2010 Wyoming Statutes
Title 18 - Counties
Chapter 6 - Courthouses And Jails

CHAPTER 6 - Courthouses and Jails

 

ARTICLE 1 - GENERALLY

 

18-6-101. Authority to acquire and dispose of sites generally.

 

(a) Each board of county commissioners may purchase or receive by donation or otherwise a site for a county courthouse, jail or both at the county seat of the county or a site for a county jail at any location within the county, and may erect thereon a suitable courthouse, jail or both if in the county seat, or a suitable jail if not located in the county seat. If such a building is to replace one presently in use the board may sell the building to be replaced.

 

(b) If a courthouse or jail to be replaced is sold it shall be sold at public auction to the highest bidder for cash or on such terms of payment as determined by the board and in case of deferred payments, security is required satisfactory to the board. No sale shall occur until public notice has been given in some newspaper published and of general circulation in the county once a week for four (4) weeks. The notice shall specify the time, place and terms of sale. All proceeds of the sale shall be paid into the county treasury and only expended for a site or toward the erection of a new building to replace the one sold.

 

ARTICLE 2 - CONSTRUCTION OF JAILS

 

18-6-201. Construction of jails; authority of county commissioners; plans and specifications; maximum cost permitted; call for bids; limitations applicable only when costs paid from general fund.

 

(a) Whenever the board of county commissioners deems it in the best interest of the county to have a jail constructed they shall cause plans and specifications for a jail to be prepared by a competent architect. After the plans and specifications are prepared, reviewed and critiqued by the sheriff and adopted by the board of county commissioners they shall deposit them in the office of the county clerk for the county where they shall be available for the inspection of all persons. The board of county commissioners shall give notice that they will receive sealed proposals for the building of the jail according to the plans and specifications by publication in a newspaper once each week for four (4) consecutive weeks in any newspaper of general circulation within the county. The notices shall state that the commissioners will until a specified day not less than thirty (30) days from publication of the notice receive sealed proposals for the building of all or part of the jail. Proposals shall be delivered to the county clerk.

 

(b) This section applies only if the cost of the construction of the jail is to be paid from the general fund of the county. If bonds are to be issued pursuant to W.S. 18-4-302 then the above limitations shall not apply.

 

(c) Subsection (a) of this section does not apply to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701.

 

18-6-202. Construction of jails; opening of bids or proposals; awarding of contract; security for completion; payment; exemption for alternate delivery methods.

 

(a) On the day appointed for opening the bids the county commissioners shall open and declare the same in public and shall award the contract or contracts to the lowest bidder.

 

(b) The bids shall be accompanied by a bid bond or other form of bid guarantee satisfactory to the board in an amount equal to ten percent (10%) of the aggregate amount of the bid. Before the contract is executed the successful bidder shall furnish to the board a performance and payment bond or other form of surety satisfactory to the board, in an amount equal to one hundred percent (100%) of the contract price. All bonds provided pursuant to this section shall be executed by a surety company authorized to do business in the state of Wyoming.

 

(c) Repealed by Laws 1995, ch. 122, 3.

 

(d) Subsections (a) and (b) of this section do not apply to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701.

 

ARTICLE 3 - JAILS GENERALLY

 

18-6-301. Repealed by Laws 1995, ch. 122, 3.

 

 

18-6-302. Jail to be kept by sheriff; manner in which prisoners to be kept.

 

 

(a) The county sheriff or his deputy shall keep and maintain the jail in a safe and secure manner and is responsible for its operation.

 

(b) Repealed by Laws 1995, ch. 122, 3.

 

18-6-303. Care of prisoners; audit of expenses.

 

 

(a) Repealed by Laws 1995, ch. 122, 3.

 

(b) The sheriff shall arrange for the administration of medical care reasonably required by prisoners committed to his custody.

 

(c) The county commissioners shall pay for reasonable and necessary medical care for:

 

(i) Injuries incurred by a prisoner:

 

(A) While in custody if the injuries are the proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;

 

(B) During an arrest by the sheriff or a member of his staff for commission of a crime, provided the injuries were not incurred while unlawfully resisting arrest;

 

(C) While on work release or when performing duties assigned by the sheriff or a member of his staff.

 

(ii) Any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; or

 

(iii) Medical examinations required by law or court order unless the order otherwise provides.

 

(d) Unless indigent, a prisoner shall pay the cost of medical treatment for:

 

(i) Injuries incurred by that prisoner:

 

(A) While in custody if the injuries are not the proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;

 

(B) During the commission of a crime; and

 

(C) While unlawfully resisting arrest or attempting to avoid an arrest.

 

(ii) Self-inflicted injuries;

 

(iii) Pre-custodial injuries or illness;

 

(iv) Pre-custodial dental conditions; and

 

(v) Any other injuries not covered under subsection (c) of this section.

