§ 7-13-305 — Determination, continuance or extension; revocation proceedings

Wyoming § 7-13-305

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 3: PROBATION AND SUSPENSION OF SENTENCE

Text

(a) The period of probation or suspension of sentence
under W.S. 7-13-302 shall be determined by the court and may be
reduced, continued or extended. Any term of probation including
any continuations or extensions shall not exceed the maximum
term of probation authorized under W.S. 7 13 302(b), except that
the judge may impose a term of probation that is not greater
than the maximum term of imprisonment authorized by law for the
offense for good cause shown upon the record and after
considering public safety, rehabilitation, deterrence and any
other goals of sentencing. In determining the period of
probation or a modification of an existing probation, the court
may consider, but is not limited to the following factors:
(i) Whether the defendant has stable employment;
(ii) Whether the defendant has positive community
support;
(iii) Whether the defendant has positive familial
support;
(iv) Whether the defendant has reasonably attended to
spousal or parental responsibilities and whether the terms of
probation assist or hinder the defendant in discharging those
responsibilities;
(v) Whether the defendant has made progress in
affirmatively addressing any alcohol or substance abuse issues.
For the purposes of this paragraph, relapse alone does not
prevent the court from determining the defendant has made
progress in addressing his alcohol or substance use issues;
(vi) The nature and seriousness of the underlying
crime;
(vii) The risk posed by the defendant to the
community;
(viii) The risk of reoffense as determined by a
validated risk assessment tool utilized by the department of
corrections.
(b) Upon the satisfactory fulfillment of the conditions of
suspension of sentence or probation under W.S. 7-13-302 the
court shall enter an order discharging the defendant.
(c) For a violation of a condition of probation occurring
during the probationary period, revocation proceedings may be
commenced at any time during the period of suspension of
sentence or probation under W.S. 7-13-302, or within thirty (30)
days thereafter, in which case the court may issue a warrant and
cause the defendant to be arrested. If after hearing the court
determines that the defendant violated any of the terms of
probation or suspension of sentence, the court may proceed to
deal with the case as if no suspension of sentence or probation
had been ordered.
(d) The time for commencing revocation proceedings shall
be automatically extended for any period of time in which the
probationer is incarcerated outside this state during the
probationary period for the conviction of an offense which is a
violation of the conditions of probation, unless the probationer
has made a valid request for final disposition under the
interstate agreement on detainers, W.S. 7-15-101 through