Chapter 19 - Criminal History Records
CHAPTER 19 - CRIMINAL HISTORY RECORDS
ARTICLE 1 - IN GENERAL
7-19-101. Short title.
This act shall be known and may be cited asthe "Wyoming Criminal History Record Act".
7-19-102. Scope and applicability of provisions.
(a) This act governs all systems of records for the collection,maintenance, use and dissemination of individually identifiable criminalhistory record information by any criminal justice agency.
(b) This act applies to criminal history record informationcompiled for all felonies, high misdemeanors and other misdemeanors determinedby the division pursuant to W.S. 9-1-623(a) but does not apply to violations ofmunicipal ordinances.
(c) Notwithstanding any provision of this act, specificprovisions relating to confidentiality of records contained in Title 14,Wyoming statutes, shall govern in those circumstances to which the morespecific statute applies.
7-19-103. Definitions.
(a) As used in this act:
(i) "Conviction data" includes records indicatingcriminal justice transactions related to an offense that have resulted in aconviction, guilty plea or a plea of nolo contendere of an individual;
(ii) "Criminal history record information" meansinformation, records and data compiled by criminal justice agencies onindividuals for the purpose of identifying criminal offenders consisting ofidentifiable descriptions of the offenders and notations or a summary ofarrests, detentions, indictments, information, pre-trial proceedings, natureand disposition of criminal charges, sentencing, rehabilitation, incarceration,correctional supervision and release. Criminal history record information islimited to information recorded as the result of the initiation of criminalproceedings. It does not include intelligence data, analytical prosecutorialfiles, investigative reports and files or statistical records and reports inwhich individual identities are not ascertainable, or any document signed bythe governor granting a pardon, commutation of sentence, reprieve, remission offine or forfeiture, or a restoration of civil rights by the governor orrestoration of voting rights by the state board of parole;
(iii) "Criminal justice agency" means any agency orinstitution of state or local government other than the office of the publicdefender which performs as part of its principal function, activities relatingto:
(A) The apprehension, investigation, prosecution, adjudication,incarceration, supervision or rehabilitation of criminal offenders;
(B) The collection, maintenance, storage, dissemination or use ofcriminal history record information.
(iv) "Division" means the Wyoming division of criminalinvestigation within the office of the attorney general;
(v) "High misdemeanor" means a misdemeanor for whichthe penalty authorized by law exceeds the jurisdiction of municipal courts;
(vi) "Interstate system" means all agreements,arrangements and systems for the interstate transmission and exchange ofcriminal history record information. The term does not include record keepingsystems in the state maintained or controlled by any state or local agency, orgroup of agencies, even if the agencies receive or have received informationthrough, or otherwise participate or have participated in, systems for theinterstate exchange of criminal history record information;
(vii) "Nonconviction data" means arrest information incases in which:
(A) There has been an acquittal, dismissal or annulment ofverdict or plea;
(B) An interval of one (1) year has elapsed from the date ofarrest and no active prosecution of the charge is pending;
(C) A law enforcement agency has elected not to refer a matterto a prosecutor;
(D) A prosecutor has elected not to commence criminalproceedings; or
(E) The proceedings have been indefinitely postponed.
(viii) "State" means the state of Wyoming;
(ix) "System of record" means any group of recordsunder the control of a criminal justice agency from which information isretrieved using the name of the individual or some identifying number, symbolor other identifier particularly assigned to the individual. The term does notinclude records that are maintained only in chronological order or by numberswhich are not particular to individuals;
(x) "This act" means W.S. 7-19-101 through 7-19-109.
7-19-104. Procedures to insure currentness of information; dispositionand arrest data.
(a) The collection, storage, dissemination and use of criminalhistory record information under this act shall take place under proceduresreasonably designed to ensure that all information is kept current.
(b) Criminal history record information collected, stored,disseminated or used under this act shall contain, to the maximum extentfeasible, disposition as well as arrest data where arrest data is included.
7-19-105. Rules and regulations.
(a) The division shall promulgate reasonable rules andregulations to carry out the provisions of this act. The rules shall include:
(i) Standards and procedures to ensure the security and privacyof all criminal history record information and that the information is usedonly for criminal justice and other lawful purposes; and
(ii) Standards and procedures in conformance with this actrelating to access to and dissemination of criminal history record information,research, system security, record completeness and accuracy, training,intrastate and interstate exchanges, user agreements, audits and procedures forreview and challenge of records.
7-19-106. Access to, and dissemination of, information.
