§ 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.