Court Supervised Treatment Programs

Wyo. Stat. Ann. tit. 5, ch. 12
in effect

Wyo. Stat. Ann. § 5-12-101 Short title; court supervised treatment.

(a) This act shall be known as and may be cited as the "Court Supervised Treatment Programs Act." (b) Any district, juvenile, circuit, municipal or tribal court judge or circuit court magistrate may act as a participating judge in a court supervised treatment program established pursuant to this act.

Wyo. Stat. Ann. § 5-12-102 Rules.

The Wyoming supreme court may promulgate rules of practice for the participation of judges in court supervised treatment programs.

Wyo. Stat. Ann. § 5-12-103 Judicial immunity.

A judge participating in a court supervised treatment program shall be entitled to immunity for actions taken in a court supervised treatment program to the same extent the judge would be entitled to immunity for other actions performed in accordance with law.

Wyo. Stat. Ann. § 5-12-104 Definitions.

(a) As used in this act: (i) "Account" means the court supervised treatment account created by W.S. 5-12-107(a); (ii) "Applicant" means one (1) or more governing bodies of a city, town or county, a tribal government of either the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation or a nonprofit organization recognized under 26 U.S.C. 501(c)(3); (iii) "Continuum of care" means a seamless and coordinated course of substance use disorder education and treatment, mental health treatment or any combination thereof designed to meet the needs of participants; (iv) "Department" means the Wyoming department of health; (v) "Dual diagnosis" means a substance use disorder and a co-occurring mental health disorder; (vi) "Participant" means a person with a mental illness or a dual diagnosis who committed or is alleged to have committed an offense, including those who have had law enforcement contact for such offenses with or without arrest, or a substance offender or any other person as provided in title 14 of the Wyoming statutes who has been referred to and accepted into a program; (vii) "Participating judge" means the district, juvenile, circuit, chancery, municipal or tribal court judge or magistrate or retired district, circuit or chancery court judge acting as part of a program team; (viii) "Program" means one (1) or more local court supervised treatment or mental health programs that comply with rules and regulations adopted by the Wyoming supreme court; (ix) "Program coordinator" means the person responsible for coordinating the establishment, operation, evaluation and integrity of a program; (x) "Program team" means the team created pursuant to W.S. 5-12-111(a); (xi) "Recidivism" means any subsequent criminal charge; (xii) "Referring judge" means the district, juvenile, circuit, municipal or tribal court judge or magistrate who refers a participant to a program; (xiii) "Staffing" means the meeting of a program team before a participant's entry into the program, and during the participant's participation in the program, to plan a coordinated response to the participant's behaviors and needs; (xiv) "Substance" means alcohol, any controlled substance as defined in W.S. 35-7-1002(a)(iv), any substance used for mind altering purpose or over-the-counter medications and inhalants which are used in a manner not intended by the manufacturer; (xv) "Substance use disorder assessment" means as defined in W.S. 7-13-1301(a)(v); (xvi) "Substance use disorder treatment" means treatment designed to provide education, therapy and medication, as appropriate, directed toward ending a substance use disorder and preventing its return; (xvii) "Substance offender" means a person arrested for, charged with or adjudicated for a substance related offense or an offense in which substance use is determined from the evidence to have been a significant factor in the commission of the offense; (xviii) "Mental health treatment" means medication, therapy and prescribed care designed to address disturbances in behavior, emotions, thoughts or judgment after an evaluation and mental health diagnosis or diagnostic impression has occurred; (xix) For purposes of W.S. 5-12-101 through 5-12-118, "mental illness" means schizophrenia, schizoaffective disorder, major depressive disorder, post-traumatic stress disorder or bipolar disorder, as diagnosed by a mental health professional; (xx) "Substance use disorder" means as defined by W.S. 35-1-613(a)(viii); (xxi) "This act" means W.S. 5-12-101 through 5-12-118.

Wyo. Stat. Ann. § 5-12-105 Purposes and goals.

(a) The legislature recognizes the critical need in this state for treatment programs to break the cycle of substance use disorders, unmet mental health needs and the crimes committed as a result thereof. Programs shall be facilitated by combining judicial supervision, probation, substance use disorder assessment, mental health screening, substance use disorder testing, monitoring, treatment or aftercare for participants. (b) The goals of the programs funded under this act shall be: (i) To reduce recidivism by participants; (ii) To strive for program retention and graduation of participants; (iii) To strive for recovery and mental wellness of participants; (iv) To reduce the number of people with mental illness in jail, criminal court proceedings and the state hospital; and (v) To monitor the services provided to participants.

Wyo. Stat. Ann. § 5-12-106 Standards for attorneys and judges.

(a) Attorneys, participating judges and referring judges shall adhere to the standards set forth in the Wyoming Rules of Professional Conduct for Attorneys at Law, the Wyoming Code of Judicial Conduct and any rules adopted by the supreme court governing program practices. (b) Referring judges in a particular case may be a participating judge in that participant's treatment program, provided the participating judge shall not act upon any motion to revoke probation that may be filed in the original criminal or juvenile case, nor in sentencing or disposition.

