Criminal justice-reform.

2016
State of Wyoming
16LSO-0110
Introduced
1.2

SENATE FILE

NO.

SF0048

Criminal justice-reform.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to criminal justice; amending provisions relating to sentencing, probation and parole; providing for probation for certain first time felony offenses; providing for confinement and treatment in an intensive substance abuse treatment unit as condition of probation or suspension of sentence; creating alternative procedures for addressing parole, probation and suspension of sentence violations; amending provisions relating to rewards and sanctions as an alternative to probation or parole revocations; amending the membership and powers and duties of the corrections board; and providing for an effective date.

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

Section 1
.

W.S. 7
‑
13
‑
301(a)(intro), by creating new subsections (b) through (d), by amending and renumbering (b) and (c) as (e) and (f) and by renumbering (d) through (f) as (g) through (j), 7
‑
13
‑
304 by creating a new subsection (e), 7
‑
13
‑
305, 7
‑
13
‑
403
(b) and by creating new subsections (c) and (d)
, 7
‑
13
‑
404, 7
‑
13
‑
408(e), 7
‑
13
‑
420(a) and (c), 7
‑
13
‑
1107(a), (b)(iii) by creating a new subparagraph (A), by renumbering (A) and (B) as (B) and (C) and by creating new subparagraphs (D) and (E), 7
‑
18
‑
102(a)(iii)(C), 7
‑
18
‑
106(a)(iii) and 7
‑
18
‑
109(b)(i
i
i) are amended to read:

7
‑
13
‑
301
.

Placing person found guilty, but not convicted, on probation.

(a)

If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31
‑
5
‑
233 or any similar provision of law, or any second or subsequent
violation of W.S. 6
‑
2
‑
510(a) or 6
‑
2
‑
511(a) or any similar provision of law,
or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree,
the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed
five (5)

years

three
(
3
) year
s

upon terms and conditions set by the court.
The terms of probation shall include that he:

(b)

If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed
five

(
5
) years upon terms and conditions set by the court.

(c)

The terms of probation
under subsection (a) or (b) of this section
shall include that
t
he
person charged
:

(i)

Report to the court not less than twice each year at times and places fixed in the order;

(ii)

Conduct
himself
in a law
‑
abiding manner;

(iii)

Not leave the state without the consent of the court;

(iv)

Conform
his conduct to any other terms of probation the court finds proper; and

(v)

Pay restitution to each victim in accordance with W.S. 7
‑
9
‑
101 and 7
‑
9
‑
103 through 7
‑
9
‑
115.

(d)

The court may reduce the severity of probation conditions, or remove conditions previously imposed, at any time.

(b)
(e)

If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may
,

at the end of five (5) years, or

at any time after the expiration of one (1) year from the date of the original probation

for felony charges or at
six (6)

months
for misdemeanor charges
, discharge the person and dismiss the proceedings against him.

(c)
(f)

If the defendant violates a term or condition of probation at any time before final discharge, the court may:

(i)

Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section;
or

(ii)

Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty
;
.

(iii)

Continue the term of probation and conditions of probation;

(iv)

Continue
the term of probation and increase the severity of probation conditions
if

the court determines
the offender
'
s treatment
should
also include any or all of the following terms:

(A)

Completion of a rehabilitative program that addresses the risks or n
eeds presented by the offender;

(B)

Technological monitoring of the offender
'
s location through
the
global

positioning

s
ystem
or
other means;

(
C
)

Establishing a curfew requiring the offender to be home during established hours
;

(
D
)

Establishing a period of home detention requiring the offender to remain at hom
e except during periods of work,
study or other permitted absences
;

(
E
)

Intermittent confinement in a jail, residential treatment center or adult community corrections center, not to exceed a total of ninety (90) days
.

(v)

Order a period of incarceration not to exceed ninety (90) days for a first violation and a period of incarceration not to exceed one hundred twenty (120) days for a second violation of the terms and conditions of probation not involving a new conviction for a criminal offense
unless otherwise ordered by the court
; or

(vi)

Credit time already served on probation or suspension of sentence towards the sentence and
proceed
to deal with the case as if no suspension of the remaining portion of the sentence or probation had been ordered.

