Chapter 6 - Courthouses And Jails
CHAPTER 6 - Courthouses and Jails
ARTICLE 1 - GENERALLY
18-6-101. Authority to acquire and dispose of sites generally.
(a) Each board of county commissioners may purchase or receiveby donation or otherwise a site for a county courthouse, jail or both at thecounty seat of the county or a site for a county jail at any location withinthe county, and may erect thereon a suitable courthouse, jail or both if in thecounty seat, or a suitable jail if not located in the county seat. If such abuilding is to replace one presently in use the board may sell the building tobe replaced.
(b) If a courthouse or jail to be replaced is sold it shall besold at public auction to the highest bidder for cash or on such terms ofpayment as determined by the board and in case of deferred payments, securityis required satisfactory to the board. No sale shall occur until public noticehas been given in some newspaper published and of general circulation in thecounty once a week for four (4) weeks. The notice shall specify the time, placeand terms of sale. All proceeds of the sale shall be paid into the countytreasury and only expended for a site or toward the erection of a new buildingto replace the one sold.
ARTICLE 2 - CONSTRUCTION OF JAILS
18-6-201. Construction of jails; authority of county commissioners;plans and specifications; maximum cost permitted; call for bids; limitationsapplicable only when costs paid from general fund.
(a) Whenever the board of county commissioners deems it in thebest interest of the county to have a jail constructed they shall cause plansand specifications for a jail to be prepared by a competent architect. Afterthe plans and specifications are prepared, reviewed and critiqued by thesheriff and adopted by the board of county commissioners they shall depositthem in the office of the county clerk for the county where they shall beavailable for the inspection of all persons. The board of county commissionersshall give notice that they will receive sealed proposals for the building ofthe jail according to the plans and specifications by publication in anewspaper once each week for four (4) consecutive weeks in any newspaper ofgeneral circulation within the county. The notices shall state that thecommissioners will until a specified day not less than thirty (30) days frompublication of the notice receive sealed proposals for the building of all orpart of the jail. Proposals shall be delivered to the county clerk.
(b) This section applies only if the cost of the constructionof the jail is to be paid from the general fund of the county. If bonds are tobe issued pursuant to W.S. 18-4-302 then the above limitations shall not apply.
(c) Subsection (a) of this section does not apply to any jailconstruction project using an alternate design and construction delivery methodas defined in W.S. 16-6-701.
18-6-202. Construction of jails; opening of bids or proposals;awarding of contract; security for completion; payment; exemption for alternatedelivery methods.
(a) On the day appointed for opening the bids the county commissionersshall open and declare the same in public and shall award the contract orcontracts to the lowest bidder.
(b) The bids shall be accompanied by a bid bond or other formof bid guarantee satisfactory to the board in an amount equal to ten percent(10%) of the aggregate amount of the bid. Before the contract is executed thesuccessful bidder shall furnish to the board a performance and payment bond orother form of surety satisfactory to the board, in an amount equal to onehundred percent (100%) of the contract price. All bonds provided pursuant tothis section shall be executed by a surety company authorized to do business inthe state of Wyoming.
(c) Repealed by Laws 1995, ch. 122, 3.
(d) Subsections (a) and (b) of this section do not apply to anyjail construction project using an alternate design and construction deliverymethod as defined in W.S. 16-6-701.
ARTICLE 3 - JAILS GENERALLY
18-6-301. Repealed by Laws 1995, ch. 122, 3.
18-6-302. Jail to be kept by sheriff; manner in which prisoners to bekept.
(a) The county sheriff or his deputy shall keep and maintainthe jail in a safe and secure manner and is responsible for its operation.
(b) Repealed by Laws 1995, ch. 122, 3.
18-6-303. Care of prisoners; audit of expenses.
(a) Repealed by Laws 1995, ch. 122, 3.
(b) The sheriff shall arrange for the administration of medicalcare reasonably required by prisoners committed to his custody.
(c) The county commissioners shall pay for reasonable andnecessary medical care for:
(i) Injuries incurred by a prisoner:
(A) While in custody if the injuries are the proximate resultof negligent or intentionally tortious acts committed by the sheriff or amember of his staff;
(B) During an arrest by the sheriff or a member of his stafffor commission of a crime, provided the injuries were not incurred whileunlawfully resisting arrest;
(C) While on work release or when performing duties assigned bythe sheriff or a member of his staff.
(ii) Any infectious, contagious or communicable disease whichthe prisoner contracts while he is in custody; or
(iii) Medical examinations required by law or court order unlessthe order otherwise provides.
(d) Unless indigent, a prisoner shall pay the cost of medicaltreatment for:
(i) Injuries incurred by that prisoner:
(A) While in custody if the injuries are not the proximateresult of negligent or intentionally tortious acts committed by the sheriff ora member of his staff;
(B) During the commission of a crime; and
(C) While unlawfully resisting arrest or attempting to avoid anarrest.
