§ 7-18-108 — Placement of offender in program by court; placement by department as administrative sanction

Wyoming § 7-18-108

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 18: COMMUNITY CORRECTIONS

Text

(a) Subject to subsection (b) of this section, following
an eligible adult offender's conviction or his plea of guilty,
the sentencing court may, as a condition of probation, order
that the offender participate in a residential or nonresidential
adult community correctional program during all or any part of
his term of probation.
(b) Placement of an offender in an adult community
correctional facility or program under this section shall be
made only if:
(i) The adult community correctional facility or
program is operated by a governmental unit or a nongovernmental
agency which has entered into a contract with the corrections
board serving the county in which the defendant is sentenced and
the corrections board has contracted with the department to
provide adult community correctional services for offenders;
(ii) Funding for the placement is available;
(iii) The offender is acceptable to the corrections
board; and
(iv) The offender is assessed through a validated
risk-need assessment as a high risk for reoffending or violating
a condition of probation.
(c) Prior to the placement of an offender in any
nongovernmental adult community correctional facility, the
sentencing judge shall notify or cause to be notified the law
enforcement agencies of affected units of local government
concerning the identity of the offender to be placed.
(d) The probation and parole agent for the judicial
district shall include in the presentence report or otherwise
recommend to the sentencing judge recommendations for the
utilization of any governmental or, when available,
nongovernmental adult community correctional facility or program
which has been approved for use by the corrections board.
(e) The probation and parole officers for the judicial
district shall have general supervisory authority over all
offenders placed in adult community correctional facilities or
programs under this section.
(f) Subject to subsection (b) of this section, the
department may impose the administrative sanctions provided in
W.S. 7-13-1802(b) on any probationer participating in an
intensive supervision program who violates the rules and
restrictions of the program as an alternative to probation
revocation.
(g) Notwithstanding paragraph (b)(iv) of this section,
placement of a probationer in an adult community correctional
program as a sanction under subsection (f) of this section and
W.S. 7-13-1801 through 7-13-1803 or following a revocation of
probation shall not require the probationer to be assessed
through a validated risk-need assessment as a high risk for
reoffending or violating a condition of probation.