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HB0157 • 2020

Private probation program.

AN ACT relating to sentencing and imprisonment; establishing a pilot program for private probation services; specifying eligibility, procedures and duties of the private probation program; providing a sunset date; providing an appropriation; and providing for effective dates.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Olsen
Last action
2020-02-14
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The official source material does not specify which judicial district will be involved in the pilot program.

Private Probation Program

This act establishes a two-year pilot program in one judicial district for private probation services, setting rules and procedures for eligibility, duties, reporting, funding, and evaluation.

What This Bill Does

  • Creates a pilot program for private companies to provide probation supervision starting July 1, 2020, ending June 30, 2022.
  • Specifies that the selected company must have at least one year of experience in providing similar services and comply with most state probation requirements except certain specific ones.
  • Requires the private entity to perform duties like direct supervision, reporting on conduct, monitoring for drug use, and handling violations as needed by the court or corrections department.
  • Sets up a process where the selected company must report annually to committees about program implementation, impact, fees charged, services provided, and other relevant information.
  • Allocates $500,000 from the general fund to cover costs of setting up and running the pilot program.

Who It Names or Affects

  • People sentenced to probation who are eligible for the private probation program in one Wyoming judicial district.
  • Private companies interested in providing probation services under this pilot program.
  • State agencies like the Department of Corrections, Administration and Information, and Judicial Conference of District Judges.

Terms To Know

Pilot Program
A small-scale trial run to test a new idea or process before full implementation.
Nonviolent Felony
Any felony that is not a violent felony under W.S. 6-1-104(a)(xii).

Limits and Unknowns

  • The bill did not pass and was never considered for introduction, so it has no legal effect.
  • Details about which judicial district will participate in the pilot program are not specified.

Bill History

  1. 2020-02-14 House

    H Did not Consider for Introduction Vote

  2. 2020-02-11 House

    H Received for Introduction

  3. 2020-02-10 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0021
2020
STATE OF WYOMING
20LSO-0021
Introduced
2.0

HOUSE BILL NO. HB0157

Private probation program.

Sponsored by: Representative(s) Olsen, Brown, Clem, Duncan, Kinner, Kirkbride, Lindholm and Western and Senator(s) Biteman, Boner, Driskill, Gierau, Hicks and Pappas

A BILL

for

AN ACT relating to sentencing and imprisonment; establishing a pilot program for private probation services; specifying eligibility, procedures and duties of the private probation program; providing a sunset date; providing an appropriation; and providing for effective dates.

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

Section 1
.

(a)

There is established a pilot program for private probation services beginning July 1, 2020 and ending June 30, 2022. The program created under this section shall be
implemented in one (1) judicial district within the state of Wyoming.

(b)

A private entity providing probation services under this section shall:

(i)

Have provided probation supervision services for a state department of corrections or under the supervision of a court for at least one (1) year before providing services under this section;

(ii)

Comply with all requirements and procedures of probation in title 7, chapter 13 of the Wyoming statutes except for the requirements and procedures of W.S. 7
‑
13
‑
406, 7
‑
13
‑
418 and 7
‑
13
‑
419;

(iii)

Perform all of the duties required of probation and parole agents under W.S. 7
‑
13
‑
407;

(iv)

Provide direct supervision of probationers through personal visits, reports and other appropriate means, notwithstanding W.S. 7
‑
13
‑
405(f);

(v)

Report to the sentencing court and the department of corrections in writing on the conduct of each person supervised under this section as often as required by the court or the department;

(vi)

Provide for all necessary monitoring, drug and alcohol screening and substance abuse and mental health treatment for each probationer;

(vii)

Report all suspected violations of conditions of probation to the court and to the department of corrections;

(viii)

Report to the joint judiciary interim committee and the joint appropriations committee not later than October 1 of each year on the program. The report shall include:

(A)

The implementation, operation and impact of the program established in this section;

(B)

The number of probationers under supervision by the private entity;

(C)

The amount of fees, if any, charged to and collected from probationers under supervision by the private entity;

(D)

The number of community service hours performed by probationers under supervision;

(E)

A listing of all services and programs for which a probationer was required to pay to attend;

(F)

The number of violations of conditions of probation by probationers supervised by the private entity;

(G)

The number of probationers supervised by the private entity for whom probation has been revoked and the reason for the revocation of probation;

(H)

Any other information deemed relevant in describing the operation and effectiveness of the program;

(J)

Any other information that the joint judiciary interim committee and the joint appropriations committee requests.

(c)

The department of administration and information, in consultation with the judicial conference of district judges established under W.S. 5
‑
3
‑
102(b) and the department of corrections, shall select a private probation services provider and contract for the provision of probation services in accordance with the provisions of W.S. 9
‑
2
‑
1016.

(d)

The department of corrections and the judicial conference of district judges shall select a judicial district to participate in the pilot program created under this section.

(e)

Any private probation service provider selected under this section shall only provide probation services for offenders who have committed a misdemeanor or nonviolent felony. For purposes of this section, "nonviolent felony"
means any felony that is not a violent felony under W.S. 6
‑
1
‑
104(a)(xii).

(f)

The sentencing court in the judicial district selected to participate in the pilot program may refer a person sentenced to probation to begin or complete the term of probation in the private probation program created under this section. A person sentenced to probation may request to begin or complete his term of probation in the program created under this section.

(g)

A private probation service provider selected under this section may charge reasonable fees to a probationer for the services provided under this section if established and approved in the contract entered into under subsection (c) of this section.

(h)

Any private entity providing probation services under this section shall have no authority to sanction any probationer for violations of the conditions of probation.

(j)

Any person whose probation is subject to supervision by a private entity under this section on the date of repeal of this section shall have their probation supervision transferred to the department of corrections.

(k)

To the extent federal funds are available to fund the program created by this section, the department of administration and information may expend any monies appropriated by the legislature in any minimum amount necessary to qualify to receive the federal funds. Unless other requirements are mandated to qualify for the federal funds, after all federal funds are exhausted the department is authorized to use any remaining state funds consistent with all limitations imposed on funds in its appropriation.

(m)

This section is repealed effective July 1, 2022.

Section 2.

On or before November 1, 2021, the joint judiciary interim committee shall study the effectiveness of the private probation program created by this act and shall study the feasibility of expanding the program statewide or to other judicial districts. The joint judiciary interim
committee may sponsor any legislation it deems necessary to continue, expand, modify or terminate the program.

Section 3.

There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the department of administration and information for the purpose of entering into a contract with a private probation services provider as required by section 1 of this act. This appropriation shall be for the period beginning on July 1, 2020 and ending June 30, 2022. This appropriation 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, 2022.

Section 4.

(a)

The department of corrections shall adopt rules and regulations to implement the provisions of this act, including rules to establish and oversee the program for private probation services created by Section 1 of this act.

(b)

The department of administration and information, the department of corrections and the judicial conference of district judges may take any action necessary to implement the provisions of this act.

Section 5
.

(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2020.

(b) Sections 4 and 5 of this act are
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0157