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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Wyoming | Wyo. Stat. Ann. § 1-40-119(a) | Surcharge to be assessed in certain criminal cases; paid to account. |
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal + See moreoffenses shall be assessed a surcharge of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the offenses specified in paragraph (v) of this subsection, not less than one hundred fifty dollars ($150.00) nor more than three hundred fifty dollars ($350.00) for the first plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection, and not less than two hundred dollars ($200.00) nor more than four hundred dollars ($400.00) for each subsequent plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection:
(i) Any crime enumerated in W.S. 6 1 101 through 6 10 203;
(ii) Any violation of W.S. 31 5 225, 31 5 229, 31 5 233 or 41 13 220(a);
(iii) Any violation of W.S. 35 7 1001 through 35 7 1057;
(iv) Any violation of W.S. 6 2 314 through 6 2 318;
(v) Any violation of a municipal ordinance which has substantially similar elements to the criminal offenses specified in paragraphs (ii) through (iv) of this subsection or any other violation of a municipal ordinance which causes actual damage to persons or property.
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$100 - $300 | All | Yes | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-106(a) | Homicide by vehicle; aggravated homicide by vehicle; penalties |
Except as provided in subsection (b) of this section, a person is guilty of homicide by vehicle and shall be fined not more than two thousand dollars ($2,000.00) or imprisoned + See morein the county jail for not more than one (1) year, or both, if he operates or drives a vehicle in a criminally negligent manner, and his conduct is the proximate cause of the death of another person. Evidence of a violation of any state law or ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except for evidence of a violation of W.S. 10 6 103, 31 5 233 and 41 13 206, is admissible in any prosecution under this subsection.
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$0 - $2000 | All | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-107(b) | Criminally negligent homicide | Criminally negligent homicide is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both | $0 - $2000 | Misdemeanor | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-203(b) | False imprisonment; penalties | False imprisonment is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. | $0 - $1000 | Misdemeanor | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-313(b) | Sexual battery | Sexual battery is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. | $0 - $1000 | Misdemeanor | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-319(a)-(c) | Names not to be released; restrictions on disclosures or publication of information; violations; penalties |
(a) Prior to the filing of an information or indictment in district court charging a violation of an offense under this article, neither the names of the alleged actor or + See morethe victim of the charged offense nor any other information reasonably likely to disclose the identities of the parties shall be released or negligently allowed to be released to the public by any public employee except as authorized by the judge with jurisdiction over the criminal charges. The actor's name may be released to the public to aid or facilitate an arrest. This subsection shall not apply if release of the name or information is necessary to enforce an order for protection against the alleged actor. (c) Any person who willfully violates subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00) or be imprisoned in the county jail not more than ninety (90) days, or both.
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$0 - $750 | All | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-320(a)-(c) | Prohibited access to school facilities by adult sex offenders; exceptions; penalties; definitions |
(a) Except as provided in subsection (b) of this section, no person who is eighteen (18) years of age or older who is required to register as a sex + See moreoffender pursuant to W.S. 7 19 302 shall:
(i) Be upon or remain on the premises of any school building or school grounds in this state, or upon other properties owned or leased by a school when the registered offender has reason to believe children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity;
(ii) Knowingly loiter on a public way within one thousand (1,000) feet from the property line of school grounds in this state, including other properties owned or leased by a school when children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity;
(iii) Be in any vehicle owned or leased by a school to transport students to or from school or a school related activity when children under the age of eighteen (18) years are present in the vehicle;
(iv) Reside within one thousand (1,000) feet of the property on which a school is located, measured from the nearest point of the exterior wall of the registered offender's dwelling unit to the school's property line, except that this paragraph shall not apply if the registered offender's residence was established prior to July 1, 2010.
(c) Any person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
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$0 - $750 | All | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-403(b) | Intimidation in furtherance of interests of a criminal street gang |
(b) Intimidation in furtherance of the interests of a criminal street gang is a high misdemeanor punishable by imprisonment of up to one (1) year, a fine of up + See moreto one thousand dollars ($1,000.00), or both.
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$0 - $1000 | Misdemeanor | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-501(c) | Simple assault; battery; penalties | (c) Except as provided by subsection (e) of this section, simple assault is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00). | $0 - $750 | Misdemeanor | No | Court | N/A |
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Wyoming | Wyo. Stat. Ann. § 6-2-501(d) | Simple assault; battery; penalties |
Except as provided by subsection (f) of this section, battery is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven + See morehundred fifty dollars ($750.00), or both. Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year.
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$0 - $750 | Misdemeanor | No | Court | N/A |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Wyoming | Wyo. Stat. Ann. § 7-18-114 | Record and disbursement of wages; exemption from process; confidentiality of amount |
(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.
(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection. |
Wage/bank account garnishment | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-16-101 | Persons subject to required work |
(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.
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Condition or extension of supervision, Work program/jail industry program | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-10-105 | Commitment for refusal to pay fine or costs; rate per day |
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-11-504 | Commitment until fine and costs paid |
If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-16-104 | Labor by prisoners. County jail. Credits. |
7-16-104. Credits. (a) The sentencing court may reduce the term of a sentence, fine, costs or attorney fees of a prisoner sentenced to imprisonment or placed on probation, for work performed under W.S. 7-16-101 through 7-16-104.
