§§ 25-1-101 through 25-1-103. [Repealed.]

Repealed by Laws 1992, ch. 25, § 4.

Editor's notes. —

These sections, which derived from Laws 1890-91, ch. 37, §§ 1 and 7 to 9, related to the composition, meetings and secretary of the board of charities and reform.

§ 25-1-104. Creation of department of corrections; duties; inspections of state institutions; regulation of prisoner produced goods.

1. The department of corrections is created. The department consists of the director who is the chief administrative officer and such divisions as the director may create.
2. The department of corrections has general supervision, control and custody of all penal institutions, and responsibility for the maintenance and repair of all buildings and grounds utilized by the institutions. Specifically the department has general supervision and control of, and shall provide for the care and maintenance of all inmates in the following state institutions:
   1. Wyoming state penitentiary;
   2. Wyoming honor farms and camps;
   3. Wyoming women’s center;
   4. Wyoming medium correctional institution;
   5. Adult community correctional facilities defined by W.S. 7-18-102(a)(i).
3. The department of corrections has general supervisory authority over state parolees and, subject to the order of the sentencing court, over probationers for whom the sentencing court requests supervision under W.S. 7-13-410(b).
4. The director shall:
   1. Personally inspect all state institutions under the department’s supervision and control at least once every year;
   2. Direct the general management of all state penal institutions enumerated in W.S. 25-1-104(b) and be responsible for the proper disbursement of all funds appropriated for their maintenance;
   3. Direct the general management of the state probation and parole program; and
   4. Appoint, prescribe the duties of, and remove at will the following officers:
      1. Wardens of the Wyoming state penitentiary, medium correctional institution, women’s center and Wyoming honor farms and camps;
      2. and (C) Repealed by Laws 2005, ch. 93, § 2;

         (D) The state probation and parole officer.

5. The officers provided for under W.S. 25-1-104(d)(iv)(A) and (D) shall:
   1. Serve as administrator of and manage the institutions to which they are appointed subject to the supervision of the director;
   2. Employ personnel necessary and approved by the director and the Wyoming legislature;
   3. Report to the director as required.
6. The director may appoint and may remove at will a deputy director and division administrators.
7. The department shall establish rules and regulations regarding the provision of services and the production of goods by prisoners at all state corrections institutions including but not limited to labor requirements, wage rates, use of goods within the institution of origin, sales price and method of distribution to other institutions or the general public. In promulgating rules relating to correctional industries programs authorized by W.S. 25-13-101 through 25-13-107 , the department shall adhere to the requirements of the private sector prison industry enhancement certification program of the federal bureau of justice assistance. Rules and regulations promulgated under this subsection shall place limitations on competition with the private sector and will ensure that no contract entered into under W.S. 25-13-101 through 25-13-107 will result in the displacement of employed workers in the state in excess of limitations established by the correctional industries advisory board created by W.S. 25-13-102 .
8. The department of corrections has general supervision and control of, and shall provide for the care and maintenance of all inmates who have been placed in institutions of other jurisdictions or private entities pursuant to contracts or agreements under W.S. 25-1-105(e).
9. The director may order returned to the custody of the department any person under the department’s jurisdiction. The written order of the director shall be sufficient warrant for any peace officer to return to actual custody any escaped state prisoner or any state prisoner released prior to his scheduled release date or who is about to be released by another jurisdiction prior to his scheduled release date in Wyoming. It is the duty of all peace officers to execute the order of the director issued under this subsection in like manner as ordinary criminal process. A person taken into custody under the order of the director is not subject to release on bail. Consistent with W.S. 7-3-201 through 7-3-227 , the director may apply to the governor to seek the extradition of an inmate apprehended in another state pursuant to an order of the director issued under this subsection.
10. The department of corrections shall issue certificates of restoration of voting rights pursuant to W.S. 7-13-105(b) and (c).

History. Laws 1890-91, ch. 37, § 2; 1895, ch. 82, § 1; 1899, ch. 17, § 3; R.S. 1899, §§ 633, 692; Laws 1903, ch. 46, § 3; C.S. 1910, §§ 437, 580, 582; Laws 1913, ch. 63, §§ 1, 3; C.S. 1920, §§ 499, 620, 621, 669, 671; Laws 1921, ch. 154, § 1; 1925, ch. 156, § 2; 1929, ch. 114, § 6; R.S. 1931, §§ 103-102, 108-904, 108-905, 108-1002, 108-1302, 108-1304; C.S. 1945, §§ 19-102, 19-302, 19-304, 19-1302, 19-1303, 19-1403; Laws 1947, ch. 64, § 4; 1950, Sp. Sess., ch. 6, § 3; W.S. 1957, §§ 9-173, 9-398, 9-399, 9-413, 9-466.4, 9-481, 9-485, 9-487; Laws 1971, ch. 90, § 4; 1973, ch. 215, § 1; ch. 245, § 3; W.S. 1977, §§ 9-3-706 , 9-6-302, 9-6-303, 9-6-403, 9-6-604, 9-6-903, 9-6-1005, 9-6-1007; Laws 1980, ch. 40, § 2; 1981, ch. 16, § 1; ch. 164, § 2; Rev. W.S. 1977, § 9-644; Laws 1982, ch. 48, § 2; ch. 62, § 3; 1984, ch. 68, § 1; 1985, ch. 11, § 1; ch. 181, § 1; 1986, ch. 65, § 1; 1989, ch. 40, § 1; 1991, ch. 161, §§ 3, 4; ch. 221, §§ 2, 3; ch. 245, § 2; 1992, ch. 25, § 3; 1996, ch. 32, § 1; 1999, ch. 141, § 2; 2001, ch. 160, § 1; 2005, ch. 93, §§ 1, 2; 2013 ch. 9, § 1, effective July 1, 2013; 2015 ch. 163, § 1, effective January 1, 2016.

