Work Release Act-repeal.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0010

ENROLLED ACT NO. 55, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to
criminal procedure
;
repealing
archaic provisions relating to work r
elease
for prisoners
; conforming provisions;
and providing for an effective date.

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

Section 1.
W.S.
1
‑
40
‑
204
(c)(i
v)
, 6
‑
2
‑
303(a)(vii), 7
‑
13
‑
804(a)(vii), 7
‑
22
‑
112
(a)(viii),
2
5
‑
3
‑
104
(b)(iv)
and 25
‑
4
‑
102
are amended to read:

1
‑
40
‑
204.

Rights of victims and witnesses to be informed during the criminal justice process.

(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:

(iv)

Any
work release of the offender and the assigned work release site

placement of the offender in a community correction
al
program
;

6
‑
2
‑
303.

Sexual assault in the second degree.

(a)

Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree:

(
vii)

The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or
rehabilitative facilities, adult community correctional facilities
,

or
secure treatment facilities
or work release facilities,
and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system; or

7
‑
13
‑
804.

Contents of application for pardon; notice to district attorney.

(a)

A person convicted of a felony may apply to the governor for a pardon. The application shall contain:

(vii)

Any pertinent information the governor may request such as parole and
work release
community correction
al
program
records
.

7
‑
22
‑
112.

Nondelegation of authority.

(a)

No contract for private correctional services under this article shall authorize, allow or imply a delegation to a private contractor of authority or responsibility to:

(viii)

Determine inmate eligibility for furlough, compassionate leave
,

or
participation in community corrections
;

or work release
;

25
‑
3
‑
104.

Transfer of residents to state hospital; rules and regulations governing residents.

(b)

The department shall make all rules and regulations necessary and proper for:

(iv)

Work release for residents who are not subject to
W.S. 7
‑
16
‑
301 through 7
‑
16
‑
311
,
home visitation or temporary residence outside the school enclosure
.
25
‑
4
‑
102.

Nature of program and discipline; rules and regulations for work release, home visitation or temporary residence.

The program and discipline at the Wyoming girls' school shall be educational, vocational and rehabilitative. For these purposes the department of family services shall adopt rules and regulations for work release for residents
who are not subject to
W.S. 7
‑
16
‑
301 through 7
‑
16
‑
311
,
home visitation or temporary residence outside the school enclosure.

Section 2
.
W.S. 7
‑
16
‑
301 through 7
‑
16
‑
311
and
20
‑
3
‑
101(e)
are repealed.

Section
3
.

Th
is act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1