Criminal justice reform.

2017
STATE OF WYOMING
17LSO-0153
ENGROSSED
2.1

CORRECTED COPY

HOUSE BILL

NO.

HB0094

Criminal justice reform.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to criminal justice; amending and creating provisions relating to sentencing, probation and parole; specifying conditions for probation or suspension of sentence; creating procedures for addressing parole, probation and suspension of sentence violations; amending provisions relating to rewards and sanctions; amending criteria and procedures related to adult community correctional facilities or programs; repealing a provision related to discharge and dismissal; providing appropriations; and providing for an effective date.

Section 1
.

W.S. 7
‑
13
‑
308 is created to read:

7
‑
13
‑
308
.

Additional revocation of probation option; placement in a treatment program.

(a)

In addition to any other sentencing or treatment option available to the court, upon the revocation of probation or suspension of sentence under W.S. 7
‑
13
‑
302 by a district judge for a felony conviction, the court may order treatment under subsection (b) of this section or a term of confinement and treatment at a substance abuse treatment unit operated by or under contract with the department of corrections, subject to the following:

(i)

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

(ii)

The court may impose the condition authorized under this subsection if:

(A)

The defendant has one hundred eighty (180) days or more remaining on his term of probation or suspended sentence;

(B)

The defendant is a qualified offender as defined by W.S. 7
‑
13
‑
1301(
a)(iv);

(C)

The defendant is recommended for substance abuse treatment as a result of a substance abuse assessment as defined by W.S. 7
‑
13
‑
1301(
a)(v). The cost of the substance abuse assessment shall be assessed to and paid by the defendant; and

(D)

The court makes an affirmative finding that drug or alcohol abuse significantly contributed to the commission of the crime or has been a contributing factor in recurring criminal behavior or violations of conditions of probation or suspension of sentence.

(b)

The court may order a defendant to complete a court supervised treatment program qualified under W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1615.

(c)

Upon notification to the court by the department of corrections that the defendant has successfully completed a court supervised treatment program or a term of confinement and treatment in a substance abuse treatment unit, the court shall:

(i)

Order a reduction in the defendant's sentence and place the defendant on probation or suspension of sentence for a term and under conditions permitted by law;

(ii)

Credit the time served during the term of confinement and treatment under this section towards the defendant's sentence on a day for day basis. Good time allowances pursuant to W.S. 7
‑
13
‑
420(
a) shall not be authorized.

Section 2
.

W.S. 7
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13
‑
301(a)(intro), (b) and (c), 7
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13
‑
305(a) through (c), 7
‑
13
‑
403(b) and by creating a new subsection (c), 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)(iii) are amended to read:

7
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13
‑
301
.

Placing person charged with or 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
three (3) years for misdemeanor charges or
five (5) years
upon
for felony charges. The
terms and conditions
shall be
set by the court. The terms of probation shall include that he:

(b)

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 after the expiration of six
(6) months for misdemeanor charges
, discharge the person and dismiss the proceedings against him.

(c)

If
after hearing, the court determines
the defendant
violates
violated
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)

Credit any amount of time already served on probation towards any sentence imposed for the original charge for which probation was granted under this section; or

(iv)

C
ontinue
or modify the term and conditions of probation.

7
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13
‑
305
.

Determination, continuance or extension; discharge order; revocation proceedings.

(a)

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 term shall not 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 under W.S. 7
‑
13
‑
302, the court may:

(i)

Continue or extend the period of probation or suspension;

(ii)

Modify the conditions of probation or suspension of sentence or remove conditions previously imposed;

(iii)

Add new probation or suspension of sentence conditions if the defendant violates a term or condition of probation.

(b)

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.
If the court finds that the defendant's 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 defendant.

(c)

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 to be arrested. If after hearing the court determines that the defendant violated any of the terms of probation or suspension of sentence, the court may
:

(
i
)

P
roceed to
deal with the case
impose a sentence
as if no suspension of sentence or probation had been ordered
;
.

