Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
7-1-101. Payment of costs accruing from change of venue.
The costs accruing from a change of venueshall be paid by the county in which the indictment was found or theinformation filed.
7-1-102. Record of information for ascertaining condition of crime instate.
All town, city, county and state lawenforcement agencies, district courts, courts of limited jurisdiction, districtattorneys, state adult and juvenile correctional institutions and state andlocal probation and parole agencies shall maintain a public record of crime andcriminals and the operation of the criminal justice system. The attorneygeneral shall provide uniform forms for reporting all information necessary toobtain reliable statistics to ascertain the true condition of the crimesituation in the state. The officer, agency or court shall furnish theinformation requested by the attorney general.
7-1-103. Payment of costs in misdemeanor cases.
In all misdemeanor cases the county shallpay the costs if the defendant is acquitted.
7-1-104. Custody of convict charged with offense committed while instate penal institution.
If any convict in a state penal institutionis charged with any crime committed while confined therein, the convict shallremain in the custody of the department of corrections and shall remainconfined in the institution unless otherwise directed by the director of thedepartment or by order of the court in which the indictment or information isfiled.
7-1-105. Representation of minor pleading guilty.
In no criminal case in the district courtshall a plea of guilty be received or accepted from a minor unless the minor isrepresented by counsel.
7-1-106. Prosecution of crimes.
(a) Crimes shall be prosecuted by indictment, information,complaint or citation as provided by the rules promulgated by the Wyomingsupreme court.
(b) All prosecutions shall be carried on in the name and by theauthority of the state of Wyoming and shall conclude "against the peaceand dignity of the state of Wyoming".
(c) All matters relating to the content and form ofindictments, informations and complaints shall be governed by the rulespromulgated by the Wyoming supreme court.
7-1-107. Detention of juvenile offenders.
(a) Effective July 1, 1995, no minor charged with a statusoffense as defined by subsection (b) of this section shall be detained in ajail.
(b) As used in W.S. 7-1-107 and 7-1-108:
(i) "Juvenile detention facility" means any facilitywhich may legally and physically restrict and house a child, other than theWyoming boys' school, the Wyoming girls' school, the Wyoming state hospital orother private or public psychiatric facility within the state of Wyoming. Ajuvenile detention facility may be housed within an adult jail or correctionfacility if the facility otherwise meets the requirements of state law;
(ii) "Minor" means an individual who is under the ageof eighteen (18) years;
(iii) "Status offense" means an offense which, ifcommitted by an adult, would not constitute an act punishable as a criminaloffense by the laws of this state or a violation of a municipal ordinance, butdoes not include a violation of W.S. 12-6-101(b) or (c) or any similarmunicipal ordinance;
(iv) "Hardware secure juvenile detention facility"means a facility used for the detention of minors that is characterized bylocks on the doors and other restrictive hardware designed to restrict themovement of the minors and protect public safety;
(v) "Shelter care" means as defined in W.S.14-6-201(a)(xxii);
(vi) "Staff secure juvenile detention facility" meansa facility used for the detention of minors that is characterized by a trainedstaff to supervise the movement and activities of detained minors at thefacility, without the additional use of hardware secure equipment.
7-1-108. Incarceration of juvenile offenders.
(a) Effective July 1, 1995, no minor convicted of a statusoffense as defined by W.S. 7-1-107(b) shall be sentenced to a term ofimprisonment.
(b) A minor convicted of a misdemeanor or of violating amunicipal ordinance, other than a status offense, for which a term ofimprisonment is authorized, shall only be imprisoned in a juvenile detentionfacility.
(c) Except for an alleged delinquent minor who is released tothe custody of the minor's parent, guardian or custodian, with verbal counsel,warning or a written promise to appear in court, the person taking the minorinto custody shall ensure a juvenile detention risk assessment shall bepromptly performed, using a uniform assessment instrument designed by thecounty sheriffs. If the risk assessment finds that the minor is a serious riskto himself or to the safety of others, the minor may be:
(i) Placed in a hardware or staff secure juvenile detention facility;
(ii) Transferred to a medical facility if the minor is believedto be suffering from a serious physical or mental illness that requires promptdiagnosis or treatment;
(iii) If the minor is not held pursuant to paragraph (i) of thissubsection, placed in shelter care or a staff secure juvenile detentionfacility, or released to a parent, guardian or other custodian who can providesupervision and care for the minor pending the minor's appearance in court. Ifno space is available in shelter care or a staff secure juvenile detentionfacility, the minor may be held in a hardware secure juvenile detentionfacility.