(d)
(g)

Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose.

(e)
(h)

There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction.

(f)
(j)

This section shall not apply to any person holding any class of commercial driver
'
s license pursuant to W.S. 31
‑
7
‑
304(
a)(i), nor to the driver of any commercial motor vehicle as defined by W.S. 31
‑
7
‑
102(a)(viii), who is charged with any offense specified in W.S. 31
‑
7
‑
305.

7
‑
13
‑
304
.

Imposition or modification of conditions; performance of work by defendant.

(e)

Notwithstanding any other provision of law, the

court may require as a condition of prob
ation or suspension of sentence
or modification of conditions of probation or suspension of sentence that a defendant successfully
complete
a term of confinement and treatment in an
intensive substance abuse treatment unit operated by or under contract with the department of corrections
as follows
:

(i)

A term of confinement and treatment imposed under this
sub
section
shall
be for an indeterminate term of not less than
ninety (
90
)
days or more than
one hundred eighty (
180
)
days;

(ii)

A court may impose the condition
authorized
under this
sub
section if:

(A)

The
offender
has
one hundred eighty (
180
)
days or more remaining on his term of probation or suspended s
entence;

(B)

The
offender
is a qualified offender under W.S. 7
‑
13
‑
1301;

(C)

T
he
offender
is recommended for intensive substance abuse treatment as a result of a
substance abuse assessment conducted in acco
rdance with W.S. 7
‑
13
‑
1302; and

(D)

T
he court makes an affirmative finding that drug or alcohol abuse significantly contributed to the commission of the crime or violation of probation or
condition
s
of the
suspen
ded
sentence.

(iii)

The court
shall
order the release of the
offender
from his indeterminate term of confinement and treatment under this
sub
section upon notification to the court by the department of corrections that the
offender
has successfully completed the intensive treatment program
.

If the department notifies the court
that the
offender
has refused to participate in treatment and removal is recommended by the department of corrections
,

t
he court may then reinstate the remaining portion of probation or suspended sentence, discharge the
remaining portion of sentence
or revoke the probation or suspended sentence
;

(iv)

Time
served within the department of corrections under this
sub
section shall be credited by the
court towards the sentence on a day for day basis. Good time cr
edits pursuant to W.S. 7
‑
13
‑
420
(
a
) shall
not be authorized.

7
‑
13
‑
305
.

Determination, continuance or extension; revocation proceedings.

(a)

The period of probation or suspension of sentence under W.S. 7
‑
13
‑
302 shall be
for a term not to exceed five (5) years unless otherwise

determined by the court and may be continued or extended

at any time during the period of probation or suspension of sentence
.

(b)

The period of probation or suspension of sentence under W.S. 7
‑
13
‑
302 shall be upon terms and conditions set by the court. The court may:

(i)

Reduce the severity of probation conditions, or remove conditions previously imposed, at any time;

(ii)

Increase the severity of probation conditions if the
offender
violates a term or condition of probation at any time before final discharge.

(b)
(c)

Upon the satisfactory fulfillment of the conditions of suspension of sentence or probation under W.S. 7
‑
13
‑
302 the court shall enter an order discharging the
defendant

offender
.

During the probationary period, if the court finds the person has fulfilled the terms and conditions of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may, at any time after the expiration of
one
(
1) year
from the date of the original probation or suspension of sentence, enter an order discharging the
offender
.

(c)
(d)

For a violation of a condition of probation occurring during the probationary period, revocation proceedings may be commenced at any time during the period of suspension of sentence or probation under W.S. 7
‑
13
‑
302, or within thirty (30) days thereafter, in which case the court may issue a warrant and cause the
defendant

offender
to be arrested. If after hearing the court determines that
the
defendant

offender

violated any of the terms of probation or suspension of sentence, the court may proceed
to deal with the case as if no suspension of sentence or probation had been ordered

under W.S.
7
‑
13
‑
304(
e)
.

