§ 1-40-208 — Prompt return of property; photographs in lieu 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, which is not contraband, when
it is no longer needed. Prosecuting attorneys shall promptly
notify law enforcement agencies when evidence is no longer
needed. The prosecuting attorney shall notify the attorneys for
the defendants of the intention to return the property twenty
(20) days prior to its return to enable the defendants to seek
relief from the court. No notice is required in the absence of a
known suspect or defendant unless otherwise ordered by the
court. No later than sixty (60) days after the property is taken
as evidence, the prosecuting attorney shall make an initial
determination whether to expedite the return of property to the
victim or witness. The prosecuting attorney in exercising
discretion to expedite the return of property shall consider
whether:
(i) Photographs of the property would be admissible
as evidence in lieu of the property;
(ii) Submitting the photographs into evidence in lieu
of the property will substantially prejudice any criminal
proceeding;
(iii) The property is required for evidentiary
analysis; and
(iv) Ownership of the property is disputed.
(c) The trial court exercising jurisdiction over a
criminal proceeding shall, if requested, enter appropriate
orders to preserve the property for evidentiary analysis or use,
or return the property to the victim or witness as appropriate.