by W.S. 1-40-202(a)(ii);

 

(vi) "Division" means the victim services division within the office of the attorney general, created by W.S. 9-1-636.

 

1-40-303. Distribution of profits from crime.

 

(a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the division any money that would otherwise by terms of the contract be paid to the defendant or the defendant's representatives or assignees. The division shall deposit the money in an escrow account for the benefit of any victim of the criminal act of which the defendant was convicted.

 

(b) Notwithstanding any other applicable statute of limitations, any person who is a victim of the criminal act from which a defendant receives profits under subsection (a) of this section may, within five (5) years of the establishment of the escrow account:

 

(i) Enforce any order of restitution entered against the defendant against the monies on deposit in the escrow account; or

 

(ii) Bring a civil action in a court of competent jurisdiction to recover a judgment against the defendant or the defendant's representatives or designees and enforce the judgment against monies on deposit in the escrow account.

 

(c) Upon establishing an escrow account pursuant to subsection (a) of this section, the division shall notify, at their last known address, all known victims of the criminal act of the establishment of the escrow account. The notice shall specify the existence of the escrow account, the amount on deposit and the victim's right to execute an order of restitution or bring a civil action to recover against the monies in the escrow account within five (5) years of the date the escrow account is established.

 

(d) The attorney general is authorized to bring any action necessary to enforce subsection (a) of this section. If the attorney general prevails in an action under this subsection, the court shall order the payment from the monies recovered to the attorney general of reasonable costs and attorney's fees.

 

1-40-304. Notification of division.

 

It shall be the responsibility of the victim, the victim's attorney, or the victim's representative to notify the division of the filing of any civil action under W.S. 1-40-303(b)(ii).

 

1-40-305. Disbursal of compensation; more than one claim.

 

(a) The division shall not disburse any compensation from the escrow account until the later of:

 

(i) Five (5) years after the escrow account is established; or

 

(ii) The date all civil actions of which the division has actual knowledge and that are filed within the five (5) year period provided by W.S. 1-40-303(b)(ii) have been settled or reduced to judgment.

 

(b) If more than one (1) claim against the monies in escrow is filed pursuant to W.S. 1-40-303(b)(i) or (ii), the division shall disburse payments from the escrow account on a pro rata basis.

 

1-40-306. Actions null and void.

 

Any action taken by a defendant who is convicted of a criminal act or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities or any other action, to defeat the purpose of this article shall be null and void as against the public policy of this state.

 

1-40-307. Interest on monies in escrow account.

 

Interest earned on the monies deposited in an escrow account shall accrue to the benefit of the payees of the account.

 

1-40-308. Disbursal of unclaimed funds.

 

(a) Any unclaimed funds remaining in an escrow account after the disbursal period provided by W.S. 1-40-305(a) shall be forfeited and paid over to the crime victims compensation account created by W.S. 1-40-114 in accordance with this section.

 

(b) If any unclaimed funds remain in an escrow account after the disbursal period provided by W.S. 1-40-305(a), the division shall seek an order in district court to show cause why the funds should not be forfeited. Notice to the defendant and proceedings on the order to show cause shall be according to the Wyoming Rules of Civil Procedure, provided notice by publication shall be once each week for two (2) consecutive weeks. The trial of the issues shall be by the court.

 

(c) On final hearing the order to show cause shall be taken as prima facie evidence that the funds constitute profits from the crime and is sufficient for a judgment of forfeiture in the absence of other proof.

 

(d) In disputed cases the burden shall be upon the division to show that there is a reasonable basis for believing that the funds constitute profits from the crime.

 

(e) The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself.

 

(f) Upon the entry of a judgment of forfeiture the court shall order the funds paid over to the crime victims compensation account created by W.S. 1-40-114.