§ 1-40-204 — Rights of victims and witnesses to be informed during the criminal justice process

Wyoming § 1-40-204

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 40: CRIME VICTIMS COMPENSATION
• Art. 2: VICTIM AND WITNESS BILL OF RIGHTS

Text

(a) Victims of a criminal act shall be informed without
undue delay by law enforcement about:
(i) The rights enumerated in this act;
(ii) The right to be informed of the status of the
case from the initial police investigation to the final
appellate review;
(iii) The fact that financial assistance or other
social service options may be available to the victim;
(iv) The existence of the Crime Victims Compensation
Act and that compensation may be available to the victim;
(v) The right to have an interpreter or translator to
inform the victim of these rights;
(vi) The name and official telephone number of the
primary law enforcement officer assigned to investigate the case
together with the official address and telephone number of the
criminal justice agency investigating the case;
(vii) The right to seek legal counsel and to employ
an attorney.
(b) Victims and key witnesses of a criminal act shall be
informed in writing by the prosecuting attorney about:
(i) Subject to order of the court, the right to
attend all hearings and proceedings involving the case,
including the right to be notified, upon request, of the date,
time and place of those hearings;
(ii) The right to be notified in advance, if
reasonable, when a court proceeding has been rescheduled or
canceled;
(iii) The right to be advised of the potential for
plea negotiations and, prior to sentencing, the right to be
informed of the existence of a negotiated plea, the essentials
of the agreement, and the reasons for the disposition;
(iv) The right to know the accused has obtained a
pretrial or presentence release;
(v) The right to discuss the case with the
prosecutor, and the official address and official telephone
number of the prosecutor;
(vi) The availability of other remedies, including
the right to proceed in civil litigation generally and the right
to any profits attributable to the offender as a result of
publication or media coverage resulting from the crime;
(vii) The fact that the attorneys involved and their
investigators are advocates either for the state or for the
defendant;
(viii) The right to refuse to talk to attorneys,
private investigators, law enforcement, or anyone else unless on
the witness stand or under subpoena;
(ix) If known to the prosecutor, the schedule of any
post sentence hearings affecting the probation of the offender;
(x) The right to provide an affidavit asserting acts
or threats of physical violence by the accused or at the
accused's direction against the victim or a relative of the
victim, the survivor or designated key witness;
(xi) The right to request notification that the
offender has filed a petition for expungement of the records of
conviction and advance notice of any hearing or proceeding
thereon.
(c) Victims, key witnesses, offices of prosecutors, victim
witness coordinators and advocates who have participated in the
criminal prosecution shall be offered the opportunity to be
informed in writing by the department of corrections about:
(i) The commencement of the offender's imprisonment
to serve the sentence imposed and the name, official address and
security classification of the place of confinement;
(ii) The earliest date upon which the offender could
be released and the date released;
(iii) Any transfer of the offender to another
facility including the security classification of that facility;
(iv) Any placement of the offender in a community
correctional program;
(v) Any change in location of the offender's parole
supervision;
(vi) The escape, recapture or death of an offender;
(vii) Any reduction or extension of the offender's
sentence.
(d) Victims, key witnesses, offices of prosecutors, victim
witness coordinators and advocates who have participated in the
criminal prosecution shall be offered the opportunity to be
informed in writing by the board of parole about:
(i) Any decision to grant or modify parole and any
conditions imposed;
(ii) Any pending revocation of parole, any associated
return to custody, the revocation hearing date and disposition
of revocation proceedings;
(iii) Any absconscion from supervision and subsequent
apprehension;
(iv) Any rescission of parole;
(v) Discharge from parole.
(e) The governor's office shall ensure that the
appropriate government agency shall notify in writing, or in
person, victims, key witnesses, prosecutors, victim witness
coordinators and advocates who have participated in the criminal
prosecution of an application for a pardon or the pending
commutation of the offender.
(f) Victims, key witnesses, prosecutors, victim witness
coordinators and advocates who have participated in the criminal
prosecution who wish to receive notification and information
shall provide the appropriate criminal justice agencies with
their current address and telephone number. This address will
only be used for notification purposes.
(g) Nothing in subsections (c) through (e) of this section
shall mean the victim, key witnesses, prosecutors, victim
witness coordinators or advocates who have participated in the
criminal prosecution shall be given information that could
jeopardize the safety or security of any person.