(b) If a reduction is ordered pursuant to subsection (a) of this section, the reduction shall be: (i) At the rate of one (1) day for each eight (8) hours of work performed under W.S. 7-16-101 through 7-16-104, provided the reduction in sentence shall not exceed one-half (1/2) of the original sentence; (ii) In an amount equal to the federal minimum hourly wage for each hour of work performed provided that the total amount of reduction in the fine, costs or attorney fees shall not exceed one-half (1/2) of the total amount of the fine, costs and attorney fees. (c) The court shall direct whether the credits under subsection (b) of this section shall apply against the prisoner's term of imprisonment, his fine, court costs, attorney fees or other fees imposed by the court. (d) A person committed to county jail for refusal to pay a fine or costs shall, in addition to the credit allowed by W.S. 6-10-105, be granted a credit against his fine or costs in an amount equal to the federal minimum hourly wage for each hour of work performed. |
Work program/jail industry program | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 6-10-105 | Commitment for refusal to pay fine or costs; rate per day |
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 31-9-305 | Payment of judgments in installments; failure to meet payments |
(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act. |
Driver's license suspension/impoundment, Payment plan/installment plan | All | No |
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Wyoming | Wyo. Stat. Ann. § 5-6-111 | Execution on judgments |
Upon assessment of any fine and costs for the conviction of a violation of any ordinance of a city or town, judgment shall be entered against the defendant in favor of the city or town. If the judgment is not paid within ninety (90) days from the date of the judgment the city or town may collect judgment by execution in circuit court in the manner provided by law. Except as otherwise provided by law all amounts recovered pursuant to this section shall be deposited with the city or town treasurer, used for the benefit of the city or town, and credited against the fine and reasonable costs of collection.
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Civil judgment | Misdemeanor | Yes |
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Wyoming | Wyo. Stat. Ann. § 6-6-207 | Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties |
Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.
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Collection fee/interest, Property liens | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-13-421 | Restitution as condition of parole |
(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106.
(c) If the parolee fails to pay the restitution as provided by this section the board may: (i) Modify the amount of the restitution; (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Revoke the parole. |
Condition or extension of supervision, Payment plan/installment plan | All | No |
Ability to Pay
| State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Wyoming | Wyo. Stat. Ann. § 7-13-421(b),(d) | Restitution as condition of parole. |
(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7 9 103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7 9 106.
(d) The board may waive the payment of some or all of the restitution as a condition of parole if it finds the payment of some or all of the restitution will work an undue hardship on the parolee or his family. Victims who have requested to receive notification pursuant to W.S. 1 40 204(f) of information authorized to be released pursuant to W.S. 1 40 204(d) shall be given notice and an opportunity to be heard prior to the board making a decision to waive some or all of the restitution under this subsection. |
All |
Parolee is not reasonably capable of making the payments; undue hardship on the parolee or his family |
At enforcement of fine or fee | Not provided for | Administrative decision | Yes |
Modify the amount of restitution to be paid; waive all or some of restituion as condition of parole. |
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Wyoming | Wyo. Stat. Ann. § 7-9-102 | Order to pay upon conviction |
In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7 9 103 and 7 9 114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Restituion not ordered |
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Wyoming | Wyo. Stat. Ann. § 7-6-106 | Determination of need; reimbursement for services |
(a) The determination of whether a person covered by W.S. 7 6 104 is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under W.S. 7 6 108, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether he is a needy person. For purposes of this section, an appeal, probation revocation or proceeding to correct or modify a sentence is a separate proceeding. The determination of need shall be based on a separate application submitted at the time of each proceeding.
(b) In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards set forth in Rule 44(d), Wyoming Rules of Criminal Procedure. Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes. (c) In every case in which a person has received services under W.S. 7 6 104, the presiding judge shall determine whether the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any funds towards payment of part or all of the cost associated with such services. If the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record. If the court determines the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any amount as reimbursement, the court shall order the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7 6 105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided. All reimbursements under this act shall be made through the clerk of court. (d) The state public defender shall report in the agency's annual report concerning: (i) The number of cases by court in which an attorney was appointed to represent a person at public expense under this act during the preceding calendar quarter; (ii) For each case in which an attorney was appointed, whether the court ordered reimbursement under this section or, if reimbursement was not ordered, whether the court complied with subsection (c) of this section; (iii) For the guardian ad litem program, the number of cases, the amount of monies expended and the amounts of reimbursements from participating counties. (e) If the court orders release on bail pending trial or appeal, probation before sentence, suspended sentence or probation, the court shall order the needy person as a condition of bail, sentence or probation to repay the state for expenses and services provided by appointed attorneys pursuant to the state public defender's standard fee schedule if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay. |
All |
Wyo. R. Crim. P. 44(d): In making a determination of eligibility, the judicial officer shall consider: (1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money. Uncertainty as to a defendant's eligibility for appointed counsel should be resolved in the defendant's favor. An erroneous determination of eligibility may be corrected at any time.
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Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
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Wyoming | Wyo. Stat. Ann. § 7-9-103(c) | Determination of amount owed; execution |
The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes | Not provided for |
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Wyoming | Wyo. Stat. Ann. § 7-11-402(a) | Subpoena of witnesses for indigent defendants |
(a) Upon application of a defendant and upon a satisfactory showing that the defendant is financially unable to pay the fees of a witness and that the presence of the witness is necessary to an adequate defense, the court shall order that a subpoena be issued for service on a named witness and order that all fees and costs incurred be paid as provided by subsection (b) of this section.
