Drug courts-parolees.

WORKING DRAFT
2007
STATE OF WYOMING
07LSO-0566.E1

SENATE FILE
NO.
SF0176

Drug courts-parolees.

Sponsored by:
Senator(s) Perkins and Representative(s) Edwards

A BILL

for

AN ACT relating to probation and parole; authorizing the board of parole to place a parolee into a drug court program as a condition of parole as specified; amending a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
13
‑
402(c) and by creating a new subsection (j) and 7
‑
13
‑
1301(a)(iv) are amended to read:

7
‑
13
‑
402.

General powers and duties of board; eligibility for parole; immunity.

(c) In granting a parole the board shall fix terms and conditions it deems proper to govern the conduct of the parolee while the parole is in effect. The terms and conditions may
:

(i)

B
e special in each case
,

or they may
including ordering a parolee to participate in a drug court program qualified under W.S. 5
‑
10
‑
106, provided the drug court accepts the parolee for participation in the drug court program;

(ii)

B
e prescribed by general rules and regulations of the board
;
,
or

(iii)

B
oth.

(j)

If the board orders a parolee to drug court under paragraph (c)(i) of this section as a condition of parole and upon the parolee's acceptance into a qualified drug court program, the parolee shall be designated by the board as a qualified offender under W.S. 7
‑
13
‑
1303. A parolee who enters a qualified drug court program shall be subject to the sanctioning powers of the drug court but shall remain under the authority of the board for all other matters related to the parolee's continuing parole.

7
‑
13
‑
1301.

Definitions.

(a)

As used in W.S. 7
‑
13
‑
1301 through 7
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13
‑
1304:

(iv)

"Qualified offender" means a person convicted of a felony whom the court
, or the board of parole under W.S. 7
‑
14
‑
403(c),
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;

Section 2.
This act is effective July 1, 2007.

(END)

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SF0176