(a) Criminal history record information shall be disseminatedby criminal justice agencies in this state, whether directly or through anyintermediary, only to:
(i) Other criminal justice agencies;
(ii) Any person designated for the purpose provided by W.S.14-6-227;
(iii) The department of family services;
(iv) Other governmental agencies as authorized by the laws ofthe United States or any state or by executive order;
(v) An individual who has met the requirements established bythe division to ensure the record will be used solely as a statistical researchor reporting record and that the record is to be transferred in a form that isnot individually identifiable;
(vi) Any record subject as provided by W.S. 7-19-109;
(vii) The department of health;
(viii) The Wyoming state board of nursing for purposes ofobtaining background information on applicants for licensure or certificationunder the board;
(ix) Court supervised treatment program staff solely for thepurposes of utilizing the information pursuant to the Court SupervisedTreatment Programs Act in title 7, chapter 13, article 6;
(x) The Wyoming animal euthanasia technicians board forpurposes of obtaining background information on applicants for certification bythe board;
(xi) The secretary of state, through the electronic voterregistration system, for confirmation of the existence or nonexistence offelony conviction records of registered voters and of individuals seeking toregister to vote. If the criminal history record information indicates that thesubject's voting rights have been restored, that information shall also beprovided. Notwithstanding subsection (c) of this section and W.S. 7-19-108, thesubject's fingerprints shall not be required and no fee shall be charged. Thenecessary identifying information shall be provided to the division and thedisclosures made in accordance with the terms agreed upon by the secretary ofstate and the attorney general;
(xii) The board of examiners for optometry for purposes ofobtaining background information on applicants for licensure or certificationby the board;
(xiii) Any public fire department, ambulance service, countiesproviding fire protection services pursuant to W.S. 18-3-509, regionalemergency response team or fire protection district, using paid employees orvolunteers on a full-time or part-time basis, for purposes of obtainingcriminal history record information on prospective employees;
(xiv) The office of homeland security for purposes of obtainingbackground information on prospective homeland security workers and regionalemergency response team participants;
(xv) The military department for purposes of obtaining criminalhistory record information on prospective employees or volunteers;
(xvi) The department of transportation for purposes of dealer andwholesaler licensing and permitting under title 31, chapter 16 and for purposesof performing background checks required by W.S. 31-7-103(b);
(xvii) The department of audit;
(xviii) The certified real estate appraiser board for purposes ofpermitting under title 33, chapter 39;
(xix) The state auditor;
(xx) The Wyoming retirement system;
(xxi) The board of physical therapy for purposes of obtainingbackground information on applicants for licensure or certification by theboard;
(xxii) The state banking commissioner for purposes of licensingand registration pursuant to W.S. 40-14-642, 40-23-103 and 40-23-125;
(xxiii) The board of medicine for purposes of obtaining backgroundinformation on applicants for licensure or certification by the board whoseapplication or other information received by the board indicates the applicanthas or may have been convicted of a crime, and for purposes of investigation ofcomplaints and disciplinary action against licensees of the board;
(xxiv) The board of midwifery for purposes of obtaining backgroundinformation on applicants for licensure by the board whose application or otherinformation received by the board indicates the applicant has or may have beenconvicted of a crime, and for purposes of investigation of complaints anddisciplinary action against licensees of the board.
(b) Notwithstanding subsection (a) of this section, thedivision may disseminate criminal history record information to centralrepositories of other states and to the Federal Bureau of Investigation inaccordance with rules and regulations promulgated by the division governingparticipation in an interstate system for the exchange of criminal historyrecord information, and upon assurance that the information will be used onlyfor purposes that are lawful under the laws of the other states involved or thelaws applicable to the Federal Bureau of Investigation.
(c) All applications or requests to the division for criminalhistory record information submitted by the record subject or any other personexcept a criminal justice agency or the department of family services, shall beaccompanied by the record subject's fingerprints in addition to any otherinformation required by the division.
(d) No criminal justice agency or individual employed by theagency shall confirm the existence or nonexistence of criminal history recordinformation to any person that would not be eligible to receive theinformation.
(e) Nothing in this act prohibits the dissemination ofconviction data for purposes related to the issuance of visas and the grantingof citizenship.
(f) Each person requesting criminal history record informationfrom the division or a criminal justice agency shall upon request be advised inwriting whether the person is found to be eligible or ineligible for access.
(g) No information shall be disseminated by the division or byany criminal justice agency to any person or agency prior to determination ofeligibility.
(h) Each criminal justice agency holding or receiving criminalhistory record information shall maintain dissemination logs and other recordsrelative to the release of the information in accordance with rules promulgatedby the division.
(j) No criminal history record information released to anauthorized recipient shall be released, used or disseminated by that recipientto any other person for any purpose not included in the original request exceptthat the record subject may make further dissemination in his discretion.
(k) Notwithstanding subsection (a) of this section, thedivision may disseminate criminal history record information concerning arecord subject, or may confirm that no criminal history record informationexists relating to a named individual:
(i) In conjunction with state or national criminal historyrecord information check under W.S. 7-19-201; or
(ii) If application is made for a voluntary record informationcheck, provided:
(A) The applicant submits proof satisfactory to the divisionthat the individual whose record is being checked consents to the release ofthe information to the applicant;
(B) The application is made through a criminal justice agencyin this state authorized to access criminal history record informationmaintained by the division which application shall then be forwarded to thedivision by the criminal justice agency; and
(C) The applicant pays the fees required by W.S. 7-19-108.
(m) Notwithstanding any other provision of this act, theWyoming department of corrections and county jails may release the followinginformation regarding any individual, except juveniles charged with a statusoffense as defined by W.S. 14-6-201(a)(xxiii), who is or has been committed tothe supervision or custody of the department or county jails, unless release ofthe information could compromise the physical safety of the individual:
(i) Name and other identifying information;
(ii) Photograph and physical description;
(iii) Any conviction for which the individual was committed tothe supervision or custody of the department or county jail;
(iv) Sentencing information regarding any conviction for whichthe individual was committed to the supervision or custody of the department orcounty jail;
(v) Projected parole eligibility, release and discharge dates;
(vi) Current location of the individual's supervision orcustody; and
(vii) Date of release from the department's or county jail'ssupervision or custody.
