Chapter 3 - Fugitives And Prevention Of Crime
CHAPTER 3 - FUGITIVES AND PREVENTION OF CRIME
ARTICLE 1 - INTERSTATE COMPACTS
7-3-101. Legislative findings.
(a) The legislature finds and declares:
(i) The congress of the United States, pursuant to theprovisions of section 10 of article I of the constitution of the United States,has granted its consent, by that certain act of June 6, 1934 (Public Law No.293, H.R. 7353), as amended, that any two (2) or more states may enter intoagreements or compacts for cooperative effort and mutual assistance in theprevention of crime and in the enforcement of their respective criminal lawsand policies, and for the establishment of any agencies, joint or otherwise, asthey may deem desirable, for making effective the agreements or compacts;
(ii) There is a practical need and utility for these agreementsor compacts, between or among the state of Wyoming and any other states of theUnited States, and particularly between or among the state of Wyoming and thosestates adjoining the state of Wyoming.
7-3-102. Appointment of attorney general to represent state on jointcommissions.
The governor shall appoint the attorneygeneral as the commissioner who shall represent Wyoming upon any jointcommission created by Wyoming and any one (1) or more states for the purposeof negotiating and entering into agreements or compacts for cooperative effortand mutual assistance in the prevention of crime and in the enforcement of therespective criminal laws and policies of Wyoming and any other state and forthe establishment of agencies deemed desirable for making effective anyagreement or compact.
7-3-103. Purpose and objects; required ratification.
(a) Any agreement or compact entered into under W.S. 7-3-101through 7-3-107 shall be designed to suppress crime, to circumvent theactivities of criminals and to expedite their apprehension and trial, and toenforce generally the respective criminal laws and policies of Wyoming and anyother state entering into the agreement or compact. In order to effectuatethose purposes, an agreement or compact may contain specific provisions for theaccomplishment of any of the following objects:
(i) The arrest of any person who has fled from any one (1) ofthe compacting states into another, by any pursuing officer of the compactingstate from which the person fled;
(ii) The return of any witness deemed essential in theprosecution of any criminal case who has gone or fled into any other compactingstate from the compacting state in which his presence is required;
(iii) The establishment and maintenance by any two (2) or morecompacting states of facilities for the investigation of crime and thediscovery of criminals, including crime detection agencies, bureaus ofregistration and identification, crime laboratories and similar agencies;
(iv) The proper supervision of any person who, having beenparoled or granted probation in one (1) of the compacting states, has become aresident of any other compacting state;
(v) The written agreement of one (1) or more law enforcementagencies of this state to enter into mutual aid agreements with one (1) or morelaw enforcement agencies of this state or an adjoining state or the UnitedStates as authorized by W.S. 7-3-903(a).
(b) Any agreement or compact entered into pursuant to thissection shall conform with the purposes for which the consent of the congresshas been granted. Any agreement or compact entered into on behalf of Wyomingand any one (1) or more states shall not be binding upon any of the states, orupon their respective citizens, until the agreement or compact has beenratified and approved by the respective legislatures of the several statesentering into the agreement or compact.
7-3-104. Legal, clerical and stenographic assistance.
When the commissioner of Wyoming is calledto enter upon the performance of his duties, as provided under W.S. 7-3-101through 7-3-107, he shall be furnished legal, clerical and stenographicassistance as the governor and he deem advisable and necessary.
7-3-105. Commencement of commissioner's duties.
The commissioner for Wyoming shall notcommence the performance of his duties, or be authorized to incur any expensesfor traveling, or for legal, clerical or stenographic assistance, until thegovernor of Wyoming is notified by the governor of another state that he hasappointed a commissioner to serve upon a joint commission for the purpose ofnegotiating and entering into any agreement or compact authorized to be made onbehalf of Wyoming under W.S. 7-3-101 through 7-3-107.
7-3-106. Investigations.
The commissioner for Wyoming has fullauthority to make any investigations of conditions in Wyoming or in any otherstate which may be necessary in negotiating any agreement or compactauthorized by W.S. 7-3-101 through 7-3-107.
7-3-107. Compensation of commissioner.
The commissioner for Wyoming shall receiveno compensation for his services as such, but he and his assistants shall beentitled to receive their traveling and other necessary expenses incurred inthe performance of their duties.
ARTICLE 2 - EXTRADITION
7-3-201. Definitions.
(a) As used in this act:
(i) "Executive authority" includes the governor, andany person performing the functions of governor in a state other than thisstate;
(ii) "Governor" includes any person performing thefunctions of governor by authority of the law of this state;
(iii) "State", referring to a state other than thisstate, includes any other organized or unorganized state or territory of theUnited States of America;
(iv) "This act" means W.S. 7-3-201 through 7-3-227.
7-3-202. Duty of governor to have fugitives arrested and delivered upto proper authorities.
Subject to the qualifications of this act,and the applicable provisions of the United States constitution and acts ofcongress, the governor of this state shall have arrested and delivered up tothe executive authority of any other state of the United States any personcharged in that state with treason, felony, or other crime, who has fled fromjustice and is found in this state.
7-3-203. General requirements as to demand by another state.
