§ 25-1-104 — Creation of department of corrections; duties; inspections of state institutions; regulation of prisoner produced goods

Wyoming § 25-1-104

• Jurisdiction: Wyoming
• Title 25: Institutions of the State
• Ch. 1: GENERAL PROVISIONS
• Art. 1: DEPARTMENT OF CORRECTIONS

Text

(a) The department of corrections is created. The
department consists of the director who is the chief
administrative officer and such divisions as the director may
create.
(b) The department of corrections has general supervision,
control and custody of all penal institutions, and
responsibility for the maintenance and repair of all buildings
and grounds utilized by the institutions. Specifically the
department has general supervision and control of, and shall
provide for the care and maintenance of all inmates in the
following state institutions:
(i) Wyoming state penitentiary;
(ii) Wyoming honor farms and camps;
(iii) Wyoming women's center;
(iv) Wyoming medium correctional institution;
(v) Adult community correctional facilities defined
by W.S. 7-18-102(a)(i).
(c) The department of corrections has general supervisory
authority over state parolees and, subject to the order of the
sentencing court, over probationers for whom the sentencing
court requests supervision under W.S. 7-13-410(b).
(d) The director shall:
(i) Personally inspect all state institutions under
the department's supervision and control at least once every
year;
(ii) Direct the general management of all state penal
institutions enumerated in W.S. 25-1-104(b) and be responsible
for the proper disbursement of all funds appropriated for their
maintenance;
(iii) Direct the general management of the state
probation and parole program; and
(iv) Appoint, prescribe the duties of, and remove at
will the following officers:
(A) Wardens of the Wyoming state penitentiary,
medium correctional institution, women's center and Wyoming
honor farms and camps;
(B) Repealed by Laws 2005, ch. 93, § 2.
(C) Repealed By Laws 2005, ch. 93, § 2.
(D) The state probation and parole officer.
(e) The officers provided for under W.S.
25-1-104(d)(iv)(A) and (D) shall:
(i) Serve as administrator of and manage the
institutions to which they are appointed subject to the
supervision of the director;
(ii) Employ personnel necessary and approved by the
director and the Wyoming legislature;
(iii) Report to the director as required.
(f) The director may appoint and may remove at will a
deputy director and division administrators.
(g) The department shall establish rules and regulations
regarding the provision of services and the production of goods
by prisoners at all state corrections institutions including but
not limited to labor requirements, wage rates, use of goods
within the institution of origin, sales price and method of
distribution to other institutions or the general public. In
promulgating rules relating to correctional industries programs
authorized by W.S. 25-13-101 through 25-13-107, the department
shall adhere to the requirements of the private sector prison
industry enhancement certification program of the federal bureau
of justice assistance. Rules and regulations promulgated under
this subsection shall place limitations on competition with the
private sector and will ensure that no contract entered into
under W.S. 25-13-101 through 25-13-107 will result in the
displacement of employed workers in the state in excess of
limitations established by the correctional industries advisory
board created by W.S. 25-13-102.
(h) The department of corrections has general supervision
and control of, and shall provide for the care and maintenance
of all inmates who have been placed in institutions of other
jurisdictions or private entities pursuant to contracts or
agreements under W.S. 25-1-105(e).
(j) The director may order returned to the custody of the
department any person under the department's jurisdiction. The
written order of the director shall be sufficient warrant for
any peace officer to return to actual custody any escaped state
prisoner or any state prisoner released prior to his scheduled
release date or who is about to be released by another
jurisdiction prior to his scheduled release date in Wyoming. It
is the duty of all peace officers to execute the order of the
director issued under this subsection in like manner as ordinary
criminal process. A person taken into custody under the order of
the director is not subject to release on bail. Consistent with
W.S. 7-3-201 through 7-3-227, the director may apply to the
governor to seek the extradition of an inmate apprehended in
another state pursuant to an order of the director issued under
this subsection.
(k) The department of corrections shall issue certificates
of restoration of rights pursuant to W.S. 7-13-105(b), (c), (f)
and (j).