(n) Unless otherwise specifically prohibited by court order, orif disclosure may be withheld under other pertinent law, the Wyoming departmentof corrections may, ten (10) years after the date of death of the recordsubject, release to the public any record created and maintained by thedepartment relating to an individual committed to the supervision or custody ofthe department, except:
(i) Records regarding the victim of the crime;
(ii) Medical, psychological and dental records of the inmate;
(iii) Records relating to the security of any facility in whichthe inmate was housed during his incarceration; and
(iv) Records relating to out of state placement of the inmate.
7-19-107. Central repository; information to be submitted; audits;interstate exchanges.
(a) The division of criminal investigation within the office ofthe attorney general is designated as the central repository for criminalhistory record information.
(b) For the purpose of maintaining complete and accuratecriminal history record information at the central repository, all city, countyand state law enforcement agencies, district courts, courts of limitedjurisdiction, district attorneys, the department of corrections, state juvenilecorrectional institutions and local probation and parole agencies shall submitthe criminal history record information required under this section for whichthey are responsible to the division for filing at the earliest time possiblefollowing the occurrence of the reportable event. Reports shall be submittedon uniform forms approved and provided by the division.
(c) All criminal justice agencies making arrests for offensescovered by this act shall furnish the division with information concerning thecharges and description of all persons arrested and shall furnish theirfingerprints. Each agency shall also notify the division of any decision notto refer an arrest for prosecution. An agency making arrests covered by thissubsection may enter into arrangements with other agencies for the purpose offurnishing required information to the division on its behalf.
(d) All district attorneys shall notify the division of allfinal disposition information in cases covered by this act including chargesnot filed in criminal cases for which the division has a record of an arrest.
(e) All district attorneys and clerks of the district courtsand courts of limited jurisdiction shall furnish the division with informationconcerning final dispositions in criminal cases covered by this act. Theinformation shall include, for each charge:
(i) All judgments of not guilty, discharges and dismissals inthe trial courts;
(ii) All court orders filed in the case which reverse or remanda reported conviction or vacate, modify or annul a sentence or conviction;
(iii) All judgments terminating or revoking a sentence to probation,supervision or conditional discharge and any order relating to resentencingafter the termination or revocation.
(f) After the court pronounces sentence in any case covered bythis act, including an order of probation, parole or suspended sentence, thesheriff shall fingerprint any convicted defendant who has not previously beenfingerprinted for the same case or whose fingerprints for the same case wererejected as unreadable. The sheriff shall submit the fingerprints to thedivision.
(g) The director of the department of corrections, thesuperintendents of the Wyoming boys' school and Wyoming girls' school and thesheriff of each county shall furnish the division with all informationconcerning the receipt, escape, execution, death, release, pardon, parole,commutation of sentence, granting of executive clemency or discharge of anyindividual who has been sentenced to the agency's custody for any offensecovered by this act.
(h) The division shall regularly audit its own records andpractices to ensure the completeness and accuracy of criminal history recordinformation collected, maintained, used or disseminated by it, and to evaluateits procedures and facilities relating to the privacy and security ofinformation. The division shall periodically audit the records and practices ofeach criminal justice agency in this state authorized to access criminalhistory record information maintained by the division.
(j) The division may enter into agreements with criminalrecords central repositories and criminal justice agencies of other states orthe federal government to establish uniform procedures and practices, includingcodes, formats and fee schedules to facilitate the interstate exchange ofcriminal record information.
7-19-108. Fees.
(a) The division may charge the record subject or any otherperson or noncriminal justice agency qualified to receive criminal historyrecord information, a reasonable application fee of not more than fifteen dollars ($15.00) for processing of fingerprints and other information submittedfor a criminal history records check, except:
(i) No fee shall be charged to criminal justice agencies or thedepartment of family services;
(ii) The application fee charged shall be not more than tendollars ($10.00) if:
(A) The applicant is an organization engaged in providingvolunteer services to youth or victims of family violence. Examples of thoseorganizations include big brothers and big sisters and volunteer workers insafe houses for victims of family violence; and
(B) The applicant requests the background investigation beperformed solely to determine the suitability of a prospective volunteer toprovide volunteer services.
(iii) If national criminal history record information isrequested by the submitting party pursuant to W.S. 7-19-201, the applicationshall include any additional fee required by the federal bureau ofinvestigation in accordance with federal P.L. 92-544.
(b) Criminal justice agencies which fingerprint applicants atthe request of noncriminal justice agencies for criminal history recordinformation may charge a reasonable fee of not more than five dollars ($5.00)for fingerprinting. Fees collected under this subsection shall be credited tothe state general fund or to the general fund of the appropriate county ormunicipality.
7-19-109. Inspection; deletion or modification of information.
(a) An individual has the right to inspect all criminal historyrecord information located within this state which refers to him. The recordsubject may apply to the district court for an order to purge, modify orsupplement inaccurate or incomplete information. Notification of each deletion,amendment or supplementary notation shall be promptly disseminated to anyperson or agency which received a copy of the record in question during theprevious twelve (12) month period as well as the person whose record has beenaltered.