The 2005 amendment, effective July 1, 2005, in (b)(ii), substituted “honor farms and camps” for “state penitentiary farms and camps”; in (b)(iv), substituted “medium correctional institution” for “correctional facility”; in (b)(v) substituted “Adult community” for “Community”; in (d)(iv)(A), substituted “state penitentiary, medium correctional institution, women's center and Wyoming honor farms and camps” for “state penitentiary and women's center” and repealed former (d)(iv)(B) and (C), pertaining to the superintendents of the Wyoming state penitentiary farms and camps and the administrator of the Wyoming correctional facility, respectively; and in (e) substituted “W.S. 25-1-104(d)(iv)(A) and (D)” for “W.S. 25-1-104(d)(iv)(A) through (C).”

The 2013 amendment, effective July 1, 2013, added “provision of services and the” in (g).

The 2015 amendment, added (k).

The 2015 amendment, Laws 2015, ch. 163, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8 of the Wyo. Const. Approved March 9, 2015.

Editor's notes. —

Section 2, ch. 48, Laws 1982, effective July 1, 1984, purported to amend this section, but as a result of the revisions by Laws 1982, Chapter 62, it would make no changes.

Laws 2003, ch. 179, § 1, authorizes the department of corrections, in cooperation with the department of administration and information, to conduct a competitive bidding process using requests for proposals for the design and construction or expansion of correctional facilities and programs at the honor farm in Riverton, state penitentiary in Rawlins, women's center in Lusk, a secure treatment alcove at the Niobrara County hospital building in Lusk, and two minimum or medium security male facilities, or a combination thereof, each with a minimum capacity of 400 beds expandable to 600 beds and each with 32 additional beds for intensive alcohol and substance abuse treatment and 15 additional beds for special management inmates, as well as for the dismantling of the Wyoming state penitentiary vacant north facility. Sections 2 and 3 of the act provide for funding.

Laws 2003, ch. 179, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2003.

Board deemed public agent. —

Boards such as the board of charities and reform are public agents upon whom are imposed powers and duties relating to public matters. State ex rel. Wyoming Agric. College v. Irvine, 14 Wyo. 318, 84 P. 90, 1906 Wyo. LEXIS 18 (Wyo. 1906), aff'd, 206 U.S. 278, 27 S. Ct. 613, 51 L. Ed. 1063, 1907 U.S. LEXIS 1163 (U.S. 1907).

And board is not vested with private right or private property. — State ex rel. Wyoming Agric. College v. Irvine, 14 Wyo. 318, 84 P. 90, 1906 Wyo. LEXIS 18 (Wyo. 1906), aff'd, 206 U.S. 278, 27 S. Ct. 613, 51 L. Ed. 1063, 1907 U.S. LEXIS 1163 (U.S. 1907).

Adequate medical care for inmate fulfills obligations. —

The board (now the department) has a statutory, as well as a constitutional, duty to provide appropriate care for penitentiary inmates. One method of fulfilling that obligation is for the board (now the department) to provide adequate medical care. Apodaca v. Ommen, 807 P.2d 939, 1991 Wyo. LEXIS 39 (Wyo. 1991).

Cited in

Turner v. State, 2015 WY 29, 2015 Wyo. LEXIS 33 (Feb. 25, 2015).

Applied in

Byers v. Solier, 16 Wyo. 232, 93 P. 59, 1907 Wyo. LEXIS 48 , 14 L.R.A. (n.s.) 468 (1907).

Law reviews. —

For comment, “The Institutional Transfer Statute: Three Challenges to the Imprisonment of Juvenile Offenders,” see XVII Land & Water L. Rev. 643 (1982).

§ 25-1-105. Powers of department; care of persons committed outside of state.