No demand for the extradition of a personcharged with crime in another state shall be recognized by the governor unlessin writing and accompanied by a copy of an indictment found or by aninformation supported by affidavit in the state having jurisdiction of thecrime, or by a copy of an affidavit made before a magistrate there, togetherwith a copy of any warrant which was issued thereon. The indictment,information, or affidavit made before the magistrate shall substantially chargethe person demanded with having committed a crime under the law of that stateand the copy shall be authenticated by the executive authority making thedemand, which shall be prima facie evidence of its truth.
7-3-204. Investigation of demand.
When a demand shall be made upon thegovernor of this state by the executive authority of another state for asurrender of a person charged with crime, the governor may call upon theattorney general or any district attorney in this state to investigate orassist in investigating the demand, and to report to him the situation andcircumstances of the person so demanded, and whether he should be surrendered.
7-3-205. Contents of demand.
(a) A warrant of extradition shall not be issued unless thedocuments presented by the executive authority making the demand show that theaccused:
(i) Except in cases arising under W.S. 7-3-206, was present inthe demanding state at the time of the commission of the alleged crime, andthereafter fled from the state;
(ii) Is now in this state; and
(iii) Is lawfully charged by indictment found or by informationfiled by a prosecuting officer and supported by affidavit to the facts, or byaffidavit made before a magistrate in that state, with having committed a crimeunder the laws of that state, or that he has been convicted of a crime in thatstate and has escaped from confinement or broken his parole.
7-3-206. Surrender of accused when not present in demanding state attime of crime.
The governor of this state may alsosurrender, on demand of the executive authority of any other state, any personin this state charged in that other state in the manner provided in W.S.7-3-205, with committing an act in this state, or in a third state,intentionally resulting in a crime in that state whose executive authority ismaking the demand. The provisions of this act not otherwise inconsistent shallapply to this situation notwithstanding the accused was not in that state atthe time of the commission of the crime and has not fled therefrom.
7-3-207. Issuance of governor's warrant for arrest; contents.
If the governor decides that the demandshould be complied with, he shall sign a warrant of arrest, sealed with thestate seal, and directed to a sheriff, marshal, coroner or other person entrusted to execute it. The warrant shall substantially recite the factsnecessary to the validity of its issuance.
7-3-208. Effect of warrant.
(a) The warrant shall:
(i) Authorize the officer or other person to whom directed toarrest the accused at any place where he may be found within the state and todeliver him to the duly authorized agent of the demanding state; and
(ii) Command the aid of all sheriffs and other peace officers inthe execution of the warrant.
7-3-209. Authority of person making arrest to command assistance.
Every officer or other person authorized bythe governor to make the arrest has the same authority in arresting the accusedto command assistance as sheriffs and other officers have in the execution ofany criminal process directed to them, with the like penalties against thosewho refuse their assistance.
7-3-210. Right of accused to counsel; opportunity to apply for writof habeas corpus; notice of writ and hearing.
No person arrested pursuant to W.S. 7-3-208shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of thedemand made for his surrender and of the crime with which he is charged, andthat he has the right to demand legal counsel. If the prisoner, his friends, orcounsel shall state that he or they desire to test the legality of the arrest,the prisoner shall be taken forthwith before a judge of a court of record inthis state, who shall fix a reasonable time to be allowed him within which toapply for a writ of habeas corpus. When the writ is applied for, noticethereof, and of the time and place of hearing thereon, shall be given to theprosecuting officer of the county in which the arrest is made and in which theaccused is in custody, and to the appointed agent of the demanding state.
7-3-211. Penalty for surrendering accused without hearing.
Any officer who delivers to the agent forextradition of the demanding state a person in his custody under the governor'swarrant in violation of W.S. 7-3-210 is guilty of a misdemeanor, and onconviction shall be fined not more than one thousand dollars ($1,000.00), or beimprisoned not more than six (6) months, or both.
7-3-212. Confinement in jail for safekeeping; expenses.
The officer or person executing the governor'swarrant of arrest, or the agent of the demanding state to whom the prisoner mayhave been delivered, may, when necessary, confine the prisoner in the jail ofany county or city en route to his destination. The keeper of the jail shallreceive and safely keep the prisoner until the person having charge of him isready to proceed on his route. The person having charge of the prisoner ischargeable with the expense of keeping him in jail.
7-3-213. Issuance of warrant for arrest by judge or magistrate.
(a) The judge or magistrate shall issue a warrant for arrestwhen:
(i) Any person within this state is charged on the oath of anycredible person before the judge or other magistrate of this state with thecommission of a crime in any other state, and except in cases arising underW.S. 7-3-206, with having fled from justice; or
(ii) A complaint has been made before any judge or othermagistrate in this state setting forth on the affidavit of any credible personin another state that a crime has been committed in that other state and thatthe accused has been charged in that state with the commission of the crime,and, except in cases arising under W.S. 7-3-206, has fled therefrom and isbelieved to have been found in this state.
(b) The warrant to the sheriff of the county in which the oathor complaint is filed shall direct him to apprehend the person charged,wherever he may be found in this state, and bring him before the judge ormagistrate or any other judge, court, or magistrate who may be convenient tothe place where the arrest may be made, to answer the charge or complaint andaffidavit. A certified copy of the sworn charge or complaint and affidavit uponwhich the warrant is issued shall be attached to the warrant.