(b) Criminal justice agencies may prescribe reasonable hoursand places for inspection of criminal history record information and may imposeadditional restrictions, including fingerprinting, reasonably necessary to bothassure the records' security and to verify the identities of those who seek toinspect the records.
(c) When an application for inspection of criminal historyrecord information is received by a criminal justice agency the agency shalldetermine whether a record pertaining to the applicant is maintained. If arecord is maintained, the agency shall inform the applicant of the existence ofthe record and inform him of the procedure for examining the record. Uponverification of his identity, the applicant or his authorized representativeshall be allowed to examine the record pertaining to him and to receive a truecopy.
ARTICLE 2 - STATE OR NATIONAL CRIMINAL HISTORY RECORDINFORMATION
7-19-201. State or national criminal history record information.
(a) The following persons shall be required to submit tofingerprinting in order to obtain state and national criminal history recordinformation:
(i) Employees of substitute care providers certified by thedepartment of family services pursuant to W.S. 14-4-101 through 14-4-116;
(ii) State institution, department of family services ordepartment of health employees who may have access to minors, to personssuffering mental illness or developmental disabilities or to the elderly;
(iii) Applicants for initial certification by the professionalteaching standards board and employees initially hired by a school district onor after July 1, 1996, who may have access to minors in the course of theiremployment;
(iv) All persons applying for licensure to the Wyoming Board ofExaminers for Optometry on or after July 1, 2005;
(v) Department of health or department of family servicescontractors providing specialized home care or respite care to minors;
(vi) Persons applying for a permit or license under W.S.11-25-104(f);
(vii) Prospective employees or volunteers of a public firedepartment, ambulance service, a county providing fire protection servicespursuant to W.S. 18-3-509 or fire protection district if the department,service, county or district requires prospective employees or volunteers orboth, to submit to fingerprinting in order to obtain state and nationalcriminal history record information as a condition for a position with thedepartment, service, county or district;
(viii) Prospective employees of or volunteers with the Wyomingmilitary department if the department requires prospective employees orvolunteers, or both, to submit to fingerprinting in order to obtain state andnational criminal history record information as a condition for a position withthe department;
(ix) Persons applying for a dealer or Wyoming based manufacturerlicense under W.S. 31-16-103 or a special sales permit under W.S. 31-16-127;
(x) Department of audit employees or applicants for employmentwho have access to confidential financial or accounting records;
(xi) Persons applying for a permit under W.S. 33-39-109;
(xii) State auditor employees or applicants for employment whohave access to confidential financial or accounting records;
(xiii) Persons applying for a new license under W.S. 33-28-106;
(xiv) Wyoming retirement system employees or applicants foremployment who have access to confidential financial information or records;
(xv) All persons applying for licensure or certification to theWyoming board of physical therapy on or after July 1, 2009;
(xvi) Mortgage lenders, mortgage brokers, mortgage loanoriginators and persons identified in W.S. 40-23-107(b)(i), as necessary toperform the background checks required by W.S. 40-14-642(c)(i),40-23-103(a)(viii) and 40-23-125(c)(i);
(xvii) All persons applying for licensure or certification to theWyoming board of medicine on or after July 1, 2009, whose application or otherinformation received by the board indicates that the applicant has or may havebeen convicted of a crime, and any licensee of the board of medicine uponwritten request from the board of medicine as part of an ongoing investigationof or disciplinary action against the licensee;
(xviii) Employees, prospective employees and volunteers of theWyoming department of transportation, as necessary to perform the backgroundchecks required by W.S. 31-7-103(b);
(xix) All persons applying for licensure to the Wyoming board ofmidwifery whose application or other information received by the boardindicates that the applicant has or may have been convicted of a crime, and anylicensee of the board of midwifery upon written request from the board ofmidwifery as part of an ongoing investigation of or disciplinary action againstthe licensee.
(b) Fingerprints taken pursuant to this article shall besubmitted to the Wyoming division of criminal investigation for processing andobtaining state and national criminal history record information and shall beaccompanied by the fee required by W.S. 7-19-108. Upon payment of requiredfees, the division shall process and obtain state and national criminal historyrecord information for the Wyoming state board of nursing and the board ofpharmacy or for an applicant for licensure or certification by either board.
(c) Pursuant to federal P.L. 92-544, the division may submitany applicant fingerprint cards received pursuant to this article to thefederal bureau of investigation for the purpose of obtaining national criminalhistory record information.
(d) The department of administration and information shallpromulgate rules and regulations necessary to carry out this section.
(e) The Wyoming military department, any public firedepartment, ambulance service or regional emergency response team may as acondition of employment or other participation with the entity require allapplicants for employee or volunteer positions with the entity to submit tofingerprinting in order to obtain state and national criminal history recordinformation. In addition, the office of homeland security may as a conditionof participation in a regional emergency response team require all teamparticipants to submit to fingerprinting in order to obtain state and nationalcriminal history record information.
ARTICLE 3 - SEX OFFENDER REGISTRATION
7-19-301. Definitions.
(a) Unless otherwise provided, for the purposes of this act:
(i) Repealed By Laws 2007, Ch. 160, 2.
(ii) Repealed By Laws 2007, Ch. 160, 2.