 

(e) A health care provider furnishing treatment to a prisoner for which the prisoner is liable for payment shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the provider is unable to collect the cost after making reasonable efforts to secure collection, and the provider certifies by affidavit to the board of county commissioners that it is unable to collect the cost of medical treatment, the board of county commissioners, following payment, may initiate proceedings to collect from the prisoner any amounts so paid.

 

(f) The sheriff may require a nonindigent prisoner to pay for any medical treatment under subsection (d) of this section, including any voluntary or involuntary mental health evaluation. Necessary medical treatment shall not be denied based upon a prisoner's inability to pay.

 

18-6-304. Repealed by Laws 1991, ch. 216, 2.

 

 

18-6-305. Care of United States prisoners; disposition of monies collected.

 

Every sheriff or keeper of a jail to which any prisoner is committed by any marshal or other officer of the United States shall be responsible for the safekeeping of the prisoner according to the terms of the commitment. The money paid by the United States for the use of jails shall be credited to the general fund of the county wherein the jail is situated.

 

18-6-306. Care of prisoners arrested by state trooper and other special officers.

 

(a) Every sheriff or keeper of any jail shall provide space if available for holding any persons arrested by a state trooper or other special officer of the state lawfully entitled to make arrests, prior to their trial and final commitment or release subject to the order of the court having jurisdiction.

 

(b) Every sheriff or keeper of a jail to which any persons may be committed by any state trooper or other special officer of the state shall be responsible for the safekeeping of such persons according to the terms of such commitment.

 

18-6-307. Removal of prisoners in case of fire.

 

Whenever any jail is on fire or any building contiguous or near a jail is on fire and there is reason to believe that the prisoners confined in the jail may be injured or endangered, the sheriff or keeper of the jail may remove the prisoners to some safe and convenient place and confine them as long as necessary to avoid such danger, or if the jail is destroyed, until some other place is provided by the county commissioners for their safekeeping.

 

18-6-308. Sheriff and prisoners not subject to arrest when traveling.

 

Any sheriff or other officer who has arrested any prisoner may pass through any county that is in the ordinary route of travel from the place where the prisoner was arrested to the place where he is to be delivered. The prisoner and the officers having custody are immune from the service of civil process while passing through the county.

 

18-6-309. Repealed by Laws 1994, ch. 20, 2.

 

 

18-6-310. Juvenile prisoners.

 

(a) Subject to subsection (b) of this section, juvenile prisoners whenever practicable shall be kept separate from adult prisoners. Visits of parents shall be permitted at reasonable hours.

 

(b) Juvenile prisoners shall be kept separate from adult prisoners.

 

18-6-311. Custody and safekeeping of documents relating to prisoners.

 

All instruments, writs, process of any kind, or attested copies thereof by which any prisoner is committed or released shall be endorsed and filed in some suitable place and all such documents shall be delivered to the successor of the officer having charge of the prisoner or succeeding to the office of sheriff.

 

18-6-312. Jail register to be kept; information to be shown.

 

 

(a) The sheriff or other officer performing the duties of sheriff shall maintain adequate records relating to the safety, health and welfare of all prisoners.

 

(i) Repealed by Laws 1995, ch. 122, 2, 3.

 

(ii) Repealed by Laws 1995, ch. 122, 2, 3.

 

(iii) Repealed by Laws 1995, ch. 122, 2, 3.

 

(iv) Repealed by Laws 1995, ch. 122, 2, 3.

 

(v) Repealed by Laws 1995, ch. 122, 2, 3.

 

18-6-313. Restrictions on jail expenses.

 

Nothing in W.S. 18-6-201 or 18-6-202 or 18-6-302 through 18-6-305 or 18-6-307 through 18-6-312 shall be construed as authorizing any board of county commissioners to give extra compensation to the county sheriff for performing the duties specified therein, or of incurring any expense on behalf of the county without the written authority of the board of county commissioners except as specifically provided.

 

18-6-314. Contract placement of jail prisoners.

 

Subject to approval by the board of county commissioners and to the availability of funds, the sheriff may contract with a community correctional facility operated under the Adult Community Corrections Act for the housing of prisoners confined in the county jail in accordance with law for conviction of a misdemeanor. The contract shall ensure that the rights and privileges of prisoners housed in a community correctional facility under this section are not more restricted than those otherwise housed in the county jail.

 

18-6-315. Prisoners not deemed to be in solitary confinement.

 

A prisoner shall not be considered to be held in solitary confinement solely because he is the only prisoner in the jail.

 

18-6-316. Contract for housing municipal prisoners.

 

Subject to approval by the board of county commissioners, the sheriff may contract with any municipality in Wyoming for the housing of prisoners charged or sentenced for municipal ordinance violations in the county jail.