(ii)

Credit any amount of time already served on probation or suspension of sentence towards the sentence of the original charge;

(iii)

Continue the term and modify the conditions of probation or suspension of sentence
, including to require a defendant to complete successfully a court supervised treatment program qualified under W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1615
; or

(iv)

Order
the revocation of probation or suspension of sentence for a felony conviction and order a term of confinement and treatment at a substance abuse treatment unit under W.S. 7
‑
13
‑
308.

7
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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 W.S. 7
‑
13
‑
404
.

(c)

Unless otherwise ordered by the board, a parole violator who is returned to the custody of the department for a violation of the terms and conditions of parole based on conduct which does not constitute a separate felony conviction and which does not constitute absconding while on parole shall be returned for a period of incarceration not to exceed one hundred twenty (120) days for a first violation that leads to revocation of parole and a period of incarceration not to exceed one hundred eighty (180) days for a second violation that leads to revocation of parole.

7
‑
13
‑
404
.

Computing remainder of sentence for parole violator.

Unless otherwise ordered by the board, i
n computing the remainder of the sentence to be served by a parole violator,
no
credit shall be
given
granted for each day
served on parole
against
his
a parole violator's
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
except that no credit shall be given if a parole violator is returned to prison for conduct which constitutes a separate felony conviction or absconding while on 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
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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
:

(i)

E
ither 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

(ii)

F
or the removal of previously earned good time allowances and the withholding of future good time allowances
;
.

(iii)

For additional good time to be awarded to an inmate. Additional good time awarded under this paragraph and rules adopted pursuant to this paragraph shall not be removed and may be deducted from the maximum sentence and minimum sentence imposed by the sentencing court. Additional good time under this paragraph shall only be awarded to an inmate who:

(A)

Has no prior conviction for a felony in any state;

(B)

Is not serving a sentence as a result of a conviction of a violent felony as defined in W.S. 6
‑
1
‑
104(
a)(xii);

(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 institutional disciplinary rule infractions that resulted in placement into disciplinary segregation or the withholding or removal of good time.

(iv)

For
additional good time to be awarded to a parolee. Additional good time awarded under this paragraph and rules adopted pursuant to this paragraph may be deducted from the maximum sentence and minimum sentence imposed by the sentencing court. Additional good time under this paragraph shall only be awarded to a parolee who:

(A)

Has received a written recommendation for additional good time to be awarded from the supervising parole agent and that agent's supervisor, which is 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; and

(B)

Has 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.

(c)

The court may
adjust
modify
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)

Immediate 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 sanctions under this subparagraph shall not exceed eighteen (18) days during the term of supervision and 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. Detention under this subparagraph shall only be imposed for 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 (B) and (C) 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). A custodial sanction under subparagraph (D) of this paragraph shall only be available one (1) time to any one (1) person.

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
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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 or rejection shall be determined by a majority vote of those present at a meeting of a corrections board where a quorum is present. The reason for rejection shall be provided in writing to the referring agency and the offender, parolee or inmate. An action by a corrections board under this paragraph is not subject to appeal or judicial review.
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
3
.

(a)

For the period beginning July 1, 2017 and ending June 30, 2018, there is appropriated from the general fund to the department of corrections:

(i)

One million three hundred forty
‑
one thousand seven hundred thirty
‑
five dollars ($1,341,735.00) for the purpose of providing substance abuse treatment
under this act. To the extent funds are available, the department of corrections shall reimburse the Wyoming department of health the costs of a court supervised treatment program qualified under W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1615 and ordered under this act
;

(
ii
)

Eighty
‑
six thousand four hundred dollars ($86,400.00) to implement administrative sanctions of immediate confinement in a county jail for probationers and parolees as an alternative to probation or parole revocation;

(iii)

F
ive hundred ninety
‑
four thousand
dollars ($594,000.00) to implement administrative sanctions of detention in a consenting county jail and substance abuse treatment for probationers and parolees as an alternative to probation or parole revocation.

(
b
)

Notwithstanding any other provision of law, funds appropriated under this section shall not be transferred or
expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2018. Funds appropriated under this section shall be included in the department of corrections' 2019
‑
2020 standard biennial budget request.

Section
4
.

This act is effective July 1, 2017
.

(END)

1
HB0094