AN ACT relating to criminal procedure; clarifying and modifying available administrative sanctions and eligibility for sanctions for probationers and parolees; specifying applicability; and providing for an effective date.
Taxes
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Judiciary
Last action
2020-03-09
Official status
enrolled
Effective date
3/9/2020
Plain English Breakdown
The official summary does not provide specific details about how often these changes can be applied or if there are limits on types of sanctions.
Changes to Probation and Parole Sanctions
This law clarifies that probationers and parolees do not need a high-risk assessment before being placed into an intensive supervision program as a sanction or modification.
What This Bill Does
Clarifies that probationers and parolees do not need to be assessed as having a high risk for reoffending before being placed in an intensive supervision program as a sanction under the incentives and sanctions system or as a modification of probation or parole.
Allows the Department of Corrections to impose any available sanctions on probationers who violate rules without needing a high-risk assessment.
Removes the 60-day limit for participation in an adult community correctional program as a sanction.
Who It Names or Affects
Probationers and parolees placed into intensive supervision programs
The Department of Corrections when imposing sanctions on probationers
Terms To Know
Intensive Supervision Program
A strict form of community-based supervision for individuals who have been convicted of crimes.
Validated Risk-Need Assessment
An evaluation to determine the likelihood that a person will reoffend or violate probation conditions.
Limits and Unknowns
The law does not specify how often these changes can be applied.
It is unclear if there are any limits on the types of sanctions that can be imposed without a high-risk assessment.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment changes the way the bill becomes effective, making it take effect immediately after all necessary steps for a new law are completed.
Changes the effectiveness date of the bill to be immediate upon completion of all required legal procedures.
The exact timing of when the bill will become effective is not specified and depends on the completion of unspecified legal processes.
Bill History
2020-03-09LSO
Assigned Chapter Number 18
2020-03-09Governor
Governor Signed SEA No. 0004
2020-03-05House
H Speaker Signed SEA No. 0004
2020-03-04Senate
S President Signed SEA No. 0004
2020-03-04LSO
Assigned Number SEA No. 0004
2020-03-04Senate
S Concur:Passed 30-0-0-0-0
2020-03-04Senate
S Received for Concurrence
2020-03-03House
H 3rd Reading:Passed 60-0-0-0-0
2020-03-02House
H 2nd Reading:Passed
2020-02-28House
H COW:Passed
2020-02-27House
H Placed on General File
2020-02-27House
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0
2020-02-24House
H Introduced and Referred to H01 - Judiciary
2020-02-19House
H Received for Introduction
2020-02-19Senate
S 3rd Reading:Passed 30-0-0-0-0
2020-02-18Senate
S 2nd Reading:Passed
2020-02-17Senate
S COW:Passed
2020-02-14Senate
S Placed on General File
2020-02-14Senate
S01 - Judiciary:Recommend Do Pass 5-0-0-0-0
2020-02-11Senate
S Introduced and Referred to S01 - Judiciary 29-0-1-0-0
2020-02-10Senate
S Received for Introduction
2019-12-10LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 20LSO-0124
Bill No.:
SF0014
Effective:
Immediately
LSO No.:
20LSO-0124
Enrolled Act No.:
SEA No. 0004
Chapter No.:
18
Prime Sponsor:
Joint Judiciary Interim Committee
Catch Title:
Probation and parole sanctions-amendments.
Subject:
Clarifying the use of and eligibility for administrative sanctions for probationers and parolees.
Summary/Major Elements:
In 2019, the Legislature passed a bill that establishes a comprehensive incentives and sanctions system for probationers and parolees and that requires a validated risk need assessment as part of a presentence investigation. Offenders must be assessed as having a high risk for reoffending to be placed in an intensive supervision program.
The act clarifies that probationers and parolees do not need to be assessed as having a high risk for reoffending before being placed in an intensive supervision program as a sanction under the incentives and sanctions system or as a modification of probation or parole.
The act also clarifies that the Department of Corrections can impose any of the available sanctions for probationers who violate the rules and restrictions of the intensive supervision program in which they participate without being assessed as a high risk.