(b) If the court orders a subpoena to be issued under this section, the costs incurred and the fees of the witness so subpoenaed shall be paid by the public defender's office. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Fees of the witness so subpoenaed shall be paid by the public defender's office |
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Wyoming | Wyo. Stat. Ann. § 7-11-505 | Payment of costs of prosecution |
Payment of the costs of prosecution may be added to and made a part of the sentence in any felony or misdemeanor case if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Payment of the costs of prosecution not added to and made a part of the sentence in any felony or misdemeanor case |
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Wyoming | Wyo. Stat. Ann. § 7-13-109(a) | Payment of jail costs by inmate |
(a) In addition to any other punishment prescribed by law, the sentencing court may require a person sentenced to confinement in county jail, for any offense, to pay the jail facility the costs of room and board for each day of incarceration, both before and after conviction. The costs for room and board for each day of incarceration shall be an amount equal to the actual cost of the services as determined by the county sheriff. The cost of the services shall be paid to all jail facilities where the inmate may have been held before and after conviction. The costs shall not be assessed if:
(i) The court finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay; or (ii) In the judgment of the court, the costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family. |
All |
Costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Costs for room and board for each day of incarceration not imposed. |
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Wyoming | Wyo. Stat. Ann. § 7-13-1301(a)(iv) | Definitions |
(iv) "Qualified offender" means a person convicted of a felony whom the court finds has a need for alcohol or other drug treatment. The payment amount required of the offender for treatment shall be based on the ability of the offender to pay as established on a sliding fee scale pursuant to rules and regulations adopted by the department of health and may, at the discretion of the court, be paid through delayed or installment payments. In determining an offender's ability to pay the court may consider present circumstances as well as reasonable future potential;
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Felony |
Not provided for (court may consider present circumstances as well as reasonable future potential). |
Not provided for | Not provided for | Determined by judge without hearing | Yes |
Fee imposed based on sliding fee scale pursuant to rules and regulations adopted by the department of health; installment payments. |
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Wyoming | Wyo. Stat. Ann. § 5-6-202(b) | Powers and duties of municipal judge generally; court to open every day except Sunday |
(b) The municipal judge shall enforce due obedience to all orders, rules and judgments made by him. The judge has the same power as the district court in the issuance of warrant, search warrant, subpoena or other necessary process and may fine or imprison for contempt offered to him or to process issued by him in the same manner and to the same extent as the district court. Before any person is imprisoned for the willful refusal to pay a fine, the court shall determine whether the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Cannot imprison for the willful refusal to pay a fine |
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Wyoming | Wyo. Stat. Ann. § 5-6-301(b) | Punishment of persons convicted before judge; maximum penalty permitted; power to punish for contempt. |
(b) The municipal judge shall punish for contempt in the same manner as district court. Before any person is imprisoned for the willful refusal to pay a fine, the court shall determine whether the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Cannot imprison for the willful refusal to pay a fine. |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Wyoming | Wyo. Stat. Ann. § 6-10-108 | Disposition of fines |
An officer who collects a fine, unless otherwise required by law, shall pay the fine into the general fund of the county in which the fine was assessed within thirty (30) days of receipt. The officer shall obtain duplicate treasurer's receipts and deposit one (1) with the county clerk.
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Obligation to collect or record | All courts, Law enforcement |
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Wyoming | Wyo. Stat. Ann. §5-9-106 | Disposition of money collected for violations of city or town ordinances; disposition of fines and penalties under general state laws |
All money collected by a judge of a circuit court for violations of ordinances of a city or town shall be paid into the general fund of the city or town whose ordinance was violated. The circuit court shall keep separate account books of funds for ordinance violations as designated by the Wyoming supreme court. All fines and penalties under the general laws of the state shall be paid into the county treasury to the credit of the public school fund of the county.
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Obligation to collect or record | State courts |
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Wyoming | Wyo. Stat. Ann. § 5-9-144 | Receipts for money paid into court |
When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5 9 106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer . . .
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Obligation to collect or record | State courts |
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Wyoming | Wyo. Stat. Ann. § 5-6-303 | Disposition of fines and penalties |
All fines and penalties collected, arising from a breach of the ordinances of the town, shall be paid into the town treasury. If a town enacts an ordinance prescribing a court automation fee as provided in W.S. 5‑6‑108(a)(i), up to one‑half (1/2) of the fee may be retained by the town solely for the purpose of defraying costs and expenses related to establishing and maintaining an electronic citation system. The system shall collect and submit data in a form and manner prescribed by the supreme court to comply with the requirements of the judicial systems automation account under W.S. 5‑2‑120. The remaining portion of the fee shall be remitted to the judicial systems automation account established by W.S. 5‑2‑120. If a town enacts an ordinance prescribing an indigent civil legal services fee as provided in W.S. 5‑6‑108(a)(ii), the fee shall be remitted to the indigent civil legal services account established by W.S. 5‑2‑121.
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Obligation to collect or record | Local jurisdiction |
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Wyoming | Wyo. Stat. Ann. § 7-16-102(e) | Restrictions; supervision; costs; civil liability |
The person charged with supervising a prisoner's work shall keep an accurate record and account of all work performed and all credits received and shall make periodic reports as required by the court.
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Obligation to collect or record | Law enforcement, Supervision agency |
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Wyoming | Wyo. Stat. Ann. § 5-3-202 | Duties generally |
Each clerk of the district court shall keep and make up the records and books of the court of his particular county, receive all cases filed therein, properly record and attend to the same, and shall have the care and custody of all the records, seal, books, papers and property pertaining to his said office or the court of the county for which he is elected and which may be filed or deposited therein, and shall receive, account for and pay over all money that may come into the possession of the court according to law, and under the orders or decrees of the court, except that which shall be received by master commissioners. He shall keep all records and files in criminal cases, and attend to all duties required of the clerk in relation thereto. He shall attend upon the terms of court held in the county for which he is elected, and perform such duties relating to his office as may be required of him by the court, and shall perform all such other duties relating to his office as are required of him by law or the rules and practice of the courts.
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Obligation to collect or record | Clerk |
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Wyoming | Wyo. R. Crim. P. 32(c)(2) | Judgment and Sentence |
(c) Sentence. (2) Contents. A written sentence shall be signed by the judge and entered by the clerk of court without delay. The sentence may be included in the judgment or separately entered. Except for forfeit offenses for which citations have issued, other misdemeanors where the penalty imposed does not exceed a fine of $200.00, and pleas entered under Rule 43(c)(2), as a minimum the sentence shall:
(A) State each offense for which sentence is imposed, including the statute number and whether the offense is a felony or a misdemeanor; (B) State the sentence imposed for each convicted offense including for felonies the minimum and maximum term and state whether multiple sentences are to run concurrently or consecutively; (G) Include an assessment for the victims of crime compensation fund as required by W.S. 1-40-119; and (H) Include a finding as to whether the defendant is able to make restitution and if restitution is ordered fix the reasonable amount owed to each victim resulting from the defendant's criminal acts. |
Obligation to collect or record | Clerk, Court |
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Wyoming | Wyo. Gov't. Access Ct. Rec. Rule 4 | When Court Records May be Accessed |
Court records shall be available for public access in the court facilities where the records are kept, during regular business hours. Upon receiving a request for access to court records, the custodian shall respond within a reasonable time regarding the availability of the records, and shall provide or deny access thereto within a reasonable time. Court records shall be provided at a time and in a manner that does not unreasonably interfere with other business of the courts. Electronic records to which the court allows remote access shall be available for public access at any time, subject to normal system maintenance and unexpected technical failures.