(d) A minor under the age of eleven (11) years shall not beheld in a hardware secure juvenile detention facility. If the minor under theage of eleven (11) years poses a substantial risk of harm to himself or others,a peace officer may detain and transport the minor for an emergency mentalhealth evaluation.
(e) If a minor is taken into custody and is not released to theminor's parent, guardian or custodian, the person taking the minor into custodyshall give notice thereof to the minor's parent, guardian or custodian as soonas possible, and in no case later than twenty-four (24) hours after taking theminor into custody.
(f) The county sheriffs shall report on and the department offamily services shall collect and analyze data regarding the application of thejuvenile detention risk assessment instruments specified under W.S. 5-6-113(c)and subsection (c) of this section and shall report to the joint judiciaryinterim committee annually beginning January 1, 2011 and every January 1thereafter.
7-1-109. Examination for sexually transmitted diseases required incertain cases; health officers to notify crime victims; results confidential.
(a) Upon the consent of a person accused of any crime whereinit is alleged that there has been an exchange of bodily fluids, that personshall be examined as soon as practicable for sexually transmitted diseasesincluded within the list of reportable diseases developed by rule andregulation of the department of health pursuant to W.S. 35-4-130(b).
(b) For cases in which a person is accused of any crime whereinit is alleged that there has been an exchange of bodily fluids and the accusedperson is unwilling or unable to give consent as provided in subsection (a) ofthis section, or when, for any reason it is impractical to seek consent undersubsection (a) of this section, the court may by warrant, upon a sufficientshowing of probable cause by affidavit, at any time of day or night, order themedical examination of the accused person for sexually transmitted diseasesincluded within the list of reportable diseases developed by rule andregulation of the department of health pursuant to W.S. 35-4-130(b).
(c) Any person convicted of a sex offense shall, at the requestof the victim, be examined as soon as practicable after the conviction forsexually transmitted diseases included in the list specified in subsection (a)of this section. The victim shall make the request to the district attorneyresponsible for prosecuting the offense. If the offender is unwilling orunable to consent to the examination the district attorney shall petition thecourt for an order requiring the offender to submit to the examination.
(d) Any examination performed under this section shall beperformed by a licensed physician or other health care provider. Theexamination shall be in accordance with procedures prescribed by the departmentof health under W.S. 35-4-130 through 35-4-134 and the examination resultsshall be reported to the appropriate health officer. Upon receipt of theexamination results, the health officer shall notify the victim, the allegedvictim or if a minor, the parents or guardian of the victim or the allegedvictim.
(e) Costs of any medical examination undertaken pursuant tothis section shall be funded through the department of health. If the courtfinds that the offender is able to reimburse the department, the offender shallreimburse the department for the costs of any medical examination under thissection.
(f) All results which are or can be derived from theexamination ordered pursuant to this section are confidential, are notadmissible as evidence and shall not be disclosed except:
(i) As provided by this section;
(ii) As provided by W.S. 35-4-132(d);
(iii) In a civil action for the negligent or intentionalinfliction of or exposure to a sexually transmitted disease;
(iv) In a criminal prosecution for the criminal infliction of orexposure to a sexually transmitted disease; or
(v) As otherwise provided by law.
(g) As used in this section:
(i) "Convicted" includes pleas of guilty, nolocontendere and verdicts of guilty upon which a judgment of conviction may berendered, and includes juvenile adjudications of delinquency if theadjudication is based upon an act which would constitute a sex offense. "Convicted" shall also include dispositions pursuant to W.S.7-13-301;
(ii) "Sex offense" means sexual assault under W.S.6-2-302 through 6-2-304, attempted sexual assault, conspiracy to commit sexualassault, incest under W.S. 6-4-402 or sexual abuse of a minor under W.S.6-2-314 through 6-2-317.