§ 7-13-1303 — Suspended sentence for qualified offenders

(a) Except as provided in subsection (c) of this section,
notwithstanding any other provision of law, qualified offenders
may be placed on probation under W.S. 7-13-301, receive a
suspended sentence under W.S. 7-13-302(a) or placed on probation
under W.S. 35-7-1037. The sentence or probation order shall set
forth the terms of a treatment program based upon the substance
use disorder assessment and any other terms and conditions as
the court may deem appropriate under the circumstances, and
require the offender to satisfactorily complete the treatment
program. The court shall include in the sentence or probation
order any provisions necessary to reasonably protect the health
of the offender.
(b) The treatment provider shall be required to report to
the court, the prosecuting attorney, probation officer and
counsel representing the offender not less than once per month
on the offender's progress in meeting the requirements of the
sentence and the program.
(c) A qualified offender or person sentenced under this
act may be incarcerated if the court concludes on the basis of
the evidence that:
(i) No adequate treatment alternative exists;
(ii) Under the facts of the case, the interests of
justice require a period of incarceration; provided however,
under the circumstances, a portion of the sentence may be
suspended under the conditions set forth in subsection (a) of
this section;
(iii) The offender refuses to agree to participate in
the court ordered treatment program or fails to satisfactorily
complete the court ordered treatment program; or
(iv) The offender commits a felony, sells or
otherwise delivers controlled substances while in a program
pursuant to this section, or engages in other behavior that
poses an unreasonable risk to public safety while in the
program. Notwithstanding any other provision of law, in the
absence of the commission of these acts, those programs and
sanctions set forth in W.S. 7-13-1102 and 7-13-1801 through 7-
13-1803 may be used at the discretion of the probation officer
or court to address other violations of the sentencing or
probation order.
(d) In the event probation is revoked, the court may
impose one (1) or more of the sanctions set forth in W.S. 7-13-
1102 or 7-13-1801 through 7-13-1803 unless the court, in its
sole discretion, finds that another disposition, including
imprisonment, is necessary under the facts of the case.