7-3-214. Authority to arrest person without warrant.
The arrest of a person may be lawfully madeby an officer or a private citizen without a warrant upon reasonableinformation that the accused is charged in the courts of another state with acrime punishable by death or imprisonment for a term exceeding one (1) year.When arrested under this section the accused shall be taken before a judge ormagistrate as soon as possible and complaint shall be made against him underoath setting forth the ground for the arrest as in W.S. 7-3-213. Thereafter hisanswer shall be heard as if he had been arrested on a warrant.
7-3-215. Examination of person arrested without warrant; commitmentpending demand.
If from the examination before the judge ormagistrate it appears that the person held is the person charged with havingcommitted the crime alleged and that he probably committed the crime, and,except in cases arising under W.S. 7-3-206, that he has fled from justice, thejudge or magistrate shall commit him to jail by a warrant reciting theaccusation and specifying the time as will enable the arrest of the accused tobe made under a warrant of the governor on a requisition of the executiveauthority of the state having jurisdiction of the offense, unless the accusedgive bail as provided in W.S. 7-3-216, or until he shall be legally discharged.
7-3-216. Right of person arrested without warrant to bail.
Unless the offense with which the prisoneris charged is shown to be an offense punishable by death or life imprisonment underthe laws of the state in which it was committed, the judge or magistrate shalladmit the arrested person to bail by bond or undertaking, with sufficientsureties, and in such sum as he deems proper. The bail or bond shall beconditioned for the appearance of the arrested person before the judge ormagistrate at a time specified in the bond or undertaking, and for hissurrender, to be arrested upon the warrant of the governor of this state.
7-3-217. Failure of state to demand person arrested without warrantwithin time specified.
If the accused is not arrested underwarrant of the governor by the expiration of the time specified in the warrant,bond, or undertaking, the judge or magistrate may discharge him or may recommithim to a further day, or may again take bail for his appearance and surrender,as provided in W.S. 7-3-216. At the expiration of the second period ofcommitment, or if he has been bailed and appeared according to the terms of hisbond or undertaking, the judge or magistrate may either discharge him, or mayrequire him to enter into a new bond or undertaking, to appear and surrenderhimself at another day.
7-3-218. Failure of prisoner admitted to bail to appear.
If the prisoner is admitted to bail, andfails to appear and surrender himself according to the condition of his bond,the court shall order the bond forfeited. Recovery may be had on the bond inthe name of the state as in the case of other bonds or undertakings given bythe accused in criminal proceedings within this state.
7-3-219. Procedure where criminal prosecution pending against accusedin state.
If a criminal prosecution has beeninstituted against the person under the laws of this state and is stillpending, the governor at his discretion either may surrender him on the demandof the executive authority of another state, or may hold him until he has beentried and discharged, or convicted and punished in this state.
7-3-220. Inquiry into guilt or innocence of accused.
The guilt or innocence of the accused as tothe crime of which he is charged may not be inquired into by the governor or inany proceeding after the demand for extradition as provided by W.S. 7-3-203shall have been presented to the governor, except as it may be involved inidentifying the person held as the person charged with the crime.
7-3-221. Recall of, or issuance of new, warrant.
The governor may recall his warrant ofarrest, or may issue another warrant whenever he deems proper.
7-3-222. Demand that accused be returned to this state; issuance ofwarrant.
(a) Upon receipt of an application as provided by W.S. 7-3-223,the governor of this state may demand a person charged with crime in thisstate, or with violation of parole, from the chief executive of any otherstate, or from the chief justice or an associate justice of the supreme courtof the District of Columbia authorized to receive such demand under the laws ofthe United States.
(b) The governor shall issue a warrant under the seal of thisstate, to some agent, commending him to receive the person so charged ifdelivered to him and convey him to the proper officer of the county in thisstate in which the offense was committed.
7-3-223. Application for return of accused to this state.
(a) When the return to this state of a person charged withcrime in this state is required, the district attorney for the county in whichthe offense is committed shall present to the governor a written applicationfor a requisition for the return of the person charged. The application shallstate:
(i) The name of the person charged;
(ii) The crime charged against him;
(iii) The approximate time, place and circumstances of thecommission of the crime; and
(iv) The state and address or location where the accused isbelieved to be at the time the application is made.
(b) As part of the application under subsection (a) of thissection the district attorney shall certify that in his opinion justicerequires the arrest and return of the accused to this state for trial, and thatthe proceeding is not instituted to enforce a private claim.
(c) The application under subsection (a) of this section shallbe verified by affidavit and shall be executed in duplicate. It shall beaccompanied by two (2) certified copies of the indictment returned, orinformation filed, or of the complaint and affidavit made to the magistrate,stating the offense with which the accused is charged. The district attorneymay also attach further affidavits and other documents in duplicate as he deemsproper to be submitted with the application. One (1) copy of the applicationwith the action of the governor indicated by his endorsement, and one (1) ofthe certified copies of the indictment, information or complaint and affidavit,shall be filed in the office of the secretary of state to remain of record inthat office. The other copy of all papers shall be forwarded with thegovernor's requisition.
