Commutation of sentences.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0113

SENATE FILE
NO.

SF0138

Commutation of sentences.

Sponsored by:
Senator(s) Burns and Representative(s) Greene

A BILL

for

AN ACT relating to
sentencing;
repealing provisions for

life sentences without parole not subject to commutation
;
specifying retroactive application of the act;
and providing for an effective date.

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

Section 1.
W.S.
6
‑
2
‑
101
(b) and (c)
, 6
‑
2
‑
102
(a)
(intro)
, (b) and (d)(ii),
6
‑
2
‑
103
(e)(ii)
, 6
‑
2
‑
306
(d)
(intro)
and (e)
,
6
‑
10
‑
301
, 7
‑
13
‑
402
(a)
, 7
‑
13
‑
424
(a)
(intro)
,
7
‑
13
‑
807,
7
‑
16
‑
205(a)(
i
)
and 14
‑
6
‑
246(a)(iv) and (v)
are
amended to read:

6
‑
2
‑
101.

Murder in the first degree; penalty.

(b)

A person convicted of murder in the first degree shall be punished by death
, life imprisonment without parole
or life imprisonment according to law, except that no person shall be subject to the penalty of death for any murder committed before the defendant attained the age of eighteen (18) years.

(c)

A person convicted of murder in the first degree in a case in which the state seeks the death penalty shall be sentenced in accordance with the provisions of W.S. 6
‑
2
‑
102. In all other cases, including any case in which the state has determined not to seek the death penalty at any stage of the proceeding, the judge shall
determine the sentence of life imprisonment without parole or life imprisonment taking into consideration any negotiated plea agreement and any evidence relevant to a determination of sentence which the court deems to have probative value

impose the sentence of life imprisonment
.

6
‑
2
‑
102.

Presentence hearing for murder in the first degree; mitigating and aggravating circumstances; effect of error in hearing.

(a)

Upon conviction of a person for murder
in the first
degree in a case in which the state seeks the death penalty,
the judge shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death
, life imprisonment without parole
or life imprisonment. The hearing shall be conducted before the judge alone if:

(b)

In all other cases the sentencing hearing shall be conducted before the jury which determined the defendant's guilt or, if the judge for good cause shown discharges that jury, with a new jury impaneled for that purpose
. The jury shall be instructed that if the jury does not unanimously determine that the defendant should be sentenced to death, then the defendant shall be sentenced to life imprisonment
.

without
parole or life imprisonment.

(d)

Upon conclusion of the evidence and arguments the judge shall give the jury appropriate instructions, including instructions as to any aggravating or mitigating circumstances, as defined in subsections (h) and (j) of this section, or proceed as provided by paragraph (iii) of this subsection:

(ii)

Based upon the considerations in paragraph (
i
) of this subsection, the jury shall unanimously determine whether the defendant should be sentence
d
to death or life imprisonment.

The jury shall consider aggravating and mitigating circumstances unanimously found to exist, and each individual juror may also consider any mitigating circumstances found by that juror to exist. If the jury reports unanimous agreement to impose the sentence of death, the court shall discharge the jury and shall impose the sentence of death.
If the jury is unable to reach a unanimous verdict imposing the sentence of death within a reasonable time,
the court shall instruct the jury to determine by a unanimous vote whether the penalty of life imprisonment without parole shall be imposed.

If the jury is unable to reach a unanimous verdict imposing the penalty of life imprisonment without parole within a reasonable time,

the court shall discharge the jury and impose the sentence of life imprisonment;

6
‑
2
‑
103.

Review of death sentences; notice from clerk of trial court; factors to be considered by
supreme court
; disposition of appeal.

(e)

In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, may:

(ii)

Set the sentence aside and impose a sentence of
life imprisonment without parole, or

life imprisonment; or

6
‑
2
‑
306.

Penalties for sexual assault.

(d)

An actor who is convicted of sexual assault under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, or sexual abuse of a minor under W.S. 6
‑
2
‑
316 through 6
‑
2
‑
317, shall be punished by life imprisonment
without parole

if the actor has two (2) or more previous convictions for any of the following designated offenses, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere:

(e)

An actor who is convicted of sexual abuse of a minor under W.S. 6
‑
2
‑
314 or 6
‑
2
‑
315 shall be punished by life imprisonment
without parole

if the actor has one (1) or more previous convictions for a violation of W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, or a criminal
statute containing the same or similar elements as the crimes defined by W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere.

