§ 7-13-402 — General powers and duties of board; eligibility for parole; immunity

(a) The board may grant a parole to any person imprisoned
in any institution under sentence, except a sentence of life
imprisonment without parole or a life sentence, ordered by any
district court of this state, provided the person has served the
minimum term pronounced by the trial court less good time, if
any, granted under rules promulgated pursuant to W.S. 7-13-420.
The board may also grant parole to a person serving a sentence
for an offense committed before the person reached the age of
eighteen (18) years of age as provided in W.S. 6-10-301(c).
(b) A prisoner is not eligible for parole on a sentence
if, while serving that sentence, he has:
(i) Made an assault with a deadly weapon upon any
officer, employee or inmate of any institution; or
(ii) Escaped, attempted to escape or assisted others
to escape from any institution.
(c) In granting a parole the board shall fix terms and
conditions it deems proper to govern the conduct of the parolee
while the parole is in effect. The terms and conditions may be
special in each case or they may be prescribed by general rules
and regulations of the board, or both.
(d) No person granted a parole shall be released from an
institution until he has signed an agreement that he will comply
with the terms and conditions under which he has been released
and abide by the laws of the state. In addition, no person shall
be granted a parole until the board makes a reasonable effort to
notify victims who have registered to receive notification
pursuant to W.S. 1-40-204(d) of the hearing and provides a
reasonable opportunity for the victims to provide written
comments to the board relative to the parole.
(e) The board may adopt reasonable rules and regulations
necessary to carry out the functions assigned to the board by
W.S. 7-13-401 through 7-13-424 including rules relating to:
(i) The conduct of proceedings, meetings, hearings
and interviews;
(ii) The general conditions under which parole may be
granted and revoked;
(iii) Parole applications and procedures, including
the selection of hearing panels as provided by W.S. 7-13-401(f);
(iv) Repealed by Laws 1992, ch. 25, § 4.
(v) Procedures to allow victims opportunity to
comment on parole applications; and
(vi) Notification to victims of the pending release
of prisoners.
(f) The promulgation of substantive rules by the board,
the conduct of its hearings and its final decisions are
specifically exempt from all provisions of the Wyoming
Administrative Procedure Act including the provisions for
judicial review under W.S. 16-3-114 and 16-3-115. The board's
rules and regulations shall be filed in the office of the
secretary of state.
(g) Notwithstanding W.S. 1-39-101 through 1-39-119, the
board and its members are immune from any liability, either as a
board or individually, for any actions, inactions or omissions
by the board or any member thereof, pursuant to W.S. 7-13-401
through 7-13-424.
(h) Repealed by Laws 2015, ch. 163, § 2.
(j) The board may order the arrest and return to the
custody of the department of any parolee who has absconded from
supervision, been charged with or convicted of a crime while on
parole or committed an alleged violation of parole for which
probable cause has been established through a hearing, or waiver
thereof, pursuant to W.S. 7-13-408. The written order of the
board shall be sufficient warrant for any peace officer to
return a parolee to custody. All peace officers shall execute
any order of the board issued under this subsection. A parolee
taken into custody under the order of the board is not subject
to release on bail.