(d) When the return to this state of a person charged withviolating the conditions of his parole is required, the chairman of the boardof parole shall present to the governor a written application for a requisitionfor the return of the person charged with parole violation. The applicationshall state:
(i) The name of the parolee;
(ii) The parole violation charged against him;
(iii) The approximate time, place and circumstances of thecommission of the violation; and
(iv) The state and address where the parolee is believed to beat the time the application is made.
(e) As part of the application under subsection (d) of thissection the chairman of the board of parole shall certify that in his opinionjustice requires the arrest and return of the parolee to this state for hearingbefore the board of parole and that the proceeding is not instituted to enforcea private claim.
(f) The application under subsection (d) of this section shallbe verified by affidavit, shall be executed in duplicate and shall beaccompanied by two (2) certified copies of the judgment and sentence, parolegrant, parole agreement, recommendation for revocation of parole and order ofarrest issued by the board of parole. The chairman of the board of parole mayalso attach further affidavits and other documents in duplicate as he deemsproper to be submitted with the application. One (1) copy of the applicationwith the action of the governor indicated by his endorsement, and one (1) ofthe certified copies required by this subsection, shall be filed in the officeof the secretary of state to remain of record in that office. The other copyof all papers shall be forwarded with the governor's requisition.
7-3-224. Payment of expenses for return of accused to this state.
(a) The state shall pay the expenses involved in the return tothis state of a person charged with violating the terms of his parole or whohas escaped from a state penal institution or who has escaped from acorrections program provided for inmates of a state penal institution otherthan a defendant serving a split sentence of incarceration under W.S. 7-13-107or a probationer participating in a residential or nonresidential communitycorrectional program pursuant to W.S. 7-18-108. In all other cases the expensesof extradition shall be paid by the county applying for the return of theperson.
(b) Expenses authorized under this section include the feespaid to the officers of the state on whose governor the requisition is made,and mileage for all necessary travel in returning the person not exceeding therate set in W.S. 9-3-103.
7-3-225. Service of civil process on person brought into state.
A person brought into this state onextradition based on a criminal charge is not subject to service of personalprocess in any civil action arising out of the same facts as the criminalproceedings to answer which he is returned, until he has been convicted in thecriminal proceedings, or if acquitted, until he has had ample opportunity toreturn to the state from which he was extradited.
7-3-226. Charging of person brought into state with other crimes.
After a person has been brought back tothis state upon extradition proceedings, he may be tried in this state forother crimes which he may be charged with having committed here, as well asthat specified in the requisition for his extradition.
7-3-227. Construction of provisions.
This act shall be so interpreted andconstrued as to effectuate its general purpose to make uniform the law of thosestates which enact it.
ARTICLE 3 - INTERSTATE COMPACT FOR ARREST OF FUGITIVES ANDATTENDANCE OF WITNESSES
7-3-301. Repealed By Laws 2007, Ch. 89, 1.
7-3-302. Repealed By Laws 2007, Ch. 89, 1.
7-3-303. Repealed By Laws 2007, Ch. 89, 1.
ARTICLE 4 - WESTERN INTERSTATE CORRECTIONS COMPACT
7-3-401. Western Interstate Corrections Compact.
The Western Interstate Corrections Compactas contained herein is hereby enacted into law and entered into on behalf ofthis state with any and all other states legally joining therein in a formsubstantially as follows:
WESTERNINTERSTATE CORRECTIONS COMPACT
ARTICLEI
Purposeand Policy
The party states, desiring by common action to improve theirinstitutional facilities and provide programs of sufficiently high quality forthe confinement, treatment and rehabilitation of various types of offenders,declare that it is the policy of each of the party states to provide suchfacilities and programs on a basis of cooperation with one another, therebyserving the best interest of such offenders and of society. The purpose of thiscompact is to provide for the development and execution of such programs ofcooperation for the confinement, treatment and rehabilitation of offenders.
ARTICLEII
Definitions
(a) As used in thiscompact, unless the context clearly requires otherwise:
(i) "State"means a state of the United States or, subject to the limitation contained inarticle VII, Guam;
(ii) "Sendingstate" means a state party to this compact in which conviction was had;
(iii) "Receivingstate" means a state party to this compact to which an inmate is sent forconfinement other than a state in which conviction was had;
(iv) "Inmate"means a male or female offender who is under sentence to or confined in aprison or other correctional institution;
(v) "Institution" means any prison, reformatory or other correctionalfacility (including but not limited to a facility for the mentally ill ormentally defective) in which inmates may lawfully be confined;
(vi) "Thiscompact" means W.S. 7-3-401.
ARTICLE III
Contracts
(a) Each party statemay make one (1) or more contracts with any one (1) or more of the other partystates for the confinement of inmates on behalf of a sending state ininstitutions situated within receiving states. Any such contract shall providefor:
(i) Its duration;
(ii) Payments to bemade to the receiving state by the sending state for inmate maintenance,extraordinary medical and dental expenses, and any participation in or receiptby inmates of rehabilitative or correctional services, facilities, programs ortreatment not reasonably included as part of normal maintenance;
(iii) Participation inprograms of inmate employment, if any; the disposition or crediting of anypayments received by inmates on account thereof, and the crediting of proceedsfrom or disposal of any products resulting therefrom;
(iv) Delivery andretaking of inmates;
(v) Such other mattersas may be necessary and appropriate to fix the obligations, responsibilitiesand rights of the sending and receiving states.