6
‑
10
‑
301.

Sentence of l
ife imprisonment without parole
abrogated
.

(a)

Pursuant to article 3, section 53 of the Wyoming constitution,
a

No
sentence of life imprisonment without parole

is created for specified crimes designated in the Wyoming Criminal Code

shall be imposed on or after July 1, 2013 regardless of when the act upon which the sentence is based occurred. A sentence of life imprisonment without parole imposed prior to July 1, 2013 shall be subject to commutation by the governor
.

(b)

A person sentenced to life imprisonment
without parole

shall not be eligible for parole and shall remain imprisoned under the jurisdiction of the department of corrections during the remainder of his life unless
his sentence is commuted by the governor or he
is

pardoned by the governor.

(c)

A sentence specifically designated as a sentence of life imprisonment without parole is not subject to commutation by the governor.
A sentence of life or life imprisonment w
hich is not specifically designated as a sentence of life imprisonment without parole
is subject to commutation by the governor.
A person sentenced to
life or
life imprisonment is not eligible for parole unless the governor has commuted the pers
on's sentence to a term of years
.

7
‑
13
‑
402.

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

(a)

The board may grant a parole to any person imprisoned in any institution under sentence, except
a sentence of life imprisonment without parole or

a life sentence, ordered by any district court of this state, provided the person has served the minimum term pronounced by the trial court less good time, if any, granted under rules promulgated pursuant to W.S. 7
‑
13
‑
420.

7
‑
13
‑
424.

Medical parole; conditions.

(a)

Notwithstanding any other provision of law restricting the grant of parole, except for inmates sentenced to death
,

or life imprisonment without parole,
the board may grant a medical parole to any inmate meeting the conditions specified in this section. The board shall consider a medical parole upon receipt of written certification by a licensed treating physician that, within a reasonable degree of certainty, one (1) of the following circumstances
exist
:

7
‑
13
‑
807.

Commutation of death sentences.

Pursuant to article 3, section 53 of the Wyoming constitution,

A

death sentence may be commuted to a sentence of life imprisonment
.

without
parole but that sentence shall not be subject to further commutation.

7
‑
16
‑
205.

Disposition of earnings; confidentiality of amount.

(a)

Payment for services performed by any prisoner under W.S. 7
‑
16
‑
202 shall be deposited in the trust and agency account at the institution and shall be disbursed
for the purposes provided in this subsection and in the order specified:

(
i
)

Unless the prisoner is serving a sentence of death
or life without the possibility of parole
or is subject to mandatory savings under W.S. 25
‑
13
‑
107(
b)(
i
), ten percent (10%) shall be credited to the prisoner's personal savings account within the correctional facility's trust and agency account, until the prisoner's account has a balance of one thousand dollars ($1,000.00). Once the prisoner's personal savings account balance reaches one thousand dollars ($1,000.00), the income otherwise distributed to the prisoner's savings account under this paragraph shall be distributed to the prisoner as provided by paragraphs (ii) through (
vi
) of this subsection. Funds in the prisoner's personal savings account shall be paid to the prisoner upon parole or final discharge;

14
‑
6
‑
246.

Sanction levels.

(a)

Subject to subsection (c) of this section, when a child is adjudicated as a delinquent the juvenile court may, in a disposition hearing, assign the child one (1) of
the following sanction levels according to the child's conduct:

(iv)

For a violent felony as defined by W.S. 6
‑
1
‑
104(
a)(xii), other than a felony punishable by life,
life without parole
or death,
the sanction level is four;

(v)

For a felony punishable under the Wyoming Criminal Code by life
, life without parole

or death, the sanction level is five.

Section 2
.

W.S.
6
‑
10
‑
202(
a)(i
i
) is
repealed.

Section 3.

This act shall apply
to those currently under a sentence of death or life without parole.

Section 4
.

Th
is act is effective July 1, 2013
.

(END)

1
SF0138