§ 7-13-421 — Restitution as condition of parole

Wyoming § 7-13-421

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

Text

(a) Repealed By Laws 2011, Ch. 30, § 2.
(b) The board shall provide for restitution in the amount
determined by the court pursuant to W.S. 7-9-103 unless the
board finds the parolee is not reasonably capable of making the
payments, in which case the board may modify the amount of
restitution to be paid, taking into account the factors
enumerated in W.S. 7-9-106.
(i) Repealed By Laws 2011, Ch. 30, § 2.
(ii) Repealed By Laws 2011, Ch. 30, § 2.
(iii) Repealed By Laws 2011, Ch. 30, § 2.
(iv) Repealed By Laws 2011, Ch. 30, § 2.
(c) If the parolee fails to pay the restitution as
provided by this section the board may:
(i) Modify the amount of the restitution;
(ii) Repealed By Laws 2011, Ch. 30, § 2.
(iii) Revoke the parole.
(d) The board may waive the payment of some or all of the
restitution as a condition of parole if it finds the payment of
some or all of the restitution will work an undue hardship on
the parolee or his family. Victims who have requested to
receive notification pursuant to W.S. 1-40-204(f) of information
authorized to be released pursuant to W.S. 1-40-204(d) shall be
given notice and an opportunity to be heard prior to the board
making a decision to waive some or all of the restitution under
this subsection.
(e) Nothing in this section shall limit or impair the
rights of victims to sue and recover damages from the parolee in
a civil action. However, any restitution payment by the parolee
to a victim shall be set off against any judgment in favor of
the victim in a civil action arising out of the same facts or
event.
(f) The fact that restitution was required or made under
this section shall not be admissible as evidence in a civil
action unless offered by the parolee.
(g) In the event a victim is not satisfied with the
restitution plan required or modified by the board, the victim's
exclusive remedies are a civil action against the parolee or
execution on the restitution order pursuant to W.S. 7-9-103(d).
(h) The board may require payment of the following
obligations as conditions of parole if it finds the parolee is
reasonably capable of making the payments, taking into account
the factors enumerated in W.S. 7-9-106(a)(iii):
(i) Support of dependents of the parolee;
(ii) Court ordered fines, reimbursement for the
services of the public defender or court appointed counsel, the
surcharge imposed under W.S. 1-40-119 and the surcharge imposed
under W.S. 5-12-118;
(iii) Costs or partial costs of evaluations,
treatment, services, programs or assistance the parolee is
receiving;
(iv) Cost or partial costs of supervision of the
parolee imposed under W.S. 7-13-1102(a)(iii).