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Obligation to respond to public records requests | Clerk |
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Wyoming | Wyo. Gov't. Access Ct. Rec. Rule 3 | General Policy |
Court records are presumed to be open to public access during the regular business hours of the court, except as provided herein or otherwise provided by law. These rules are not intended to limit the access of parties and attorneys to case records of cases in which they are involved, but such access may be limited by court order. No custodian may restrict access or allow greater access to court records than as provided herein or otherwise provided by law.
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Obligation to respond to public records requests | Clerk |
Collections Infrastructure
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Wyoming | Wyo. Stat. Ann. § 5-2-201 | Duties Generally |
The clerk of the supreme court shall be subject to and perform the duties, prescribed for him by the supreme court, and as or may be prescribed by law. He shall collect in advance, all fees hereinafter enumerated to be paid for his services as such officer
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Clerk |
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Wyoming | Wyo. Stat. Ann. § 5-2-303 | Fees |
The bailiff of the supreme court, for serving any summons in error, or order, shall collect and pay into the state treasury, the same fee which is provided by law for sheriffs for similar services.
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Law enforcement |
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Wyoming | Wyo. Stat. Ann. § 7-6-108 | Recovery of payment |
(a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his custodial parent or any other person who has a legal obligation of support.
(b) Amounts recovered under this act shall be paid into the state general fund. |
District attorney |
Revenue Flow
| State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Wyoming | Wyo. Stat. Ann. § 6-8-104(u),(w) | Wearing or carrying concealed weapons; penalties; exceptions; permits |
(u) All monies collected pursuant to this section shall be deposited in the general fund. (w) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general fund of the county.
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General Fund |
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Wyoming | Wyo. Stat. Ann. § 5-9-144 | Receipts for money paid into court |
When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5-9-106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer. The court automation fee prescribed by W.S. 5-9-135 or established by court rule shall be deposited by the state treasurer into the judicial systems automation account established by W.S. 5-2-120. The indigent civil legal services fee prescribed by W.S. 5-9-135 shall be deposited by the state treasurer into the indigent civil legal services account established by W.S. 5-2-121. The police officer continuing education and training fee prescribed by W.S. 31-5-1201(h) shall be deposited by the state treasurer into the account in the enterprise fund under W.S. 9-1-633(n).
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State/statewide agency |
judicial systems automation account; indigent civil legal services account; enterprise fund |
All |
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Wyoming | Wyo. Stat. Ann. § 1-40-119(e) | Surcharge to be assessed in certain criminal cases; paid to account |
Monies paid to the court by a defendant shall be applied to the surcharge before being applied to any fine, penalty, cost or assessment imposed upon the defendant. The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the division for deposit in the account.
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All courts | N/A | All |
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Wyoming | Wyo. Stat. Ann. § 7-13-1204(a)(iv) | Program criteria |
(a) A teen court program may be established under this act in accordance with the following criteria: (iv) The teen defendant, as a condition of participation in the teen court program, may be required to pay a nonrefundable fee not to exceed ten dollars ($10.00). Fees collected under this paragraph by a municipal court shall be credited to the treasury of the municipality. Fees collected under this paragraph by a circuit court shall be credited to the treasury of the county;
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Municipality/municipal agency |
County |
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Wyoming | Wyo. Stat. Ann. § 7-13-1616(e) | Surcharge to be assessed in certain criminal cases; paid to account |
The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the department for deposit in the account. |
Clerk | N/A | All |
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Wyoming | Wyo. Stat. Ann. § 7-19-108(b) | State General Fund |
Criminal justice agencies which fingerprint applicants at the request of noncriminal justice agencies for criminal history record information may charge a reasonable fee of not more than five dollars ($5.00) for fingerprinting. Fees collected under this subsection shall be credited to the state general fund or to the general fund of the appropriate county or municipality.
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State/statewide agency |
County; municipality/municipal agency. |
All |
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Wyoming | Wyo. Stat. Ann. § 7-13-1706 | Distribution of testing fees |
The sheriff shall collect and transmit testing fees to the state treasurer to be credited to the 24/7 sobriety program account created by W.S. 7-13-1707. The fees shall be distributed as provided by this article and the rules.
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State/statewide agency | N/A | All |
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Wyoming | Wyo. Stat. Ann. § 7-6-108 | Recovery of payment |
(a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his custodial parent or any other person who has a legal obligation of support.
(b) Amounts recovered under this act shall be paid into the state general fund. |
General Fund | N/A | All |
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Wyoming | Wyo. Stat. Ann. § 7-16-205(a) | Disposition of Earnings |
(a) Payment for services performed by any prisoner under W.S. 7 16 202 shall be deposited in the trust and agency account at the institution and shall be disbursed for the purposes provided in this subsection and in the order specified: (i) Unless the prisoner is serving a sentence of death or life without the possibility of parole or is subject to mandatory savings under W.S. 25 13 107(b)(i), ten percent (10%) shall be credited to the prisoner's personal savings account within the correctional facility's trust and agency account, until the prisoner's account has a balance of one thousand dollars ($1,000.00). Once the prisoner's personal savings account balance reaches one thousand dollars ($1,000.00), the income otherwise distributed to the prisoner's savings account under this paragraph shall be distributed to the prisoner as provided by paragraphs (ii) through (vi) of this subsection. Funds in the prisoner's personal savings account shall be paid to the prisoner upon parole or final discharge; (ii) Support of dependent relations of the prisoner; (iii) Personal necessities and assessments of fees for programs, services and assistance pursuant to subsection (e) of this section; . . . (v) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1 40 119, victims compensation obligations under W.S. 1 40 112(g) and the surcharge imposed under W.S. 7 13 1616; (vi) Remaining funds shall be paid the prisoner upon parole or final discharge.