(d)
(e)

The time for commencing revocation proceedings shall be automatically extended for any period of time in which the probationer is incarcerated outside this state during the probationary period for the conviction of an offense which is a violation of the conditions of probation, unless the probationer has made a valid request for final disposition under the interstate agreement on detainers, W.S. 7
‑
15
‑
101 through 7
‑
15
‑
105.

7
‑
13
‑
403
.

Custody of parolee; return upon violation.

(b)

Unless otherwise ordered by the board, a parole violator shall be returned to the custody of the department to serve the remainder of the original sentence
, reduced in accordance with subsection (d) of this section
.

(c)

A parole violator who is returned to the custody of the department for a violation of the terms and conditions of parole not involving a new conviction for a criminal offense or absconding while on parole shall be returned for a period of incarceration not to exceed one
hundred
twenty (120) days for a first violation and a period of incarceration not to exceed one hundred eighty (180) days for a second violation unless otherwise ordered by the board.

(d)

Provided the parolee had not received a new felony conviction or absconded during the most recent period of parole, time spent on the most recent period of parole prior to return to the custody of the department shall count towards the prisoner
'
s original sentence on a day for day basis.

7
‑
13
‑
404
.

Computing remainder of sentence for parole violator.

In computing the remainder of the sentence to be served by a parole violator,
no
credit
for each day served on parole

shall be given against his original sentence for
any portion of
the time between his
most
recent release on parole and his return to the institution unless
the board directs otherwise
he is returned to prison as a parole violator for a new felony conviction or he absconded from parole during his most recent period of parole
.

7
‑
13
‑
408
.

Probation, parole and conditional release administrative jail or adult community correction program sanction and revocation hearing procedures.

(e)

The department may establish by rule and regulation a system of imposing the administrative sanctions specified in W.S. 7
‑
13
‑
1107(
b) as an alternative to revocation of the parole of any parolee who has violated a condition of his parole
or
as an alternative to
revocation of the probation of any probationer who has violated a condition of his probation
. Parolees
and probationers

committed to the county jail or a residential community correctional program pursuant to this subsection shall be housed in accordance with W.S. 7
‑
13
‑
1107(c) or 7
‑
18
‑
115(
b).

7
‑
13
‑
420
.

Good time allowances.

(a)

The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which houses Wyoming inmates pursuant to W.S. 7
‑
3
‑
401 or any correctional facility operated pursuant to a contract with the state under W.S. 7
‑
22
‑
102 or inmates or parolees transferred to a community correctional facility pursuant to W.S. 7
‑
18
‑
109 or 7
‑
18
‑
115. The rules may provide
:
either for good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentence imposed by the sentencing court, or both, and may provide for the removal of previously earned good time allowances and the withholding of future good time allowances.

(i)

Either for good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentence imposed by the sentencing court, or both;

(ii)

For the removal of previously earned good time allowances
other than additional good time awarded pursuant to paragraph (iii) of this subsection,
and the withholding of future good time allowances;

(iii)

For additional good time to be awarded
to any inmate
under this paragraph only after all statutory requirements are satisfied
. Once additional good time has been awarded, it
shall not be removed
.
In accordance with adopted

rules
a
dditional good time
may
be deducted from the maximum sentence and minimum sentence imposed by the sentencing court of any inmate who:

(A)

Has no prior conviction for a f
elony level crime in any state;

(B)

Is not serving a sentence as a result of a conviction for murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, aircraft hijacking, arson in the first
or second degree, aggravated burglary, or a violation of W.S. 6
‑
2
‑
314(a)(i) or 6
‑
2
‑
315(a)(ii);

(C)

Is in compliance with his individualized case plan, including any requirements for education, programming, treatment and work;

(D)

Has served at least one
‑
half
(1/2)
of the maximum sentence imposed by the sentencing court;
and

(E)

Has no institutiona
l disciplinary rule infractions
.

(iv)

For
additional good time to be awarded to any parolee only after all statutory requirements are satisfied. Once additional good time has been awarded, it shall not be removed. The award
shall
be dependent upon the written recommendation of the supervising parole agent and that agent's supervisor and shall be based on the parolee's reduced level of community risk and his compliance with his individualized parole case plan and conditions, including any requirements for education, programming, treatment,
court ordered restitution and work. A
dditional good time
may
be deducted from the maximum sentence imposed by the sentencing court of any parolee who
:

(A)

H
as satisfactorily completed at least one
‑
half
(1/2)
of his period of supervised parole from the date of release from prison to his projected date of discharge
;
and

(B)

Ha
s no documented police contacts noted and no documented sanctions for violations of the terms and conditions of his parole during the current period of parole
.

