Current through the 2024 Budget Session
Section 7-13-401 - Definitions; creation of board; officers; compensation; hearing panels; meetings(a) As used in W.S. 7-13-401 through 7-13-424: (i) "Board" means the state board of parole;(ii) "Conditional release" means any form of release by an institution or by a court, other than parole or probation, which is subject to conditions imposed by the institution or court, but excludes release on bail;(iii) "Conditional releasee" means an individual granted conditional release by an institution or court;(iv) "Department" means the department of corrections;(v) "Director" means the director of the department of corrections;(vi) "Institution" includes the Wyoming state penitentiary, state penitentiary farms and camps, Wyoming women's center, Wyoming state hospital and any other state penal institution including a correctional facility operated by a private entity pursuant to W.S. 7-22-102;(vii) "Parole" means permission to leave the confines of the institution in which a person is confined under specified conditions, but does not operate as a discharge of the person;(viii) "Parolee" means a prisoner or an inmate of an institution who has been granted parole;(ix) "Peace officer" means as defined by W.S. 7-2-101;(x) "Probation" means a sentence not involving confinement which imposes conditions and retains authority in the sentencing court to modify the conditions of the sentence or to resentence the offender if he violates the conditions;(xi) "Probationer" means a defendant granted probation by the sentencing court;(xii) "Executive director" means the executive director of the board;(xiii) "Field services administrator" means the administrator for the department of corrections division of field services;(xiv) "Probation and parole agent" means an employee of the department of corrections, division of field services, who supervises a parolee or probationer;(xv) "Compliance violation" means a violation of a condition of probation, parole or conditional release but shall not include:(A) An arrest for a new misdemeanor or felony offense; or(B) Absconding from supervision, which includes the defendant, probationer or parolee deliberately making his whereabouts unknown to his probation and parole agent, the department or court or failing to report for the purpose of avoiding supervision, where reasonable efforts by the probation and parole agent to locate the defendant, probationer or parolee have been unsuccessful.(b) There is created the state board of parole which consists of seven (7) members appointed by the governor with the advice and consent of the senate, in accordance with W.S. 28-12-101 through 28-12-103. Not more than seventy-five percent (75%) of the members shall be of the same political party. Members of the board shall be appointed for six (6) year terms. The governor may remove any board member as provided in W.S. 9-1-202.(c) Annually at the first meeting of the board, the members shall elect from their number a chairman and vice-chairman. Any vacancy caused by death, resignation or disqualification of a member of the board shall be filled by the governor for the remainder of the unexpired term of the member. Any vacancy occurring between sessions of the legislature may be filled by the governor in accordance with W.S. 28-12-101(b).(d) When engaged in the performance of their duties, members of the board shall receive salary in the amount paid to members of the Wyoming legislature and travel expenses and per diem in the same manner and amount as employees of the state.(e) The board shall meet at least quarterly to conduct the business specified in subsection (f) of this section. Except as otherwise provided by subsection (f) of this section, four (4) members constitute a quorum. All matters shall be decided by a majority vote of those in attendance. The board may meet as often as necessary for the administration and conduct of its other business.(f) Three (3) or more members of the board may constitute a hearing panel empowered to review applications for parole, grant paroles or revoke paroles. Fewer than three (3) members of the board, as may be provided by rule of the board, may withdraw or revoke good time, restore or reinstate good time, make recommendations to the governor to grant commutations of sentences and review inmate matters, other than the grant or denial of parole, brought before the board. A decision by a majority of the members of a panel under this subsection is the decision of the board.(g) The board may employ an executive director who shall serve at the pleasure of the board as provided by appropriation of the legislature. The executive director and other staff members shall perform duties as may be assigned by the board.Amended by Laws 2019 , ch. 116, § 2, eff. 7/1/2019.Amended by Laws 2016 , ch. 119, § 1, eff. 7/1/2016.Amended by Laws 2015 , ch. 163, § 1, eff. 1/1/2016.Amended by Laws 2011 , ch. 30, § 1, eff. 7/1/2011.