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Private actors |
Prisoner; state/state agency. |
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Wyoming | Wyo. Stat. Ann. § 7-13-109(d) | Payment of jail costs by inmate |
Any costs paid by a person under this section shall be deposited in the county general fund to help defray the costs the jail facility incurred in providing room and board to the person.
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County | N/A | All |
Court Rules
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Wyoming | Wyo. Ct. R. 1 | Costs and fees in criminal actions. |
(a) Circuit courts shall collect for every criminal/traffic charge (count) for which aconviction results unless otherwise specifically excepted by statute or court rule, costs
in the sum of $20.00 which shall + See morebe assessed as part of the sentence. In addition, for
every criminal/traffic charge (count) for which a conviction results unless otherwise
specifically excepted by statute or court rule, a fee of $20.00 shall be imposed, $10.00 of
which shall be deposited into the judicial systems automation account established by
W.S. § 5-2-120 and $10.00 of which shall be deposited into the indigent civil legal
services account established by W.S. § 5-2-121.
(b) For every charge (count) the court shall impose the costs and fees provided for
under paragraph (a) above, and the victim’s compensation fee as required by W.S.
§ 1-40-119, unless the court determines the defendant has an inability to pay and that
no reasonable probability exists that the defendant will have an ability to pay.
(Amended August 13, 2002, effective September 1, 2002; amended December 17, 2002,
effective January 1, 2003; amended May 25, 2010, effective July 1, 2010.)
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Fines and fees |
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Wyoming | Wyo. Ct. R. 7 | Over Payments | In the case of over payments, a refund need not be made unless the over payment exceeds $10.00. | Fines and fees |
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Wyoming | Wyo. Ct. R. 2 | Municipal Courts |
(a) Costs and fees assessed and collected in municipal courts shall be fixed by ordinance in each city and town but costs shall not exceed $10.00. Such costs shall be remitted + See moreto the city or town treasurer. By ordinance, a city or town may prescribe either a court automation fee of $10.00 or an indigent civil legal services fee of $10.00 or both as a cost to be paid by every person guilty of a violation of a city or town ordinance, and if so prescribed those fees shall be remitted to the judicial systems automation account established by W.S. § 5-2-120 and the indigent civil legal services account established by W.S. § 5-2-121. (b) Record check requests. All requests for a record check shall be submitted in writing by the applicant. Response to the request for a record check shall be made by the court in writing as soon as practicable after the written request is received by the court. The fee for checking municipal court records shall be ten dollars ($10.00). Payment of the $10.00 fee for each record check shall be made in cash or check payable to the court. No charge shall be made for checking municipal court records if requested by an employee of a governmental agency. Any request for copies of documents shall be billed separately above and beyond any fee charged as set forth herein. This rule and the charge provided only applies to services required from court personnel to check and/or abstract court records. This rule has no application to the personal examination of any court records including indexes by any individual desiring information from these public records.
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Fines and fees |
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Wyoming | Wyo. R GOV ACCESS CT REC R. 6 | Court Records Not Available for Public Access |
Public access to court records may be prohibited by statute, administrative rule, court rule, or court order. The below list serves as a partial list of the public access restrictions: + See more(a) Records listed in Wyo. Stat. Ann. § 16-4-203(b) and (d).(b) Adoption and confidential intermediary records pursuant to Wyo. Stat. Ann. §§ 1-22-104(d), (e), and 1-22-203(c).
(c) Attorney discipline records pursuant to Disciplinary Code §§ 5 and 12(h) and Lawyers' Assistance Committee Rule 4C.
(d) Mediation proceeding records pursuant to Wyo. Stat. Ann. § 1-43-102 and agricultural mediation services records pursuant to Wyo. Stat. Ann. § 11-41-106.
(e) Domestic violence protection order petitioners' and their children's identifying information pursuant to Wyo. Stat. Ann. § 35-21-105(e).
(f) Grand jury records pursuant to Wyo. Stat. Ann. §§ 7-5-207, 7-5-208, and 7-5-308.
(g) Guardianships and conservatorships records pursuant to Wyo. Stat. Ann. § 3-1-110(a) and § 16-4-203(b) and (d).
(h) Involuntary commitment records pursuant to Wyo. Stat. Ann. § 25-10-122.
(i) Records from child abuse and neglect proceedings, including but not limited to records of the multidisciplinary team, pursuant to Wyo. Stat. Ann. §§ 14-3-424, 14-3-427(g), 14-3-437, and 14-3-439, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-3-435.
(j) Records related to juvenile justice proceedings in the district court, including but not limited to records of the multidisciplinary team, pursuant to Wyo. Stat. Ann. §§ 14-6-203(g) and (j), 14-6-227(g), 14-6-239, and 14-6-240, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-6-236.
(k) Records related to children in need of supervision proceedings, including but not limited to records of the multidisciplinary team pursuant to Wyo. Stat. Ann. §§ 14-6-437 and 14-6-427, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-6-435.
(l) Presentence investigation reports pursuant to Wyo. Stat. Ann. § 7-13-409.
(m) Search warrant applications and affidavits until served and returned, pursuant to W.R.Cr.P. 41(i).
(n) Discovery material or other items submitted to a court for in camera review.
(o) Trial juror addresses, qualification forms, and questionnaires, except to the parties in the case, if disclosure is restricted or prohibited by the court.
(p) Mental health and counseling records pursuant to Wyo. Stat. Ann. §§ 33-27-123, 33-38-113, 9-2-125, and 9-2-126.
(q) Substance abuse evaluation reports pursuant to Wyo. Stat. Ann. §§ 9-2-125 and 16-4-203(d)(i).