(ii) Self-inflicted injuries;
(iii) Pre-custodial injuries or illness;
(iv) Pre-custodial dental conditions; and
(v) Any other injuries not covered under subsection (c) of thissection.
(e) A health care provider furnishing treatment to a prisonerfor which the prisoner is liable for payment shall attempt to collect the costof the treatment from the prisoner or his insurance carrier. If the provider isunable to collect the cost after making reasonable efforts to securecollection, and the provider certifies by affidavit to the board of countycommissioners that it is unable to collect the cost of medical treatment, theboard of county commissioners, following payment, may initiate proceedings tocollect from the prisoner any amounts so paid.
(f) The sheriff may require a nonindigent prisoner to pay forany medical treatment under subsection (d) of this section, including anyvoluntary or involuntary mental health evaluation. Necessary medical treatmentshall not be denied based upon a prisoner's inability to pay.
18-6-304. Repealed by Laws 1991, ch. 216, 2.
18-6-305. Care of United States prisoners; disposition of moniescollected.
Everysheriff or keeper of a jail to which any prisoner is committed by any marshalor other officer of the United States shall be responsible for the safekeepingof the prisoner according to the terms of the commitment. The money paid by theUnited States for the use of jails shall be credited to the general fund of thecounty wherein the jail is situated.
18-6-306. Care of prisoners arrested by state trooper and otherspecial officers.
(a) Every sheriff or keeper of any jail shall provide space ifavailable for holding any persons arrested by a state trooper or other specialofficer of the state lawfully entitled to make arrests, prior to their trialand final commitment or release subject to the order of the court havingjurisdiction.
(b) Every sheriff or keeper of a jail to which any persons maybe committed by any state trooper or other special officer of the state shallbe responsible for the safekeeping of such persons according to the terms ofsuch commitment.
18-6-307. Removal of prisoners in case of fire.
Wheneverany jail is on fire or any building contiguous or near a jail is on fire andthere is reason to believe that the prisoners confined in the jail may beinjured or endangered, the sheriff or keeper of the jail may remove theprisoners to some safe and convenient place and confine them as long asnecessary to avoid such danger, or if the jail is destroyed, until some otherplace is provided by the county commissioners for their safekeeping.
18-6-308. Sheriff and prisoners not subject to arrest when traveling.
Anysheriff or other officer who has arrested any prisoner may pass through anycounty that is in the ordinary route of travel from the place where theprisoner was arrested to the place where he is to be delivered. The prisonerand the officers having custody are immune from the service of civil processwhile passing through the county.
18-6-309. Repealed by Laws 1994, ch. 20, 2.
18-6-310. Juvenile prisoners.
(a) Subject to subsection (b) of this section, juvenileprisoners whenever practicable shall be kept separate from adult prisoners.Visits of parents shall be permitted at reasonable hours.
(b) Juvenile prisoners shall be kept separate from adultprisoners.
18-6-311. Custody and safekeeping of documents relating to prisoners.
Allinstruments, writs, process of any kind, or attested copies thereof by whichany prisoner is committed or released shall be endorsed and filed in somesuitable place and all such documents shall be delivered to the successor ofthe officer having charge of the prisoner or succeeding to the office ofsheriff.
18-6-312. Jail register to be kept; information to be shown.
(a) The sheriff or other officer performing the duties ofsheriff shall maintain adequate records relating to the safety, health and welfareof all prisoners.
(i) Repealed by Laws 1995, ch. 122, 2, 3.
(ii) Repealed by Laws 1995, ch. 122, 2, 3.
(iii) Repealed by Laws 1995, ch. 122, 2, 3.
(iv) Repealed by Laws 1995, ch. 122, 2, 3.
(v) Repealed by Laws 1995, ch. 122, 2, 3.
18-6-313. Restrictions on jail expenses.
Nothingin W.S. 18-6-201 or 18-6-202 or 18-6-302 through 18-6-305 or 18-6-307 through18-6-312 shall be construed as authorizing any board of county commissioners togive extra compensation to the county sheriff for performing the dutiesspecified therein, or of incurring any expense on behalf of the county withoutthe written authority of the board of county commissioners except asspecifically provided.
18-6-314. Contract placement of jail prisoners.
Subjectto approval by the board of county commissioners and to the availability offunds, the sheriff may contract with a community correctional facility operatedunder the Adult Community Corrections Act for the housing of prisoners confinedin the county jail in accordance with law for conviction of a misdemeanor. Thecontract shall ensure that the rights and privileges of prisoners housed in acommunity correctional facility under this section are not more restricted thanthose otherwise housed in the county jail.
18-6-315. Prisoners not deemed to be in solitary confinement.
Aprisoner shall not be considered to be held in solitary confinement solelybecause he is the only prisoner in the jail.
18-6-316. Contract for housing municipal prisoners.
Subjectto approval by the board of county commissioners, the sheriff may contract withany municipality in Wyoming for the housing of prisoners charged or sentencedfor municipal ordinance violations in the county jail.