(b) Prior to theconstruction or completion of construction of any institution or additionthereto by a party state, any other party state or states may contracttherewith for the enlargement of the planned capacity of the institution oraddition thereto, or for the inclusion therein of particular equipment orstructures, and for the reservation of a specific percentum of the capacity ofthe institution to be kept available for use by inmates of the sending state orstates so contracting. Any sending state so contracting may, to the extent thatmonies are legally available therefor, pay to the receiving state, a reasonablesum as consideration for such enlargement of capacity, or provision ofequipment or structures, and reservation of capacity. Such payment may be in alump sum or in installments as provided in the contract.
(c) The terms andprovisions of this compact shall be a part of any contract entered into by theauthority of or pursuant thereto, and nothing in any such contract shall beinconsistent therewith.
ARTICLE IV
Procedures and Rights
(a) Whenever the dulyconstituted judicial or administrative authorities in a state party to thiscompact, and which has entered into a contract pursuant to article III, shalldecide that confinement in, or transfer of an inmate to, an institution withinthe territory of another party state is necessary in order to provide adequatequarters and care or desirable in order to provide an appropriate program ofrehabilitation or treatment, said officials may direct that the confinement bewithin an institution within the territory of said other party state, thereceiving state to act in that regard solely as agent for the sending state.
(b) The appropriateofficials of any state party to this compact shall have access, at allreasonable times, to any institution in which it has a contractual right toconfine inmates for the purpose of inspecting the facilities thereof andvisiting such of its inmates as may be confined in the institution.
(c) Inmates confined inan institution pursuant to the terms of this compact shall at all times besubject to the jurisdiction of the sending state and may at any time be removedtherefrom for transfer to a prison or other institution within the sendingstate, for transfer to another institution in which the sending state may havea contractual or other right to confine inmates, for release on probation orparole, for discharge, or for any other purpose permitted by the laws of thesending state; provided that the sending state shall continue to be obligated tosuch payments as may be required pursuant to the terms of any contract enteredinto under the terms of article III.
(d) Each receivingstate shall provide regular reports to each sending state on the inmates ofthat sending state in institutions pursuant to this compact including a conductrecord of each inmate and certify said record to the official designated by thesending state, in order that each inmate may have the benefit of his or herrecord in determining and altering the disposition of said inmate in accordancewith the law which may obtain in the sending state and in order that the samemay be a source of information for the sending state.
(e) All inmates who maybe confined in an institution pursuant to the provisions of this compact shall betreated in a reasonable and humane manner and shall be cared for and treatedequally with such similar inmates of the receiving state as may be confined inthe same institution. The fact of confinement in a receiving state shall notdeprive any inmate so confined of any legal rights which said inmate would havehad if confined in an appropriate institution of the sending state.
(f) Any hearing orhearings to which an inmate confined pursuant to this compact may be entitledby the laws of the sending state may be had before the appropriate authoritiesof the sending state, or of the receiving state if authorized by the sendingstate. The receiving state shall provide adequate facilities for such hearingsas may be conducted by the appropriate officials of a sending state. In theevent such hearing or hearings are had before officials of the receiving state,the governing law shall be that of the sending state and a record of thehearing or hearings as prescribed by the sending state shall be made. Said recordtogether with any recommendations of the hearing officials shall be transmittedforthwith to the official or officials before whom the hearing would have beenhad if it had taken place in the sending state. In any and all proceedings hadpursuant to the provisions of this subdivision, the officials of the receivingstate shall act solely as agents of the sending state and no finaldetermination shall be made in any matter except by the appropriate officialsof the sending state. Costs of records made pursuant to this subdivision shallbe borne by the sending state.
(g) Any inmate confinedpursuant to this compact shall be released within the territory of the sendingstate unless the inmate, and the sending and receiving states, shall agree uponrelease in some other place. The sending state shall bear the cost of suchreturn to its territory.
(h) Any inmate confinedpursuant to the terms of this compact shall have any and all rights toparticipate in and derive any benefits or incur or be relieved of anyobligations or have such obligations modified or his status changed on accountof any action or proceeding in which he could have participated if confined inany appropriate institution of the sending state located within such state.
(j) The parent,guardian, trustee, or other person or persons entitled under the laws of thesending state to act for, advise, or otherwise function with respect to anyinmate shall not be deprived of or restricted in his exercise of any power inrespect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State;Extradition
(a) Any decision of thesending state in respect of any matter over which it retains jurisdictionpursuant to this compact shall be conclusive upon and not reviewable within thereceiving state, but if at the time the sending state seeks to remove an inmatefrom an institution in the receiving state there is pending against the inmatewithin such state any criminal charge or if the inmate is suspected of havingcommitted within such state a criminal offense, the inmate shall not bereturned without the consent of the receiving state until discharged fromprosecution or other form of proceeding, imprisonment or detention for suchoffense. The duly accredited officers of the sending state shall be permittedto transport inmates pursuant to this compact through any and all states partyto this compact without interference.