(r) Records sealed by a court.
(s) Sexual assault victim's identifying information prior to filing of the information or indictment in district court, and minor sexual assault victim's name pursuant to Wyo. Stat. Ann. § 6-2-319(a) and (b).
(t) Medical records pursuant to Wyo. Stat. Ann. § 16-4-203(d)(i).
(u) Crime victim's compensation application pursuant to Wyo. Stat. Ann. § 1-40-107(d).
(v) Probation counselor case records pursuant to Wyo. Stat. Ann. § 5-3-504(b).
(w) Court supervised treatment program information pursuant to Wyo. Stat. Ann. § 7-13-1610.
(x) Criminal history record information pursuant to Wyo. Stat. Ann. § 7-19-106.
(y) Sex offender registration information pursuant to Wyo. Stat. Ann. § 7-19-303(b).
(z) Administrative subpoena information regarding child exploitation investigations pursuant to Wyo. Stat. Ann. § 9-1-640(j), unless in connection with a criminal case related to the subpoenaed materials.
(aa) Genetic testing information pursuant to Wyo. Stat. Ann. § 14-2-710(c).
(bb) Parentage adjudication information pursuant to Wyo. Stat. Ann. § 14-2-819, other than the final judgment.
(cc) Child abuse and neglect information pursuant to Wyo. Stat. Ann. § 14-3-214.
(dd) Domestic relations financial affidavits and records pursuant to Wyo. Stat. Ann. § 20-2-308(d).
(ee) Motor vehicle accident reports pursuant to Wyo. Stat. Ann. §§ 31-5-1110 and 1111.
(ff) Adult protective services information pursuant to Wyo. Stat. Ann. § 35-20-112(a) and (b).
(gg) Confidential fair market value information in eminent domain proceedings pursuant to Wyo. Stat. Ann. § 1-26-704(d).
(hh) Sexual assault victim medical examination information and reports pursuant to Wyo. Stat. Ann. § 6-2-309(m).
(ii) Sexually transmitted disease examination information and reports pursuant to Wyo. Stat. Ann. § 7-1-109(f).
(jj) Patient records from the Wyoming Life Resources Center pursuant to Wyo. Stat. Ann. § 25-5-131.
(kk) Coroner's records, including toxicology reports, photographs, video recordings or audio recordings made at the scene of the death or made in the course of postmortem examinations pursuant to Wyo. Stat. Ann. § 7-4-105.
Any party or other person making a filing in a case, wherein it is necessary to attach documents that are prohibited for public release by statute, administrative rule, court rule, or court order, shall make that filing a redacted filing in accordance with Rule 7, herein.
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Transparency |
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Wyoming | WY R GOV ACCESS CT REC R. 4 | When Court Records May be Accessed |
Court records shall be available for public access in the court facilities where the records are kept, during regular business hours. Upon receiving a request for access to court records, + See morethe custodian shall respond within a reasonable time regarding the availability of the records, and shall provide or deny access thereto within a reasonable time. Court records shall be provided at a time and in a manner that does not unreasonably interfere with other business of the courts. Electronic records to which the court allows remote access shall be available for public access at any time, subject to normal system maintenance and unexpected technical failures.
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Transparency |
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Wyoming | W.R. Cr. P. Rule 32.1 | Offender Payments and Restitution |
The clerk of court shall use the following prioritized order when distributing offender payments and restitution: 1. Crime Victims Compensation Surcharge (Wyo. Stat. Ann. § 1-40-119) 2. Judicial Systems Automation Fee (Wyo. Stat. Ann. + See more§ 5-2-120) 3. Indigent Civil Legal Services Fee (Wyo. Stat. Ann. § 5-2-121)4. Restitution as follows: a) Restitution payments received by a court shall be forwarded to the third party whenever the court has received funds totaling $25 or more. Nothing in this rule shall be construed as to limit any number of additional payments the clerks may choose to make. b) If there are multiple victims in a case, the clerk shall pay out to each victim in equal amounts, but may hold those monies until the clerk has received funds totaling $25 per victim. c) If six months between restitution payments have lapsed, the clerk shall pay out in equal amounts the remainder of monies held. 5. Drug Court Surcharge (Wyo. Stat. Ann. § 7-13-1616) 6. Court costs 7. Fines 8. Fees (in the following order, including but not limited to: public defender fee, prosecution fee, addicted offender fee, probation fee, jail costs, extradition fee, and other fees). 9. Contempt.
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Structure of Courts
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Wyoming | Wyo. Const. Art. V, Sec. 2 | Supreme court generally; appellate jurisdiction |
The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.
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Supreme Court | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, Sec. 10 | District courts generally; jurisdiction |
The district court shall have original jurisdiction of all causes both at law and in equity and in all criminal cases, of all matters of probate and insolvency and of such special cases and proceedings as are not otherwise provided for. The district court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, injunction and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective districts.
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District Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-3-101 | Judicial districts enumerated; terms of court |
(a) The state of Wyoming is divided into judicial districts as follows: (i) The county of Laramie is the first judicial district; (ii) The counties of Albany and Carbon are the second judicial district; (iii) The counties of Sweetwater, Lincoln and Uinta are the third judicial district;
(iv) The counties of Johnson and Sheridan are the fourth judicial district; (v) The counties of Big Horn, Hot Springs, Park and Washakie are the fifth judicial district; (vi) The counties of Campbell, Crook and Weston are the sixth judicial district; (vii) Natrona county is the seventh judicial district; (viii) The counties of Converse, Platte, Goshen and Niobrara are the eighth judicial district; (ix) The counties of Fremont, Teton and Sublette are the ninth judicial district. (b) Notwithstanding any other provision of law, there shall be one (1) continuous term of court for the district courts of the state. The continuous term of court shall in no way affect the power of a court to take action in any cause or matter. |
District Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-6-101 | Created and established |
There is hereby created and established in each of the incorporated cities or towns in the state of Wyoming, whether incorporated or existing under a special charter or a general act, and whether now in existence or hereafter incorporated under the laws of the state, a municipal court for the trial of all offenses arising under ordinances of said incorporated city or town, as the case may be.
