Current with changes from the 65th Legislature, Special Session, Ch. 3
Section 7-13-402 - General powers and duties of board; eligibility for parole; immunity(a) The board may grant a parole to any person imprisoned in any institution under sentence, except a sentence of life imprisonment without parole or a life sentence, ordered by any district court of this state, provided the person has served the minimum term pronounced by the trial court less good time, if any, granted under rules promulgated pursuant to W.S. 7-13-420. The board may also grant parole to a person serving a sentence for an offense committed before the person reached the age of eighteen (18) years of age as provided in W.S. 6-10-301(c).(b) A prisoner is not eligible for parole on a sentence if, while serving that sentence, he has: (i) Made an assault with a deadly weapon upon any officer, employee or inmate of any institution; or (ii) Escaped, attempted to escape or assisted others to escape from any institution. (c) In granting a parole the board shall fix terms and conditions it deems proper to govern the conduct of the parolee while the parole is in effect. The terms and conditions may be special in each case or they may be prescribed by general rules and regulations of the board, or both. (d) No person granted a parole shall be released from an institution until he has signed an agreement that he will comply with the terms and conditions under which he has been released and abide by the laws of the state. In addition, no person shall be granted a parole until the board makes a reasonable effort to notify victims who have registered to receive notification pursuant to W.S. 1-40-204(d) of the hearing and provides a reasonable opportunity for the victims to provide written comments tothe board relative to the parole. (e) The board may adopt reasonable rules and regulations necessary to carry out the functions assigned to the board by W.S. 7-13-401 through 7-13-424 including rules relating to:(i) The conduct of proceedings, meetings, hearings and interviews; (ii) The general conditions under which parole may be granted and revoked; (iii) Parole applications and procedures, including the selection of hearing panels as provided by W.S. 7-13-401(f);(iv) Repealed by Laws 1992, ch. 25, § 4. (v) Procedures to allow victims opportunity to comment on parole applications; and (vi) Notification to victims of the pending release of prisoners. (f) The promulgation of substantive rules by the board, the conduct of its hearings and its final decisions are specifically exempt from all provisions of the Wyoming Administrative Procedure Act including the provisions for judicial review under W.S. 16-3-114 and 16-3-115. The board's rules and regulations shall be filed in the office of the secretary of state.(g) Notwithstanding W.S. 1-39-101 through 1-39-119, the board and its members are immune from any liability, either as a board or individually, for any actions, inactions or omissions by the board or any member thereof, pursuant to W.S. 7-13-401 through 7-13-424.(h) Repealed by Laws 2015, ch. 163,§ 2.(j) The board may order the arrest and return to the custody of the department of any parolee who has absconded from supervision, been charged with or convicted of a crime while on parole or committed an alleged violation of parole for which probable cause has been established through a hearing, or waiver thereof, pursuant to W.S. 7-13-408. The written order of the board shall be sufficient warrant for any peace officer to return a parolee to custody. All peace officers shall execute any order of the board issued under this subsection. A parolee taken into custody under the order of the board is not subject to release on bail.Amended by Laws 2015, ch. 163,§ 2, eff. 1/1/2016.Amended by Laws 2015, ch. 163,§ 1, eff. 1/1/2016.Amended by Laws 2013, ch. 18,§ 1, eff. 7/1/2013.Amended by Laws 2011, ch. 30,§ 1, eff. 7/1/2011.