(b) An inmate whoescapes from an institution in which he is confined pursuant to this compactshall be deemed a fugitive from the sending state and from the state in whichthe institution is situated. In the case of an escape to a jurisdiction otherthan the sending or receiving state, the responsibility for institution of extraditionproceedings shall be that of the sending state, but nothing contained hereinshall be construed to prevent or affect the activities of officers and agenciesof any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid for use inconnection with any institution or program, the use of which is or may beaffected by this compact or any contract pursuant hereto and any inmate in areceiving state pursuant to this compact may participate in any such federallyaided program or activity for which the sending and receiving states have madecontractual provision provided that if such program or activity is not part ofthe customary correctional regimen the express consent of the appropriateofficial of the sending state shall be required therefor.
ARTICLEVII
Entryinto Force
This compact shall enter into force and become effective and bindingupon the states so acting when it has been enacted into law by any two (2)contiguous states from among the states of Alaska, Arizona, California,Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah,Washington and Wyoming. For the purposes of this article, Alaska and Hawaiishall be deemed contiguous to each other; to any and all of the states ofCalifornia, Oregon and Washington; and to Guam. Thereafter, this compact shallenter into force and become effective and binding as to any other of saidstates, or any other state contiguous to at least one (1) party state uponsimilar action by such state. Guam may become party to this compact by takingaction similar to that provided for joinder by any other eligible party stateand upon the consent of congress to such joinder. For the purposes of thisarticle, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregonand Washington.
ARTICLEVIII
Withdrawaland Termination
This compact shall continue in force and remain binding upon a partystate until it shall have enacted a statute repealing the same and providingfor the sending of formal written notice of withdrawal from the compact to theappropriate officials of all other party states. An actual withdrawal shall nottake effect until two (2) years after the notices provided in said statute havebeen sent. Such withdrawal shall not relieve the withdrawing state from itsobligations assumed hereunder prior to the effective date of withdrawal. Beforethe effective date of withdrawal, a withdrawing state shall remove to itsterritory, at its own expense, such inmates as it may have confined pursuant tothe provisions of this compact.
ARTICLEIX
OtherArrangements Unaffected
Nothing contained in this compact shall be construed to abrogate orimpair any agreement or other arrangement which a party state may have with anonparty state for the confinement, rehabilitation or treatment of inmates norto repeal any other laws of a party state authorizing the making of cooperativeinstitutional arrangements.
ARTICLEX
Constructionand Severability
The provisions of this compact shall be liberally construed andshall be severable. If any phrase, clause, sentence or provision of thiscompact is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of the remainderof this compact and the applicability thereof to any government, agency, personor circumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining states and in fullforce and effect as to the state affected as to all severable matters.
7-3-402. Authority to commit or transfer inmates.
Any court or other agency or officer ofthis state having power to commit or transfer an inmate (as defined in articleII (a)(iv) of the Western Interstate Corrections Compact) to any institutionfor confinement may commit or transfer such inmate to any institution within orwithout this state if this state has entered into a contract or contracts forthe confinement of inmates in said institution pursuant to article III of theWestern Interstate Corrections Compact.
7-3-403. Enforcement of compact.
The courts, departments, agencies andofficers of this state and its subdivisions shall enforce this compact andshall do all things appropriate to the effectuation of its purposes and intentwhich may be within their respective jurisdictions including but not limited tothe making and submission of such reports as are required by the compact.
7-3-404. Hearings.
The governor is hereby authorized anddirected to hold such hearings as may be requested by any other party statepursuant to article IV (f) of the Western Interstate Corrections Compact.
7-3-405. Authority to enter into contracts; force and effect.
The governor is hereby empowered to enterinto such contracts on behalf of this state as may be appropriate to implementthe participation of this state in the Western Interstate Corrections Compactpursuant to article III thereof. No such contract shall be of any force oreffect until approved by the attorney general of the state.
7-3-406. Construction and severability of provisions.
The provisions of this act, W.S. 7-3-401through 7-3-406, shall be severable and if any phrase, clause, sentence, orprovision of this act is declared to be unconstitutional or the applicabilitythereof to any state, agency, person or circumstance is held invalid, theconstitutionality of this act and the applicability thereof to any other state,agency, person or circumstance shall, with respect to all severable matters,not be affected thereby. It is the legislative intent that the provisions ofthis act be reasonably and liberally construed.
ARTICLE 5 - PREVENTION OF CRIME
7-3-501. Filing of complaint; issuance of warrant or summons.
(a) As used in W.S. 7-3-501 through 7-3-505 "judge"means a circuit court judge.
(b) When complaint is made by the district attorney or by anyprivate person to any circuit court judge that a person has threatened or isabout to commit a breach of the peace or an offense against the person orproperty of another, the judge shall:
(i) Examine under oath the complainant and any witnesses whomay be produced;
(ii) Reduce the complaint and a concise statement of thetestimony of the witnesses to writing; and
(iii) Cause the complaint to be subscribed and sworn to.
