2022 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 18 - Community Corrections
Section 7-18-108 - Placement of Offender in Program by Court; Placement by Department as Administrative Sanction.
7-18-108. Placement of offender in program by court; placement by department as administrative sanction.
(a) Subject to subsection (b) of this section, following an eligible adult offender's conviction or his plea of guilty, the sentencing court may, as a condition of probation, order that the offender participate in a residential or nonresidential adult community correctional program during all or any part of his term of probation.
(b) Placement of an offender in an adult community correctional facility or program under this section shall be made only if:
(i) The adult community correctional facility or program is operated by a governmental unit or a nongovernmental agency which has entered into a contract with the corrections board serving the county in which the defendant is sentenced and the corrections board has contracted with the department to provide adult community correctional services for offenders;
(ii) Funding for the placement is available;
(iii) The offender is acceptable to the corrections board; and
(iv) The offender is assessed through a validated risk-need assessment as a high risk for reoffending or violating a condition of probation.
(c) Prior to the placement of an offender in any nongovernmental adult community correctional facility, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.
(d) The probation and parole agent for the judicial district shall include in the presentence report or otherwise recommend to the sentencing judge recommendations for the utilization of any governmental or, when available, nongovernmental adult community correctional facility or program which has been approved for use by the corrections board.
(e) The probation and parole officers for the judicial district shall have general supervisory authority over all offenders placed in adult community correctional facilities or programs under this section.
(f) Subject to subsection (b) of this section, the department may impose the administrative sanctions provided in W.S. 7-13-1802(b) on any probationer participating in an intensive supervision program who violates the rules and restrictions of the program as an alternative to probation revocation.
(g) Notwithstanding paragraph (b)(iv) of this section, placement of a probationer in an adult community correctional program as a sanction under subsection (f) of this section and 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.