Wyo. Stat. Ann. § 5-12-107 Establishment of court supervised program account; rules and regulations; panel created; program funding.

(a) There is created a court supervised treatment program account. All interest earned on funds within this account shall be deposited in the account. The supreme court shall oversee and provide funding for programs from the court supervised treatment program account. Funds within the account shall be expended by the supreme court for the purposes of this act upon legislative appropriation provided, however, that surcharges deposited in the account pursuant to W.S. 5-12-118(e) shall be distributed to programs by the supreme court semiannually. (b) The supreme court shall determine whether an application for a program meets the qualifications specified in W.S. 5-12-118(b) and the rules and regulations promulgated by the supreme court pursuant to subsection (c) of this section. (c) Except as otherwise provided in this subsection, the supreme court shall promulgate rules and regulations necessary to implement this act, including establishing standards consistent with the key components of drug courts defined by the United States department of justice or such similar rules as may be adopted by the supreme court. The department of health, in consultation with the supreme court, shall promulgate rules for certification and accreditation requirements for treatment personnel. The rules promulgated by the supreme court shall: (i) Specify funding formulas for funding from the account which formula shall include provisions requiring local contribution to the cost of a program; (ii) Repealed by Laws 2025, ch. 160, § 2. (iii) Establish program requirements, operational standards and protocols for programs, program team and staff training requirements, program data collection and maintenance and incentive and sanction limitations. (d) The supreme court shall make the final determination whether an application for a court supervised treatment program meets the qualifications of this act and shall determine the funding amount for each successful applicant. The supreme court may deny an application for a new program if the funding for the new program would substantially affect funding levels for existing programs. (e) In addition to those funds deposited in the account created by this section, the supreme court may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the supreme court for the benefit of programs in Wyoming. (f) Nothing in this act shall prohibit a program from obtaining or providing supplemental funding. All supplemental funds received by a program shall be reported to the supreme court.

Wyo. Stat. Ann. § 5-12-108 Establishment of court supervised treatment programs.

(a) Any court supervised treatment program that meets the qualifications specified in this section and the supreme court's rules and regulations may apply for funding from the account on a form developed by the supreme court. (b) The applicant shall be the contracting agent for all its program contracts. All program employees of a program shall be employees of the applicant that was awarded a grant under this section, but referring judges, participating judges, other judicial branch personnel and department of corrections personnel shall not be program employees. All program funds and grants shall be managed by the applicant to whom a grant is awarded pursuant to the provisions of a contract between the supreme court and the applicant. (c) All program billing shall be the responsibility of the applicant. (d) The application shall identify participating judges and contain a plan for the participation of judges. The plan shall be consistent with rules adopted by the supreme court. (e) The application shall specify the treatment services to be provided by the program and shall identify the treatment providers. (f) The application shall include other information that may be required by the supreme court.

Wyo. Stat. Ann. § 5-12-109 Participation in programs; conditions; extended probation.

(a) Repealed by Laws 2025, ch. 160, § 2. (b) Any district, juvenile, circuit, municipal or tribal court judge, or magistrate, may refer a participant to a program. (i) Repealed by Laws 2025, ch. 160, § 2. (ii) Repealed by Laws 2025, ch. 160, § 2. (iii) Repealed by Laws 2025, ch. 160, § 2. (iv) Repealed by Laws 2025, ch. 160, § 2. (c) Referral and participation in a program and consent to participate shall be governed by the rules adopted by the supreme court and title 14 for juvenile participants. Consent shall also be in accordance with a written agreement between the participant and the program team. The agreement shall include the participant's consent to release of medical and other records relevant to his treatment history and assessment that meets the requirements of 42 U.S.C. 290dd-2(b) or 42 C.F.R. part 2.31, as applicable. Prior to a participant's entry into a written agreement, the participant shall be informed that he may be subject to a term of probation that exceeds the maximum term of imprisonment established for the particular offense charged, as provided in W.S. 5-9-134 and 5-12-116. (d) Nothing in this act shall confer a right or an expectation of a right to participate in a program, nor does this act obligate a program team to accept any proposed participant. Neither the establishment of a program nor anything herein contained shall be construed as limiting the discretion of a prosecuting attorney in regard to the prosecution of any criminal or juvenile case. (e) A program may accept participants from any other jurisdiction in the state.

Wyo. Stat. Ann. § 5-12-110 Incentives and sanctions; extended probation.

(a) The participating judge may grant reasonable incentives under the written agreement under W.S. 5-12-109(c) if he finds that since the last staffing, the participant: (i) Is performing satisfactorily in the program; (ii) Is benefiting from the program; and (iii) Has not violated any term or condition of the agreement. (b) The participating judge may impose reasonable sanctions under the written agreement, including but not limited to, expulsion from the program, incarceration for a period not to exceed thirty (30) days if the participant is an adult participating in a program post-adjudication, or detention for a period not to exceed thirty (30) days if the participant is a juvenile participating in a program post-adjudication, if the participating judge finds that since the last staffing the participant: (i) Is not performing satisfactorily in the program; (ii) Is not benefiting from the program; (iii) Has engaged in conduct rendering the participant unsuitable for the program; (iv) Has otherwise violated any term or condition of the written agreement; or (v) Is unable to participate in the program. (c) To ensure due process of law, expulsion from the program shall be at the discretion of the participating judge, following a hearing, based on the recommendation of the program team. Expulsion shall not occur without the participant first being notified of the reasons for the proposed expulsion and given an opportunity to be heard by the program team and the participating judge.