(c) If it appears there is probable cause to believe theoffense will be committed, the judge shall issue a warrant for the arrest ofthe person complained against or issue a summons for him to appear and answerthe complaint.
7-3-502. Examination of party complained against; recognizance tokeep peace.
When the party complained against appearsbefore the judge the testimony produced on both sides shall be heard if theallegations of the complaint are controverted. If, upon examination, it appearsto the judge that there is no probable cause to believe that the offense willbe committed, the person complained against shall be discharged. If, however,the judge finds that there is probable cause to believe that the offense willbe committed, he shall order the person complained against to give arecognizance, with good and sufficient surety in the form of cash, bond orother property, in any sum the judge directs. The recognizance shall beconditioned that the person complained against shall keep the peace toward allpeople of this state, and especially towards the person against whom or whoseproperty there is reason to believe the offense will be committed, for a periodof time determined by the judge not exceeding twelve (12) months.
7-3-503. Compliance with recognizance order; failure to giverecognizance.
(a) If a person ordered to give recognizance complies with theorder he shall be discharged and the recognizance returned to him.
(b) If a person ordered to give recognizance and surety refusesor neglects to do so, the judge may order the person to show cause why heshould not be committed to jail. If the judge finds that the person's defaultis willful or is due to his failure to make a good faith effort to obtain thesurety required, the judge may order him committed to jail until the surety, ora specified part thereof is given, provided that such commitment shall notexceed six (6) months.
7-3-504. Judgment against complainant; defects in complaint.
(a) If the person complained against is discharged afterhearing because no probable cause is found and if the judge finds that thecomplaint was commenced maliciously and without reasonable cause on the part ofthe complainant, the judge may enter judgment against the complainant for thecosts of the proceedings and the reasonable attorney's fees of the personcomplained against. If the person complained against is required to giverecognizance the judge may assess the costs of the proceedings against him.
(b) A proceeding to prevent an offense under this article shallnot be dismissed because of any informality or insufficiency of the complaintor other document in the proceeding. The complaint may be amended by the judgeto conform to the evidence in the case.
7-3-505. Filing of recognizance; forfeiture.
A recognizance taken in accordance withW.S. 7-3-501 through 7-3-505 shall be filed by the clerk of the court in thecourt records. Upon a breach of the condition of the recognizance, the courtshall declare a forfeiture of the security in the manner provided for theforfeiture of bail in criminal cases, except for good cause shown.
7-3-506. Definitions.
(a) As used in W.S. 7-3-506 through 7-3-511:
(i) "Court" means the circuit court or the districtcourt in the county where an alleged victim of stalking resides, or where thealleged perpetrator of the stalking is found;
(ii) "Order of protection" means a court order grantedfor the protection of a victim of stalking;
(iii) "Stalking" means conduct as defined by W.S.6-2-506(b).
7-3-507. Petition for order of protection; contents; requisites;indigent petitioners.
(a) A victim of stalking, or the district attorney on behalf ofthe alleged victim, may file with the court a petition for an order ofprotection.
(b) The petition shall be accompanied or supplemented by one(1) or more sworn affidavits setting out specific facts showing the allegedstalking and the identity of the alleged stalker.
(c) No filing fee shall be charged for the filing of a petitionunder this section nor shall a fee be charged for service of process.
(d) The attorney general shall promulgate a standard petitionform which may be used by petitioners. The clerk of the circuit or districtcourt shall make standard petition forms available to petitioners, withinstructions for completion, without charge. If the petition is not filed bythe district attorney, the court may appoint an attorney to represent anindigent petitioner. Nothing in this subsection shall prevent the victim fromhiring an attorney or filing a petition pro se.
(e) A petition may be filed under this section whether or notthe individual who is alleged to have engaged in a course of conduct prohibitedunder W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506 for thealleged crime.
7-3-508. Temporary order of protection; setting hearing.
(a) Upon the filing of a petition for an order of protection,the court shall schedule a hearing on the petition to be conducted withinseventy-two (72) hours after the filing of the petition, and shall cause eachparty to be served with an order to appear, a copy of the petition and a copyof the supporting affidavits. Service shall be made upon each party at leasttwenty-four (24) hours before the hearing. The failure to hold or complete thehearing within seventy-two (72) hours shall not affect the validity of thehearing or any order issued thereon.
(b) If the court determines from the specific facts shown bythe petition and supporting affidavits that there exists a clear and presentdanger of further stalking or of serious adverse consequences to any person,the court may grant ex parte a temporary order of protection pending thehearing, and shall cause a copy of the temporary order of protection to beserved on each party. The court may prescribe terms in the temporary order ofprotection which it deems sufficient to protect the victim and any other personpending the hearing, including but not limited to the elements described inW.S. 7-3-509(a).
(c) A temporary order of protection issued under paragraph (b)of this section shall contain a notice that willful violation of any provisionof the order constitutes a crime as defined by W.S. 7-3-510(c), can result inimmediate arrest and may in some cases subject the perpetrator to enhancedpenalties for felony stalking under W.S. 6-2-506(e).
7-3-509. Order of protection; contents; remedies; order not to affecttitle to property.
