§ 7-13-1301 — Definitions

(a) As used in W.S. 7-13-1301 through 7-13-1304:
(i) "Adequate treatment alternative" is a community
program certified under rules adopted by the department of
health for purposes of providing substance abuse and other
related services to criminal offenders. The program shall
provide the level of services required of the offender being
referred, be certified by the department of health to treat the
criminal justice population and shall include protections,
including psychological testing and frequent chemical drug
testing that can be reasonably relied upon to protect the public
safety and to hold the offender accountable;
(ii) "Community facility or program" means a
community based or community-oriented facility or program which
is operated either by a unit of local government or by a
nongovernmental agency which provides substance abuse treatment
and other necessary programs, services and monitoring to aid
offenders in obtaining and holding regular employment, in
enrolling in and maintaining academic courses or participating
in vocational training programs, in utilizing the resources of
the community in meeting their personal and family needs and in
participating in other specialized treatment programs existing
within the state. These services may be provided directly or
through referrals to other programs;
(iii) "Convicted" means an unvacated determination of
guilt by any court having legal jurisdiction of the offense and
from which no appeal is pending and includes pleas of guilty and
nolo contendere. For purposes of W.S. 7-13-1302 only,
"convicted" shall include dispositions pursuant to W.S.
7-13-301, 7-13-302(a), 35-7-1037 or deferred prosecutions when
ordered. Otherwise, for purposes of this act, "convicted" shall
not include dispositions pursuant to W.S. 7-13-301, 7-13-302(a),
35-7-1037 or deferred prosecutions;
(iv) "Qualified offender" means a person convicted of
a felony whom the court finds has a need for alcohol or other
drug treatment. The payment amount required of the offender for
treatment shall be based on the ability of the offender to pay
as established on a sliding fee scale pursuant to rules and
regulations adopted by the department of health and may, at the
discretion of the court, be paid through delayed or installment
payments. In determining an offender's ability to pay the court
may consider present circumstances as well as reasonable future
potential;
(v) "Substance use disorder assessment" means an
evaluation conducted by a qualified person using practices and
procedures approved by the department of health to determine
whether a person has a need for alcohol or other drug treatment
and the level of treatment services required to treat that
person;
(vi) "Violent felony" means murder, manslaughter,
kidnapping, sexual assault in the first or second degree,
robbery, aggravated assault, strangulation of a household
member, aircraft hijacking, arson in the first or second degree,
aggravated burglary, a violation of W.S. 6-2-314(a)(i) or
6-2-315(a)(ii) or a third, or subsequent, domestic battery under
W.S. 6-2-511(a) and (b)(iii);
(vii) "This act" means W.S. 7-13-1301 through