The act also removes a sixty (60) day limit on participation in an intensive supervision program as a sanction to conform with the 2019 legislation.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
20LSO-0124
ORIGINAL Senate
ENGROSSED
File No
.
SF0014
ENROLLED ACT NO. 4,
SENATE
SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session
AN ACT relating to criminal procedure; clarifying and modifying available administrative sanctions and eligibility for sanctions for probationers and parolees; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 7
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13
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1104(a)(intro) and by creating a new subsection (b), 7
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13
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1105(d) and by creating a new subsection (e), 7
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18
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108(f) and by creating a new subsection (g) and 7
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18
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115(g) and by creating a new subsection (h) are amended to read:
7
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13
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1104.
Program participation as a condition of parole.
(a)
Except as provided in subsection (b) of this section, t
he state board of parole may, as a condition of parole, require a parolee who is assessed through a validated risk
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need assessment as a high risk for reoffending or violating a condition of parole to participate in a program established under this article, provided:
(b)
Placement of a parolee in a program established under W.S. 7
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13
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1102 as a sanction under W.S. 7
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13
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1801 through 7
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13
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1803 or following a modification or revocation of parole shall not require the parolee to be assessed through a validated risk
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need assessment as a high risk for reoffending or violating a condition of parole.
7
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13
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1105.
Placement of probationer in program by sentencing court.
(d)
Except as provided in subsection (e) of this section, a
defendant shall not be placed in a program established under W.S. 7
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13
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1102 unless the defendant receives a validated risk
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need assessment and scores as a high risk for reoffending or for violating conditions of probation except that a defendant may be placed in a program established under W.S. 7
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13
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1102 for good cause shown upon the record.
(e)
Placement of a probationer in a program established under W.S. 7
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13
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1102 as a sanction under W.S. 7
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13
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1801 through 7
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13
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1803 or following a revocation of probation shall not require the probationer to be assessed through a validated risk
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need assessment as a high risk for reoffending or violating a condition of probation.
7
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18
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108.
Placement of offender in program by court; placement by department as administrative sanction.
(f)
Subject to subsection (b) of this section, the department may
, as an administrative sanction pursuant to W.S. 7
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13
‑
1801 through 7
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13
‑
1803, require
impose the administrative sanctions provided in W.S. 7
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13
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1802(b) on
any probationer participating in an intensive supervision program who violates the rules and restrictions of the program
to participate in a residential adult community correctional program for a period not to exceed sixty (60) days
as an alternative to probation revocation.
(g)
Notwithstanding paragraph (b)(iv) of this section, placement of a probationer in an adult community correctional program as a sanction under subsection (f) of this section and W.S. 7
‑
13
‑
1801 through 7
‑
13
‑
1803 or following a revocation of probation shall not require the
probationer to be assessed through a validated risk
‑
need assessment as a high risk for reoffending or violating a condition of probation.
7
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18
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115.
Assignment of parolee to program by state board of parole; placement by department as administrative sanction.
(g)
Subject to subsection (b) of this section, the department may
, as an administrative sanction pursuant to W.S. 7
‑
13
‑
1801 through 7
‑
13
‑
1803, require
impose the administrative sanctions provided in W.S. 7
‑
13
‑
1802(b) on
any parolee participating in an intensive supervision program who violates the rules and restrictions of the program
to participate in an adult residential community correctional program for a period not to exceed sixty (60) days
as an alternative to parole revocation.
(h)
Notwithstanding paragraph (b)(v) of this section, placement of a parolee in an adult community correctional program authorized under this article as a sanction under subsection (g) of this section, W.S. 7
‑
13
‑
1801 through 7
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13
‑
1803 or following a modification or revocation of parole shall not require the parolee to be assessed through a validated risk
‑
need assessment as a high risk for reoffending or violating a condition of probation.
Section 2.
The provisions of this act shall apply to all probation and parole conditions resulting from a sentence imposed on or after the effective date of this act.
Section 3.
This act is 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)
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
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