(iii) "Convicted" includes pleas of guilty, nolocontendere and verdicts of guilty upon which a judgment of conviction may berendered. "Convicted" shall not include dispositions pursuant to W.S.7-13-301;
(iv) "Criminal offense against a minor" means theoffenses specified in this paragraph in which the victim is less than eighteen(18) years of age. "Criminal offense against a minor" includes anoffense committed in another jurisdiction, including a federal court or courtsmartial, which, if committed in this state, would constitute a "criminaloffense against a minor" as defined in this paragraph. "Criminaloffense against a minor" includes:
(A) Kidnapping under W.S. 6-2-201;
(B) Felonious restraint under W.S. 6-2-202;
(C) False imprisonment under W.S. 6-2-203;
(D) Offenses under W.S. 6-4-101 through 6-4-103 in which aminor is the object of the sexual act or proposed sexual act;
(E) Producing obscene material under W.S. 6-4-302 if theoffense involves the use of a minor in a sexual performance;
(F) Soliciting sexual conduct under W.S. 6-2-318;
(G) Sexual exploitation of a child under W.S. 6-4-303;
(H) An attempt to commit an offense described in subparagraphs(A) through (G) of this paragraph.
(v) "Department" means the state department ofcorrections;
(vi) "Division" means the Wyoming division of criminalinvestigation created within the office of the attorney general;
(vii) "Minor" means a person who has not attained theage of eighteen (18) years at the time of the offense;
(viii) "Offender" means a person convicted of a criminaloffense specified in W.S. 7-19-302(g) through (j), or convicted of a criminaloffense from Wyoming or any other jurisdiction containing the same or similarelements, or arising out of the same or similar facts or circumstances, as acriminal offense specified in W.S. 7-19-302(g) through (j);
(ix) "Predatory" means an act directed at a strangeror a person with whom a relationship has been established or promoted for theprimary purpose of victimization;
(x) "Recidivist" means an offender convicted of anoffense requiring registration under this act two (2) or more times. Offenses which would have requiredregistration under this act, but which had a sentencing date prior to January1, 1985, shall be counted as convictions for purposes of this paragraph;
(xi) "Reside" and words of similar import mean thephysical address of each residence of an offender, including:
(A) All real property owned by the offender that is used by theoffender for the purpose of shelter or other activities of daily living;
(B) Any physical address where the offender habitually visits;and
(C) Temporary residences such as hotels, motels, public orprivate housing, camping areas, parks, public buildings, streets, roads,highways, restaurants, libraries or other places the offender may frequent anduse for shelter or other activities of daily living.
(xii) Repealed By Laws 2007, Ch. 160, 2.
(xiii) Repealed By Laws 2007, Ch. 160, 2.
(xiv) Repealed By Laws 2007, Ch. 160, 2.
(xv) "This act" means W.S. 7-19-301 through 7-19-307;
(xvi) "Attending school" means enrollment on a full orpart-time basis at any institution;
(xvii) "Employed" means any full or part-timeemployment, with or without compensation or other benefit, for a period of morethan fourteen (14) days, or for an aggregate period exceeding thirty (30) daysin any one (1) calendar year. Institutional contractors and contract employeesperforming work on an educational institution campus shall be consideredinstitution employees;
(xviii) "Educational institution" or"institution" means any type of public or private educationalfacility or program, including elementary, middle and high schools, parochial,church and religious schools as defined by W.S. 21-4-101(a)(iv), trade andprofessional schools, colleges and universities;
(xix) "Residence" means a dwelling place with anestablished physical address or identifiable physical location intended forhuman habitation;
(xx) "Report" means providing information in person,or by any other means authorized by the sheriff if the person is required toreport to the sheriff;
(xxi) "Working days" shall not include Saturdays,Sundays and legal holidays.
7-19-302. Registration of offenders; procedure; verification.
(a) Any offender residing in this state or entering this statefor the purpose of residing, attending school or being employed in this stateshall register with the sheriff of the county in which he resides, attendsschool or is employed, or other relevant entity specified in subsection (c) ofthis section. The offender shall be photographed, fingerprinted and palmprintedby the registering entity or another law enforcement agency and shall providethe following additional information when registering:
(i) Name, including any aliases ever used;
(ii) Address;
(iii) Date and place of birth;
(iv) Social security number;
(v) Place of employment;
(vi) Date and place of conviction;
(vii) Crime for which convicted;
(viii) The name and location of each educational institution inthis state at which the person is employed or attending school;
(ix) The license plate number and a description of any vehicleowned or operated by the offender;
(x) A DNA sample. As used in this paragraph, "DNA"means as defined in W.S. 7-19-401(a)(vi); and
(xi) The age of each victim.
(b) In addition to the requirements of subsection (a) of thissection, the department, for offenders sentenced to imprisonment, and thesheriff of the county where judgment and sentence is entered for all otheroffenders, shall obtain the name of the offender, identifying features,anticipated future residence, offense history and documentation of any treatmentreceived, including prescribed psychotropic medication history, for anypsychiatric condition of the offender. This information shall be transmitted tothe division within three (3) working days of receipt for entry into thecentral registration system. A person found to be an offender by a court inanother state shall provide information required under this subsection at thetime of registration under this act.
