001-0 Wyo. Code R. § 5

Current through April 27, 2019
Section 5 - Removal and Withholding of Good Time and Special Good Time

(a) Any good time allowance which has already been awarded may be removed by the WDOC or the Board from an inmate who has not demonstrated a proper and helpfull attitude, conduct and behavior, except that good time and special good time may not be removed from the minimum sentence after it has been served. Additionally, the WDOC or the Board may prohibit the earning of future good time by an inmate on the above grounds. The WDOC's or the Board's decision is final and not subject to appeal.

(b) Future earnings of good time may be withheld at the discretion of WDOC, after the inmate has been afforded an evidentiary hearing. The decision by the Warden to withhold good time shall be final and not subject to appeal.

(c) The procedure to be used by the WDOC for the removal of good time which has been awarded shall include a recommendation made by the Warden, after the inmate has been afforded the opportunity for an evidentiary hearing and the grounds have been established. The inmate shall be notified in writing of the recommendation and advised that he or she may submit written objections to the recommendation within ten (10) days of the date the notification is written. Such objections shall be directed to the Director. The Director will review the recommendation for removal of good time and objection, if any, together with the written summary and determination from the institutional file of the inmate, and may, in his/her discretion, receive evidence from the inmate and others. Based on this information, the Director shall determine whether to remove good time allowances already awarded and the extent thereof, and the inmate shall be notified in writing of such determination, which shall be final and not subject to appeal.

(d) The Board may, of its own accord and without the recommendation of the WDOC, determine whether to remove good time and/or special good time already granted, and/or to prohibit the earning of future good time and/or special good time allowances of an inmate who has not demonstrated a proper and helpfull attitude, conduct and behavior. The inmate shall be notified in writing, telephonically or in person of the Board's intent. If notice is given in person or telephonically, the Board shall offer the inmate an opportunity to voice his/her objection(s), if any, or may table its decision to allow the inmate to submit his/her objections in writing. If written notice is given, the inmate will be given the opportunity to submit objections in writing. Written objection(s) shall be submitted to the Board within ten (10) days of notice. If the grounds for removal of good time and/or special good time already awarded and/or withholding of future earnings have not previously been determined through an evidentiary hearing, the Board shall afford the inmate an evidentiary hearing before the Board members or a hearing officer prior to the Board's final decision. The Board's determination shall be final and is not subject to appeal.

001-0 Wyo. Code R. § 5