(a) Following a hearing under W.S. 7-3-508(a) and upon afinding that conduct constituting stalking has been committed, the court shallenter an order of protection ordering the respondent to refrain from anyfurther acts of stalking involving the victim or any other person. As a part ofany order of protection, the court may direct that the respondent:
(i) Stay away from the home, school, business or place ofemployment of the victim or any other locations the court may describe in theorder; and
(ii) Refrain from contacting, intimidating, threatening orotherwise interfering with the victim of the alleged offense and any otherpersons, including but not limited to members of the family or household of thevictim, as the court may describe in the order.
(b) The order shall contain a notice that willful violation ofany provision of the order constitutes a crime as defined by W.S. 7-3-510(c),can result in immediate arrest and may in some cases subject the perpetrator toenhanced penalties for felony stalking under W.S. 6-2-506(e).
7-3-510. Service of order; duration and extension of order; violation;remedies not exclusive.
(a) An order of protection granted under W.S. 7-3-509 shall beserved upon the respondent pursuant to the Wyoming Rules of Civil Procedure. Acopy of the order of protection shall be filed with the sheriff of the county.
(b) An order of protection granted by the court under W.S.7-3-509 shall be effective for a fixed period of time not to exceed one (1)year. Either party may move to modify, terminate or extend the order. Theorder may be extended repetitively upon a showing of good cause for additionalperiods of time not to exceed one (1) year each.
(c) Willful violation of a temporary order of protection issuedunder W.S. 7-3-508 or of an order of protection issued under W.S. 7-3-509 is amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both. A temporaryorder of protection issued under W.S. 7-3-508 and an order of protection issuedunder W.S. 7-3-509 shall have statewide applicability and a criminalprosecution under this subsection may be commenced in any county in which therespondent commits an act in violation of the order.
(d) The remedies provided by W.S. 7-3-506 through 7-3-511 arein addition to any other civil or criminal remedy available under the law.
7-3-511. Emergency assistance by law enforcement officers; limitedliability.
(a) A person who allegedly has been a victim of stalking mayrequest the assistance of a law enforcement agency, which shall respond to therequest in a manner appropriate to the circumstances.
(b) A law enforcement officer or agency responding to therequest for assistance may take whatever steps are reasonably necessary toprotect the victim, including:
(i) Advising the victim of the remedies available under W.S.7-3-506 through 7-3-511 and the availability of shelter, medical care,counseling and other services;
(ii) Advising the victim, when appropriate, of the procedure forinitiating proceedings under W.S. 7-3-506 through 7-3-511 or criminalproceedings and the importance of preserving evidence; and
(iii) Providing or arranging for transportation of the victim toa medical facility or place of shelter.
(c) Any law enforcement agency or officer responding to arequest for assistance under W.S. 7-3-506 through 7-3-511 is immune from civilliability when complying with the request, provided that the agency or officeracts in good faith and in a reasonable manner.
ARTICLE 6 - COMMUNICATION INTERCEPTION
7-3-601. Repealed By Laws 2001, Ch. 140, 2.
7-3-602. Repealed By Laws 2001, Ch. 140, 2.
7-3-603. Repealed By Laws 2001, Ch. 140, 2.
7-3-604. Repealed By Laws 2001, Ch. 140, 2.
7-3-605. Repealed By Laws 2001, Ch. 140, 2.
7-3-606. Repealed By Laws 2001, Ch. 140, 2.
7-3-607. Repealed By Laws 2001, Ch. 140, 2.
7-3-608. Repealed By Laws 2001, Ch. 140, 2.
7-3-609. Repealed By Laws 2001, Ch. 140, 2.
7-3-610. Repealed By Laws 2001, Ch. 140, 2.
7-3-611. Repealed By Laws 2001, Ch. 140, 2.
ARTICLE 7 - COMMUNICATION INTERCEPTION
7-3-701. Definitions.
(a) As used in this act:
(i) "Aggrieved person" means any person who was aparty to any oral, wire or electronic communication intercept as defined inthis act, or a person against whom the interception was directed;
(ii) "Aural transfer" means a transfer containing thehuman voice at any point between and including the point of origin and thepoint of reception;
(iii) "Communication common carrier" shall have thesame meaning which is given the term "common carrier" by 47 U.S.C. 153(10);
(iv) "Contents" when used with respect to any oral,wire or electronic communication includes any information concerning themeaning, substance or purport of the communication;
(v) "Electronic communication" means any transfer ofsigns, signals, writing, images, sounds, data or intelligence of any naturetransmitted in whole or in part by a wire, radio, electromagnetic,photoelectronic or photooptical system that affects interstate or foreigncommerce but does not include:
(A) Any wire or oral communication;
(B) Any communication made through a tone-only paging device;
(C) Any communication made through a tracking device as definedin 18 U.S.C. 3117; or
(D) Electronic funds transfer information stored by a financialinstitution in a communications system used for the electronic storage andtransfer of funds.
(vi) "Electronic communication service" means anyservice which provides to users thereof the ability to send or receive wire orelectronic communications;
(vii) "Electronic communications system" means anywire, radio, electromagnetic, photooptical o