§ 7-13-1803 — Procedure for imposing sanctions; housing violators; civil actions against officials

(a) A probation and parole agent who reasonably believes
that a defendant, probationer, parolee or conditional releasee
has committed one (1) or more compliance violations that require
a sanction shall utilize sanctions available within the
incentives and sanctions system to determine an appropriate
response. Subject to subsection (d) of this section, the agent
shall initiate a hearing in accordance with subsection (b) of
this section and W.S. 7-13-408 and shall attempt to gain the
person's compliance with the conditions of probation, parole or
conditional release through the sanctions provided in W.S. 7-13-
1802.
(b) Any hearing under this section shall be before the
field services administrator, his designated hearing officer or
any other person authorized pursuant to the laws of this state
to hear cases of alleged probation, parole or conditional
release violations, except that no hearing officer shall be the
person making the allegation of violation. If the hearing
officer determines by a preponderance of the evidence that the
defendant, probationer, parolee or conditional releasee has
violated a condition of probation, parole or conditional
release, the hearing officer shall utilize the incentives and
sanctions system to determine an appropriate response, which may
include the sanctions authorized under W.S. 7-13-1802.
(c) Any imposition of custodial sanctions shall be subject
to the following conditions:
(i) All time in custody related to the compliance
violation shall be credited toward the defendant's,
probationer's, parolee's or conditional releasee's sentence;
(ii) The total of all confinement under W.S. 7-13-
1802(b)(i) and (ii) shall not exceed eighteen (18) days during
the term of probation, parole or conditional release;
(iii) Cumulative custodial sanctions imposed under
W.S. 7-13-1802(b)(i) through (iii) shall not exceed ninety (90)
days during the term of probation, parole or conditional release
prior to any revocation.
(d) A hearing shall be held before custodial sanctions are
imposed. The imposition of sanctions shall not require a hearing
if:
(i) The probationer or parolee is a participant in
the intensive supervision program pursuant to W.S. 7-13-1105;
(ii) The probationer is a qualified offender whose
probation has been previously revoked pursuant to W.S. 7-13-
1303(d); or
(iii) The probationer or parolee consents to the
administrative sanction without a hearing.
(e) Upon agreement of the sheriff and the director of the
department of corrections, the probationer, parolee or
conditional releasee may be maintained at the county jail at an
agreed per diem rate to be paid by the department. The
department shall pay for any medical treatment of the
probationer, parolee or conditional releasee, other than for
conditions demanding immediate medical attention which can be
treated at the county jail for which the county is liable under
W.S. 18-6-303(c)(i). Except for emergency medical treatment, no
treatment which is the responsibility of the department under
this subsection shall be provided without the prior approval of
the department.
(f) If any civil action is brought against any sheriff,
his undersheriff, deputy, agent or employee, by reason of acts
committed or allegedly committed in the performance of necessary
duties in connection with the housing and care of a probation,
parole or conditional release violator under this section, the
state shall indemnify and hold harmless the officers, agents or
employees from all civil liability incurred or adjudged except
punitive damage awards. Upon request, the state shall provide
legal counsel at the state's expense to assist in the defense of
any action referred to in this subsection.
(g) Probationers, parolees and conditional releasees
committed to the county jail or a residential community
correctional program pursuant to this section shall be housed in
accordance with subsection (e) of this section or W.S. 7-18-
115(b).