(c) Offenders required to register under this act shallregister with the entities specified in this subsection and within thefollowing time periods:
(i) Offenders who, on or after July 1, 1999, are in custody ofthe department, local jail or a public or private agency pursuant to a courtorder, as a result of an offense subjecting them to registration, who aresentenced on or after January 1, 1985, shall register prior to release fromcustody. The agency with custody of the offender immediately prior to releaseshall register the offender and perform the duties specified in W.S. 7-19-305. If the offender refuses to register or refuses to provide the requiredinformation, the agency shall so notify local law enforcement before releasingthe offender;
(ii) Offenders who are convicted of an offense subjecting themto registration under this act but who are not sentenced to a term ofconfinement shall register immediately after the imposition of the sentence.The sheriff of the county where the judgment and sentence is entered shallregister the offender and perform the related duties specified in W.S. 7-19-305unless the offender does not reside in the county where the judgment andsentence is entered, in which case he shall register in the county in which heresides within three (3) working days;
(iii) Offenders convicted of an offense subjecting them toregistration, who are sentenced on or after January 1, 1985, who reside in orenter this state for the purposes of residing and who are under thejurisdiction of the department or state board of parole or other public agencyas a result of that offense shall register within three (3) working days ofentering this state or on or before August 1, 1999, if a current resident. TheWyoming agency that has jurisdiction over the offender shall notify theoffender of the registration requirements before the offender moves to thisstate and shall register the offender and perform the related duties specifiedin W.S. 7-19-305;
(iv) Offenders convicted of an offense subjecting them toregistration, who are sentenced on or after January 1, 1985, who reside in orenter this state and who are not under the jurisdiction or custody of thedepartment, board of parole or other public agency as a result of that offenseshall register on or before August 1, 1999, if a current resident, or withinthree (3) working days of entering this state if not a current resident.
(d) A nonresident who is employed or attends school in thisstate shall register with the county sheriff of the county in which he isemployed or attends school. A resident or nonresident who is employed, residesor attends school in more than one (1) location in this state, shall registerwith the county sheriff of each county in which he is employed, resides orattends school. The registration information accepted under this subsectionshall be subject to the provisions of W.S. 7-19-303.
(e) If any person required to register under this act changeshis residence address within the same county, he shall provide notice of thechange of address in person to the sheriff of the county in which he resideswithin three (3) working days of establishing the new residence. If any personrequired to register under this act moves to a new county in this state, heshall notify in person the county sheriff in the new county and the countysheriff of the county of his previous residence within three (3) working daysof establishing the new residence. If the person changes residence to anotherstate and that state has a registration requirement, the division shall, withinthree (3) working days of receipt of the information, notify the lawenforcement agency with which the person must register in the new state. Anyperson who has not established a new residence within three (3) working days ofleaving his previous residence, or becomes transient through lack of residence,shall report on a weekly basis to the sheriff in the county in which he isregistered, until he establishes another residence. The information providedto a sheriff under this subsection shall be transmitted by the sheriff to thedivision within three (3) working days of receipt for entry into the centralregistry. The division shall notify the victim, or if the victim is a minorthe victim's parent or guardian, within the same time period if the victim, ora minor victim's parent or guardian, has requested in writing that the divisionprovide notification of a change of address of the offender and has providedthe division a current address of the victim, parent or guardian as applicable.
(f) An offender who changes residence to another state shallregister the new address with the law enforcement agency with whom he lastregistered and shall also register with the designated law enforcement agencyin the new state not later than three (3) working days after establishingresidence in the new state.
(g) For an offender convicted of a violation of W.S. 6-2-202 ifthe victim was a minor and the offender is not the victim's parent or guardian,W.S. 6-2-203 if the victim was a minor and the offender is not the victim'sparent or guardian, W.S. 6-2-315(a)(iv), 6-2-316(a)(iii) and (iv),6-2-317(a)(i), 6-4-303(b)(iv) or W.S. 6-4-304(b) if the victim was a minor, oran attempt or conspiracy to commit any of the offenses specified in thissubsection, the division shall annually verify the accuracy of the offender'sregistered address, and the offender shall annually report, in person, hiscurrent address to the sheriff in the county in which the offender resides,during the period in which he is required to register. During the annualin-person verification, the sheriff shall photograph the offender. Confirmation of the in-person verification required under this subsection,along with the photograph of the offender, shall be transmitted by the sheriffto the division within three (3) working days. Any person under thissubsection who has not established a residence or is transient, and who isreporting to the sheriff as required under subsection (e) of this section,shall be deemed in compliance with the address verification requirements ofthis section.
(h) For an offender convicted of a violation of W.S.6-2-304(a)(iii) if the victim was at least fourteen (14) years of age, W.S.6-2-314(a)(ii) and (iii), 6-2-315(a)(iii), 6-2-316(a)(i), 6-2-317(a)(ii) or6-2-318, W.S. 6-4-102 if the person solicited was a minor, W.S. 6-4-103 if theperson enticed or compelled was a minor, W.S. 6-4-302(a)(i) if the offenseinvolves the use of a minor in a sexual performance or W.S. 6-4-303(b)(i)through (iii), an attempt or conspiracy to commit any of the offenses specifiedin this subsection, or any felony enumerated in this section if the offenderwas previously convicted of a felony under subsection (g) of this section, thedivision shall verify the accuracy of the offender's registered address, andthe offender shall report, in person, his current address to the sheriff in thecounty in which the offender resides, every six (6) months after the date ofthe initial release or commencement of parole. If the offender's appearancehas changed substantially, and in any case at least annually, the sheriff shallphotograph the offender. Confirmation of the in-person verification requiredby this subsection, and any new photographs of the offender, shall betransmitted by the sheriff to the division within three (3) working days. Anyperson under this subsection who has not established a residence or istransient, and who is reporting to the sheriff as required under subsection (e)of this section, shall be deemed in compliance with the address verificationrequirements of this section.