(c)

The court may
adjust
decrease
the period of a probationer
'
s supervised probation
as an incentive for reaching specified goals
on the recommendation of the probation and parole agent, which shall be based on the probationer
'
s positive progression towards the goals of the case plan
,
including
successful completion of a rehabilitative program or completion of a defined increment of time without a serious violation of probation
conditions,
as well as the overall compliance with the conditions imposed by the court.

7
‑
13
‑
1107
.

Administrative sanctions for program violations.

(a)

The department is authorized to establish by rule and regulation a system of administrative
rewards and
sanctions as an alternative to probation or parole revocation for probationers and parolees who violate the rules and restrictions of an intensive supervision program established under this article.

(b)

Authorized sanctions may include:

(iii)

Restrictions on personal liberty including:

(A)

An immediate sanction of confinement in a county jail, to be imposed as a two (2) day or three (3) day consecutive period by the probation and parole agent with approval of the field services administrator. The
total of all such sanctions shall not exceed eighteen (18) total days during the term of supervision. Sanctions imposed under this
subparagraph
shall not require a hearing held in accordance with W.S. 7
‑
13
‑
408(
b);

(A)
(B)

Detention in county jail for a period not exceeding thirty (30) days;

(B)
(C)

Placement in a residential community correctional program for a period not to exceed sixty (60) days
;
.

(D)

Detention in a consenting county jail coupled with substance abuse treatment contracted with and paid by the department for a period not exceeding ninety (90) days.
D
etention
under this subparagraph
shall be initiated due to repeated substance abuse violations during the period of probation or parole and shall be credited to the sentence;

(E)

Cumulative custodial sanctions imposed under subparagraphs (A) and (B) of this
paragraph
shall not
exceed ninety (90) days per probation sentence or period of parole supervision prior to revocation and shall be credited to the sentence. Custodial sanctions imposed under subparagraphs (B) through (D) of this
paragraph
shall require a hearing held in accordance with W.S. 7
‑
13
‑
408(
b).

7
‑
18
‑
102
.

Definitions.

(a)

As used in this act:

(iii)

"
Inmate
"
means an adult serving a felony sentence in any state penal institution or any correctional facility operated pursuant to a contract under W.S. 7
‑
22
‑
102, excluding any inmate who:

(C)

Is serving a term of
life
imprisonment
not subject to parole
; or

7
‑
18
‑
106
.

Powers and duties of boards.

(a)

Subject to this act, a corrections board may:

(iii)

Accept, reject or reject after acceptance the placement pursuant to a contract with the department, of any offender, parolee or inmate in an adult community correctional facility or program.
Acceptance, rejection or rejection after acceptance shall be based on
a
simple majority vote of those present at the meeting of the corrections board where a quorum is present. The reason for rejection or rejection after acceptance shall be reduced to writing with a copy provided to the referring agency and the offender, parolee or inmate. The basis for the rejection or rejection after acceptance shall not be subject to appeal or court action.
If an offender, parolee or inmate is rejected by the corrections board after initial acceptance, the offender, parolee or inmate shall be placed in the custody of a sheriff of a county served by the corrections board for a reasonable period of time pending receipt of appropriate orders for the transfer of the offender, parolee or inmate.

7
‑
18
‑
109
.

Transfer of inmate to facility by department.

(b)

A transfer of an inmate to a residential adult community correctional facility under this section may be made only if:

(iii)

The inmate is within at least
twenty
‑
four (24)
thirty
‑
six (36)

months of his parole eligibility date and his conduct during his confinement has
been such that he is appropriate for placement;

Section
2
.

W.S. 7
‑
13
‑
301(
a)(i) through (v) is repealed.

Section

3
.

This act is effective July 1, 2016.

(END)

1
SF0048