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Municipal court | Creation of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-8-102 | Jurisdiction |
(a) The juvenile court has general jurisdiction in all matters and proceedings commenced therein or transferred to it by order of the district court concerning: (i) Any minor alleged to be delinquent as defined in W.S. 14 6 201; (ii) Any minor alleged to have committed a delinquent act before attaining the age of majority; (iii) Any minor alleged to be neglected as defined in W.S. 14-3-402; (iv) Any minor alleged to be in need of supervision as defined in W.S. 14 6 402; (v) The parents, guardian or custodian of any minor alleged to be delinquent, in need of supervision or neglected, and all persons living in the household with the minor; and (vi) Procedures governing abortions performed upon minors as provided under W.S. 35 6 118. For proceedings under this paragraph, "minor" shall mean as defined in W.S. 35 6 101(a)(x).
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Juvenile Court | Jurisdiction of the courts |
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Wyoming | Wyo. Stat. Ann. § 5-9-102 | Circuit court established; funding |
(a) Pursuant to the provisions of section 10 of article 5 of the Wyoming Constitution, a circuit court is hereby established for each judicial district of the state of Wyoming enumerated in W.S. 5 3 101, and the boundaries of each circuit court shall be the same as those of each judicial district enumerated therein. Except as otherwise provided in this act, each county within the circuit shall receive the services of the circuit court. (b) The judicial salaries, salaries of the clerical staff, supplies, operating costs, jury expenses and other expenses of the circuit court shall be paid by the state.
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Circuit Court | Creation of the courts |
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Wyoming | Wyo. Stat. Ann. § 7-13-1102 | Authority to establish programs; rulemaking authority |
(a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for probationers and parolees. (b) An intensive supervision program established under this article may require: (i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel; (ii) Community service work, family, educational or vocational counseling, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant; and (iii) Imposition of supervision fees to be paid by participants.
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Department of Corrections | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, § 3 | Supreme court generally; original jurisdiction |
The supreme court shall have original jurisdiction in quo warranto and mandamus as to all state officers, and in habeas corpus. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any district court of the state or any judge thereof.
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Supreme Court | Jurisdiction of the courts |
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Wyoming | Wyo. Const. Art. V, § 1 | How judicial power vested |
The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts, and such subordinate courts as the legislature may, by general law, establish and ordain from time to time. (As amended by Laws 1965, Senate Joint Resolution No. 1, p. 518.)
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Judiciary | Creation of the courts |
Case Law
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Wyoming | Murray v. State, 855 P.2d 350), (WY 1993) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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With respect to imposing a surcharge on a defendant under Section 1-40-119, the court is required to find an ability to pay before ordering an assessment. |
We agree with Appellant that the court was required to find that he had [**28] an ability to pay before ordering the assessment. Murray v. State, 1993 Wyo. LEXIS 110, *27-28, + See more855 P.2d 350, 359 (Wyo. 1993)
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Ability to pay |
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Wyoming | Murray v. State, 855 P.2d 350), (Wyo. 1993) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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With respect to imposing restitution under Section 7-9-103(a) and 7-9-102, the court must only make a specific finding when the defendant does not have any ability to pay. |
Henceforth, the court must make a specific finding only when the defendant does not have a present or prospective ability to pay. Although the court is not required to specifically + See morefind that a defendant has the ability to pay, the record must still contain evidence to support the existence of a present or future ability to pay. Murray v. State, 1993 Wyo. LEXIS 110, *26-27, 855 P.2d 350, 359 (Wyo. 1993)
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Ability to pay |
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Wyoming | Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | The court has the authority to require the defendant's payment of his legal fees. |
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services.
Billis v. State, 800 P.2d 401, + See more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
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Fines and fees |
Attorney General Opinions
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Wyoming | 1980 Wyo. Att'y Gen. Op. No. 80-09 (May 29, 1980) | Opinion No. 80-09 (1980) | What authority do county or municipal courts have to set fines or fees? |
A municipality may adopt an ordinance providing for a lesser penalty than that provided for by the statutory code, which provides for mandatory jail sentence of one day for any + See moreperson convicted of driving or being in control of a motor vehicle while under the influence of intoxicating liquor, etc.
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There are cases which hold that municipalities may not enact their own penalties; and cases which hold to the contrary. The differences between the cases appear to turn on a + See morecombination of factors. In arriving at these diverse results, courts have recognized the following distinctions: felonies or misdemeanors; the presence or absence of home rule; the presence or absence of express municipal authority; and the presence or absence of clear and express language indicating state preemption.
For the reasons hereafter stated, we conclude that municipalities may enact their own penalties for the crime of DWUI. Although some may believe the result anomalous, we find merit in the argument that had the legislature intended to impose mandatory jail sentences on our cities and towns, it would have done so by simple, clear, and express language. Municipalities have express powers to govern themselves and to regulate local affairs. Municipalities have been granted express power to regulate the use of streets by the legislature. Clear and express limitation of the power to regulate the use of streets does not appear in the statutes; nor has the legislature clearly and expressly indicated its desire to gain exclusive jurisdiction over DWUI in W.S. 31-5-233 (1977) or in Senate Enrolled Act No. 32. The provision of a lesser penalty in a municipal ordinance does [*12] not create conflict with a state law on the same subject, provided the crimes are of a similar class. Therefore, municipalities may regulate DWUI by passing ordinances with lesser penalties than provided by Senate Enrolled Act No. 32.