(j) For an offender convicted of a violation of W.S. 6-2-201 ifthe victim was a minor, W.S. 6-2-302 or 6-2-303, W.S. 6-2-304(a)(iii) if thevictim was under fourteen (14) years of age, W.S. 6-2-314(a)(i), 6-2-315(a)(i)and (ii), 6-2-316(a)(ii), 6-4-402, an attempt or conspiracy to commit any ofthe offenses specified in this subsection, or any felony enumerated in thissection if the offender was previously convicted of a felony under subsection(h) of this section, the division shall verify the accuracy of the offender'sregistered address, and the offender shall report, in person, his currentaddress to the sheriff in the county in which the offender resides every three(3) months after the date of the initial release or commencement of parole. Ifthe offender's appearance has changed substantially, and in any case at leastannually, the sheriff shall photograph the offender. Confirmation of thein-person verification required by this subsection, and any new photographs ofthe offender, shall be transmitted by the sheriff to the division within three(3) working days. Any person under this subsection who has not established aresidence or is transient, and who is reporting to the sheriff as requiredunder subsection (e) of this section, shall be deemed in compliance with theaddress verification requirements of this section.
(k) Any person required to register under this act shallprovide information in person to the sheriff of the county in which he isregistered and to any other relevant registering entity specified in subsection(c) of this section regarding each change in employment or enrollment status atany educational institution in this state, including any of the informationcollected pursuant to subsection (a) of this section within three (3) workingdays of the change to the entity with whom the offender last registered. Thisinformation shall be forwarded immediately from the registering entity to thedivision on a form prescribed by the division, and the division shall thenenter the information into the central registry and forward the information tothe campus police department or other law enforcement agency with jurisdictionover the educational institution.
(m) Any person required to register under this act shall provideinformation in person to the sheriff of the county in which he is registeredand to any other relevant registering entity specified in subsection (c) ofthis section regarding each change of employment and shall disclose all placesof employment if there is more than one (1), including any loss of employment,within three (3) working days of the change to the entity with whom theoffender last registered. The information shall be forwarded within three (3)working days from the registering entity to the division and the division shallthen enter the information into the central registry.
(n) Any person required to register under this act shallprovide any new or updated information in person to the sheriff of the countyin which he is registered and to any other relevant registering entityspecified in subsection (c) of this section regarding any changes,modifications or other information necessary to keep current any of theinformation specified in this section and W.S. 7-19-303, within three (3) workingdays of the change to the entity with whom the offender last registered. Theinformation shall be forwarded within three (3) working days from theregistering entity to the division and the division shall then enter theinformation into the central registry.
(o) If the division lacks sufficient information ordocumentation to identify the offender's crime for which convicted orequivalent Wyoming offense, it shall register the offender as if he wereconvicted of an offense listed in subsection (j) of this section. If thedivision receives additional verifiable information or documentation thatdemonstrates that the offender was not convicted of an offense specified undersubsection (j) of this section or an offense from any other jurisdiction containingthe same or similar elements or arising out of the same or similar facts orcircumstances, it shall modify the offender's status.
7-19-303. Offenders central registry; dissemination of information.
(a) An entity registering an offender shall forward theinformation and fingerprints obtained pursuant to W.S. 7-19-302 to the divisionwithin three (3) working days. The division shall maintain a central registryof offenders required to register under W.S. 7-19-302 and shall adopt rulesnecessary to carry out the purposes of W.S. 7-19-302. The division shallimmediately enter information received pursuant to this act into the centralregistry and shall immediately transmit the conviction data, palmprints andfingerprints to the federal bureau of investigation and national sex offenderregistry.
(b) The information collected under this act shall beconfidential, except for that information collected in accordance withparagraph (c)(iii) of this section which information shall be a matter ofpublic record.
(i) Repealed By Laws 2007, Ch. 160, 2.
(ii) Repealed By Laws 2007, Ch. 160, 2.
(c) The division shall provide notification of registrationunder this act, including all registration information, to the districtattorney of the county where the registered offender is residing at the time ofregistration or to which the offender moves. In addition, the following shallapply:
(i) Repealed By Laws 2007, Ch. 160, 2.
