§ 7-13-408 — Probation, parole and conditional release administrative jail or adult community correction program sanction and revocation hearing procedures

Wyoming § 7-13-408

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 4: PROBATION AND PAROLE GENERALLY

Text

(a) The probation and parole agent shall notify the
department and the board or the appropriate court if it is
determined consideration should be given to retaking or
reincarcerating a person under the supervision of the department
who has violated a condition of his probation, parole or other
conditional release and is subject to revocation of supervision.
Prior to notification, a hearing shall be held in accordance
with this section within a reasonable time, unless a hearing is
waived by the probationer, parolee or conditional releasee. In
the case of a parolee for whom the violation is based on a new
felony conviction, a preliminary hearing is not required under
this section. In the case of a probationer, the hearing is only
required when the probationer has been reincarcerated and a
legal warrant has not been obtained within ten (10) days. As
soon as practicable, following termination of any hearing, the
appropriate officer or agent shall report to the department and
the court or board, furnish a copy of the hearing record, report
on the prior use of incentives and sanctions under W.S. 7-13-
1801 through 7-13-1803 for the probationer, parolee or
conditional releasee and make recommendations regarding the
disposition to be made of the probationer, parolee or
conditional releasee. Compliance violations not leading to
retaking or reincarceration shall be sanctioned under W.S. 7-13-
1801 and 7-13-1802. Pending any proceeding pursuant to this
section, the appropriate agent may take custody of and detain
the probationer, parolee or conditional releasee involved for a
reasonable period of time prior to the hearing. If it appears to
the hearing officer or agent that retaking or reincarceration is
likely to follow, the agent may take custody of and detain the
probationer, parolee or conditional releasee for a reasonable
period after the hearing or waiver as may be necessary to
arrange for the retaking or reincarceration.
(b) Any hearing pursuant to this section or W.S. 7-13-1803
may 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. In
cases of alleged parole violations by persons who were paroled
by the board, hearings pursuant to this section shall be before
the executive director of the board or his designated hearing
officer.
(c) With respect to any hearing pursuant to this section,
the probationer, parolee or conditional releasee:
(i) Shall have reasonable notice in writing of the
nature and content of the allegations to be made including
notice that the purpose of the hearing is to determine whether
there is probable cause to believe that he has committed a
violation that may lead to a revocation of probation, parole or
conditional release;
(ii) Shall be permitted to consult with any persons
whose assistance he reasonably desires, prior to the hearing;
(iii) Shall have the right to confront and examine
any person who has made allegations against him, unless the
hearing officer determines that the confrontation would present
a substantial present or subsequent danger of harm to the
person;
(iv) May admit, deny or explain the violation alleged
and may present proof, including affidavits and other evidence,
in support of his contentions.
(d) A record of the proceedings under this section shall
be made and preserved either by stenographic means or through
the use of a recording machine.
(e) Repealed by Laws 2019, ch. 116, § 3.