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Fines and fees |
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Wyoming | 1985 Wyo. Att'y Gen. Op. No. 85-001 (April 19, 1985) | 1985 Op. Atty Gen. Wyo. 1 | Other applicable opinions | The county sheriff or county may proceed against a person that is physically incarcerated for all medical bills when the person is incarcerated, regardless of the source of the injury. |
In conclusion, then, the county sheriff is responsible for all medical bills incurred in the treatment of those persons who are in his custody, whether or not such persons have + See moreever been physically incarcerated in the county jail and regardless of the source of the injury. The county commissioners must reimburse him for these costs. A person's indigency has no bearing upon the initial determination of responsibility. If the person is not indigent the sheriff or county may proceed against him in a suit for reimbursement. [*12] If the person is in fact indigent, the sheriff or county has no recourse for recovery against either the county hospital or the state welfare system.
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Wyoming | 1987 Wyo. Att'y Gen. Op. No. 87-006 (May 28, 1987) | 1987 Op. Atty Gen. Wyo. 19 | The clerk of court shall collect and disburse restitution payments. |
DISCUSSION I
Who should accept and disburse restitution payments from defendants?
Section 7-13-312, W.S. 1977, (1986 Cum. Supp.), states in part, "Restitution payments shall be made to the office of the clerk + See moreunless otherwise ordered by the court." The Wyoming Supreme Court has stated that when the word 'shall' is employed, it is usually legally accepted as mandatory, Mau v. Stoner, 14 Wyo., 183, 83 P. 218, 219 (1905). In construing statutes, "Unless the context otherwise indicates, the use of the word 'shall' (except in its future tense) indicates a mandatory intent". 1A Sutherland Statutory Construction, § 25.04 [*2] p. 301 (4th Ed. Sands); Ginnavan v. Silverstone, 246 Md. 500, 229 A.2d 124, 127." Mayland v. State, Wyo., 568 P.2d 897, 899 (1977). Clearly, the legislature, by the word 'shall', intended the clerk of court to collect and disburse restitution payments. Upon an order of restitution by the sentencing court, it becomes mandatory for the office of the clerk to administer the restitution. "The clerk of each of the courts shall exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law; and in the performance of his duties he shall be under the direction of his court." Section 5-7-101, W.S. 1977. Although the statute does not specifically provide for disbursement, where the legislature provided for the clerk to collect restitution it can be inferred that the legislature also intended the clerk to disburse restitution.
Section 14-6-229(f)(i), W.S. 1977, allows a juvenile court to order a child to make restitution for any damage or loss caused by his wrongful act. Title 14 of the Wyoming Statutes does not specifically state a procedure for collecting and disbursing restitution payments from juveniles. However, Wyoming courts have [*3] held that statutes dealing with related subjects or having the same general purpose must be read in pari material in order to ascertain intelligent meaning and achieve uniformity. Kuntz v. Kinne, Wyo., 395 P.2d 286 (1964); Stringer v. Board of County Commissioners of Big Horn County, Who., 347 P.2d 197 (1960). Therefore, Section 14-6-229(f)(i), W.S. 1977, and Section 7-13-312, W.S. 1977, must be read in pari materia as to methods of collecting and disbursing restitution payments from both juvenile and criminal defendants.
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Revenue flow | |
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Wyoming | 1987 Wyo. Att'y Gen. Op. No. 87-006 (May 28, 1987) | 1987 Op. Atty Gen. Wyo. 19 | After incarceration the board of parole has exclusive jurisdiction to administer the restitution imposed at sentencing by the court. |
After incarceration the board of parole has exclusive jurisdiction to administer the restitution imposed at sentencing by the court. Section 7-13-424, W.S. 1977, provides the board of parole with + See morea comprehensive scheme of parole restitution: the board shall provide for restitution on parole, may modify restitution imposed by the sentencing court, modify restitution imposed by the board or waive it entirely.
Under § 7-13-413, W.S. 1977, the board is given the power to adopt rules and regulations governing the performance of duties of parole officers and the administration of the act. Thus it is reasonable that the probation and parole board could take on the responsibility of collecting and disbursing restitution if so ordered by the court.
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Enforcement | |
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Wyoming | 1987 Wyo. Att'y Gen. Op. No. 87-006 (May 28, 1987) | 1987 Op. Atty Gen. Wyo. 19 | Wyoming Crime Victims Compensation Commission, created through the Crime Victims Compensation Act, can collect restitution and authorize and order compensation payments be paid directly to a victim or third party. |
Sections 1-40-101 through 1-40-119, W.S. 1977, (1986 Cum. Supp.) created the Crime Victims Compensation Act. (Laws 1985, ch. 213, § 1). Under this Act, restitution paid by a criminal defendant + See morepursuant to §§ 7-13-307, through 7-13-315, W.S. 1977, goes directly to the Wyoming Crime Victims Compensation Commission after the Commission awards compensation to the victim. Such restitution is deposited in the Commission's account and used to set off against a judgment in favor of the state in a civil action. Section 1-40-112(c)(i), W.S. 1977, (1986 Cum. Supp.). [*7] The Commission reduces the amount of the compensation due the victim by the amount of restitution paid. Section 1-40-122(c)(ii). If restitution has been ordered, but not paid, the victim may be compensated by the Commission and shall reimburse the Commission when and if the defendant pays.
Section 1-40-112, W.S. 1977 (1986 Cum. Supp.) was amended by the 1987 general session of the 49th Wyoming Legislature. A new subsection (g), effective May 22, 1987, states any payment of benefits to, or on behalf of a victim or other claimant under the Crime Victims Compensation Act creates a debt due the state by any person found by a criminal court to have committed a criminal act. Payment of the debt shall be a condition of probation, Laws 1987, ch. 119, § 1-40-112(g). In making payment of the debt a condition of probation or parole, the court or board of parole sets the schedule or amount of payments.
The Commission has the authority to authorize compensation payments directly to the victim or to a third party. Section 1-40-108(d)(iii), W.S. 1977, (1986 Cum. Supp.). Similarly, the court could order direct payments to victims under the Restitution to Crime Victims Act, Sections 7-13-307 through 7-13-315, W.S. 1977. The victim's remedies for non-payment would be reporting the failure to the prosecuting attorney, the court or the probation and parole officer if applicable.
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The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.