(ii) If the offender was convicted of an offense specified inW.S. 7-19-302(h) or (j), notification shall be provided by mail, personally orby any other means reasonably calculated to ensure delivery of the notice toresidential neighbors within at least seven hundred fifty (750) feet of theoffender's residence, organizations in the community, including schools,religious and youth organizations by the sheriff or his designee. In addition,notification regarding an offender employed by or attending school at anyeducational institution shall be provided upon request by the educationalinstitution to a member of the institution's campus community as defined bysubsection (h) of this section;
(iii) Notification of registration under this act shall beprovided to the public through a public registry, as well as to the persons andentities required by paragraph (ii) of this subsection. The division shall makethe public registry available to the public through electronic internettechnology and shall include:
(A) The offender's name, including any aliases;
(B) Physical address;
(C) Date and place of birth;
(D) Date and place of conviction;
(E) Crime for which convicted;
(F) Photograph;
(G) Physical characteristics including race, sex, height,weight, eye and hair color;
(H) History of all criminal convictions subjecting an offenderto the registration requirements of this act; and
(J) The license plate number and a description of any vehicleowned or operated by the offender.
(iv) The division shall adopt rules necessary to provide for themaintenance and dissemination of the information contained in the centralregistry of offenders.
(d) Repealed By Laws 2007, Ch. 160, 2.
(e) Repealed By Laws 2007, Ch. 160, 2.
(f) The identity of the victim of an offense that requiresregistration under this act shall not be released to the public unless thevictim has authorized the release of the information, provided:
(i) Nothing in this subsection shall bar the disclosure ofinformation concerning the characteristics of the victim and the nature andcircumstances of the offense so long as the victim is not identified;
(ii) Nothing in this subsection shall bar the disclosure ofvictim identity information contained as part of the criminal history recordinformation disclosed to persons authorized to receive such information underW.S. 7-19-106; and
(iii) This subsection does not apply to victim identityinformation contained in public records which exist independently of this act.
(g) Any person who, by virtue of employment or officialposition has possession of, or access to, registration information furnishedpursuant to this act or victim identifying information, and willfully disclosesit in any manner to any person or agency not entitled to receive theinformation is guilty of a misdemeanor punishable by imprisonment for not morethan six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both.
(h) An educational institution in this state shall instructmembers of its campus community, by direct advisement, publication or othermeans, that a member can obtain information regarding offenders employed by orattending school at the institution by contacting the campus police departmentor other law enforcement agency with jurisdiction over the institution. Forthe purposes of this subsection, "member of the campus community"means a person employed by or attending school at the educational institutionat which the offender is employed or attending school, or a person's parent orguardian if the person is a minor.
(j) The attorney general shall maintain a public record of thenumber of registered offenders in each county.
(k) The legislature directs the division to facilitate accessto the information on the public registry available through electronic internettechnology without the need to consider or assess the specific risk ofreoffense with respect to any individual prior to his inclusion within theregistry, and the division shall place a disclaimer on the division's internetwebsite indicating that:
(i) No determination has been made that any individual includedin the registry is currently dangerous;
(ii) Individuals included within the registry are includedsolely by virtue of their conviction record and state law; and
(iii) The main purpose of providing the information on theinternet is to make the information more easily available and accessible, notto warn about any specific individual.
7-19-304. Termination of duty to register.
(a) The duty to register under W.S. 7-19-302 shall begin on thedate of sentencing and continue for the duration of the offender's life,subject to the following:
(i) For an offender specified in W.S. 7-19-302(g), the duty toregister shall end fifteen (15) years after the offender was released fromprison, placed on parole, supervised release or probation, provided theregistration period shall be tolled for subsequent periods of confinement. Theoffender may petition the district court for the district in the which theoffender is registered to reduce the period of registration under thisparagraph by five (5) years if the offender maintains a clean record asprovided in subsection (d) of this section;
(ii) An offender specified in W.S. 7-19-302(h) who has beenregistered for at least twenty-five (25) years, exclusive of periods of confinement,may petition the district court for the district in which the offender isregistered to be relieved of the duty to continue to register. Upon a showingthat the offender has had no further felony or misdemeanor convictions duringthe period of registration, the district court may order the offender relievedof the duty to continue registration; and
(A) Repealed By Laws 1999, ch. 203, 3.
(B) Repealed By Laws 1999, ch. 203, 3.
(iii) A petition filed under this subsection shall be served onthe prosecuting attorney for the county in which the petition is filed. Thecourt shall not grant a petition that was not served on the prosecutingattorney. The prosecuting attorney may file a responsive pleading withinthirty (30) days after service of the petition.
(b) Repealed By Laws 1999, ch. 203, 3.
(c) Nothing in W.S. 7-13-302 shall be construed as operating torelieve the offender of his duty to register pursuant to W.S. 7-19-302.
(d) A registration period under subsection (a) of this sectionmay be reduced if, after the duty to register arises, the offender specified inW.S. 7-19-302(g) maintains a clean record for ten (10) years by:
(i) Having no conviction of any offense for which imprisonmentfor more than one (1) year may be imposed;
(ii) Having no conviction of any sex offense;
(iii) Successfully completing any periods of supervised release,probation and parole; and
(iv) Successfully completing any sex offender treatmentpreviously ordered by the trial court or by his probation or parole agent.
7-19-305. Registration; duties of registering entities; notice topersons required to register.
(a) The entity required to register an offender under W.S.7-19-302(c) shall provide written notification to the offender of the requirementsof this act and shall receive and retain a signed acknowledgment of receipt.The entity shall forward all registration information to the division withinthree (3) working days after registering the offender. When registering anoffender the registering entity shall:
(i) Obtain the information required for the registration byW.S. 7-19-302;