Wyo. Stat. Ann. § 5-12-111 Program team to be created; duties; program coordinator.

(a) Each applicant seeking to establish a program shall create a program team, consisting of the following members, all of whom shall be appointed by the applicant, subject to the individual consent of each appointee: (i) A participating judge; (ii) A prosecuting attorney; (iii) An attorney who practices criminal defense or serves as a guardian ad litem; (iv) A representative of the treatment providers; (v) The probation officer or other person who supervises participants; (vi) The program coordinator; and (vii) Other persons determined necessary and helpful by the participating judge. (b) The program team shall, when practicable, conduct a staffing prior to each program session to discuss and provide updated information regarding participants scheduled to appear during the session. After determining the progress or lack thereof for each participant, the program team shall agree on the appropriate incentives or sanctions to be applied. If the program team cannot unanimously agree on the appropriate action to be taken, the participating judge shall make a decision based upon the information presented during the staffing. (c) Each program shall have a program coordinator who shall be responsible for the general administration of the program.

Wyo. Stat. Ann. § 5-12-112 Confidentiality of treatment records.

Program staff shall be provided with access to all records of any state or local government relevant to the participant's treatment. The records and reports shall be maintained in a confidential file not available to the public and the contents thereof shall not be disclosed to any person outside the program without a court order. Program staff shall comply with the confidentiality rules contained in 42 U.S.C. 290dd-2 or 42 C.F.R. part 2, as applicable.

Wyo. Stat. Ann. § 5-12-113 Treatment and support services.

(a) Each program shall strive to establish a system to ensure that participants are provided treatment services that have been certified by the department. Each program team shall strive to determine the type and duration of treatment service appropriate for the participant's individualized needs, based upon objective medical diagnostic criteria. (b) The program team shall strive to establish an adequate continuum of care for each participant, including adequate support services and aftercare. (c) The program team shall strive to provide appropriate treatment to participants who have a dual diagnosis. (d) The relationship between each treatment provider and the program shall be governed by a memorandum of understanding, which shall include a requirement for the timely reporting of the participant's progress or lack thereof in treatment.

Wyo. Stat. Ann. § 5-12-114 Substance abuse testing.

(a) The program team shall require accurate and reliable substance use testing of participants. (b) Participants shall be required to submit to frequent, random and observed substance use testing. (c) The results of all substance use tests shall be provided to the program team as soon as practicable.

Wyo. Stat. Ann. § 5-12-115 Participant information and progress statistics.

(a) Participants may be required to provide access to the following information, the collection and maintenance of which by the program team shall be in a standardized format pursuant to rules and regulations of the supreme court: (i) Gender, race, ethnicity, marital status and child custody and support obligations; (ii) Criminal history; (iii) Substance use disorder history, including medical records and prior treatment; (iv) Employment, education and income history; (v) Number and health of children born to participants; (vi) Incidents of recidivism occurring before, during and after successful completion of a program, or failed participation in a program; (vii) Mental illness history, including medical records and prior treatment. (b) Programs shall maintain and report to the supreme court the following information pursuant to supreme court rules and regulations, none of which shall identify the participants: (i) The number of participants screened for eligibility, the number of eligible persons who were, and who were not, admitted to the program and their case dispositions; (ii) The costs of operation and sources of funding of the program.

Wyo. Stat. Ann. § 5-12-116 Municipal courts.

A municipal judge may place a criminal defendant on probation pursuant to W.S. 7-13-301 through 7-13-307 and require the defendant as a probationary condition to participate in a program under this act. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a program or a court supervised treatment program may exceed the maximum term of imprisonment established for the offense, but shall not exceed thirty-six (36) months.

Wyo. Stat. Ann. § 5-12-117 Program participation as a condition of parole.

(a) The state board of parole may, as a condition of parole, require a parolee to participate in a program established under this act, provided: (i) The program team accepts the parolee for participation in the program; and (ii) The parolee is subject to the rules and sanctioning powers of the program but remains under the authority of the board for all other matters related to the parole.

Wyo. Stat. Ann. § 5-12-118 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, any offense under W.S. 31-5-233 or 35-7-1001 through 35-7-1057 may be assessed a surcharge of not more than fifty dollars ($50.00). (b) The surcharge may be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or 35-7-1037 or who participates in any other diversion agreement for an offense specified in subsection (a) of this section. (c) The court may waive the surcharge if the person is unable to pay the surcharge or for any other good cause shown. The court shall consider all other financial obligations imposed on the defendant and set the surcharge so as not to create an undue financial burden on the defendant. (d) The surcharge shall be paid within ten (10) days of imposition. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt or other proceedings, including proceedings under W.S. 6-10-105, if applicable, to collect the surcharge may be initiated by the district attorney or by the court on its own motion. (e) The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the supreme court for deposit in the account.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title05.pdfFetched: 10/4/2026