1. The department of corrections shall adopt rules and regulations necessary to carry out its functions. The promulgation of substantive rules by the department, the conduct of its hearings and its final decisions are specifically exempt from all provisions of the Wyoming Administrative Procedure Act including the provisions for judicial review under W.S. 16-3-114 and 16-3-115 . The department’s rules shall be filed in the office of the secretary of state.
2. The department may enter into contracts with the federal government or other states for the care of persons committed outside of Wyoming.
3. Subject to subsection (d) of this section, the department may, to obtain demonstrable cost savings or better quality of services, contract with private service providers or with other agencies for any of the following services to be provided for inmates of any state adult penal institution:
   1. Education, training and jobs programs;
   2. Recreational and religious activities;
   3. Development and implementation assistance for classification, management information systems or other information systems or services;
   4. Medical services;
   5. Food services, commissary, transportation, sanitation or other ancillary services; and
   6. Counseling, special treatment programs or other programs for special needs.
4. The department shall by rule and regulation impose upon services contracted pursuant to paragraph (c)(i) of this section limitations on competition with the private sector and ensure contracted services do not significantly displace employed workers within the community.
5. The department of corrections may enter into contracts and agreements with any county for the confinement and maintenance in county jails of persons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution. The department may enter into contracts and agreements with other states, including those which are not party to the Western Interstate Corrections Compact, with the federal government, with other governmental entities and with private owners and operators of correctional facilities in other states, for the confinement and maintenance of persons sentenced to the custody of the department to serve a term of imprisonment in a state penal institution. The department shall establish rules and regulations regarding the minimum standards for such facilities and standards for the care and treatment of department of correction’s inmates incarcerated therein.
6. Pursuant to this section and W.S. 9-2-130 , the department of corrections shall collaborate with the department of health to reduce recidivism rates for persons with behavioral health needs and substance use disorders who are involved in the criminal justice system and improve mental health and substance use disorder programming by:
   1. Improving the quality and accuracy of substance use assessments administered to persons with criminal justice involvement by creating a quality improvement unit in the department of corrections that will regularly monitor the administration and use of assessment tools. The department of corrections shall report to the joint labor, health and social services interim committee on the status of the unit, including progress on the creation of the unit, results of unit efforts, unit expenditures and remaining funds from appropriations made for the unit. The department of corrections shall provide this report to the joint labor, health and social services interim committee by September 1 of each year through 2023;
   2. Creating a behavioral health services enhancement program for community providers to improve outcomes for persons involved in the criminal justice system through a separate contract, or in a separate provision in an existing contract, administered by the department of health;
   3. Adopting standardized, evidence based treatment practices and guidelines for treating and providing programming to persons involved in the criminal justice system with behavioral health and substance use needs;
   4. Increasing communication between the department of health, the department of corrections and contracted behavioral health providers working with persons involved in the criminal justice system;
   5. Promoting and requiring to the maximum extent practical and permissible under applicable laws and regulations the portability and universal recognition of mental health and substance use disorder assessment tools and other assessment tools that may be applicable to mental health and substance use disorder treatment; and
   6. Creating a competitive and outcomes based funding stream for behavioral health providers to:
      1. Expand existing services for criminal justice involved populations;
      2. Improve the quality and availability of services and programs;
      3. Train and develop the skills of providers and stakeholders working with persons who have behavior health needs and substance use disorders and who are involved in the criminal justice system.
7. This section shall not be interpreted to require the creation or maintenance of any duplicate functions, services or programs in the department of corrections and the department of health, but shall be interpreted with W.S. 9-2-130 to require coordination and collaboration between the agencies to assure the creation and maintenance of independent or coordinated functions, services and programs to meet the goals of this section and W.S. 9-2-130 .

History. Laws 1890-91, ch. 37, § 3; 1899, ch. 17, § 3; R.S. 1899, §§ 634, 692; C.S. 1910, §§ 439, 582; Laws 1913, ch. 63, § 3; 1917, ch. 67, § 3; 1919, ch. 40, § 20; C.S. 1920, §§ 501, 621, 639, 671; Laws 1927, ch. 49, § 2; R.S. 1931, §§ 33-1607, 103-104, 108-903, 108-905, 108-1304; C.S. 1945, §§ 19-103, 19-303, 19-304, 19-1102, 19-1203; Laws 1953, ch. 133, § 1; W.S. 1957, §§ 9-174, 9-384, 9-396, 9-399, 9-487; Laws 1973, ch. 215, § 1; ch. 245, § 3; W.S. 1977, §§ 9-3-707 , 9-6-122, 9-6-202, 9-6-303, 9-6-1007; Laws 1982, ch. 62, § 3; 1989, ch. 18, § 1; 1991, ch. 28, § 1; ch. 161, § 3; ch. 221, § 2; ch. 252, § 2; 1992, ch. 25, § 3; 1993, ch. 43, § 1; 1996, ch. 32, § 1; 2020 ch. 152, § 2, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, added (f) and (g).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Grievance procedure did not violate inmate's right to due process. —

Where a new prison policy imposed after the murder of a guard prohibited prisoners from keeping certain personal property in their cells, the inmate was notified that his property would be destroyed; the inmate submitted a claim form to the Wyoming Department of Corrections (DOC) asking that he be repaid for the property's value, and asserted claims that his rights to due process, freedom of religion, and equal protection had been violated. The inmate's grievances were addressed by the warden and the DOC in a timely and courteous manner as contemplated by this section; the Supreme Court of Wyoming held that the inmate's right to due process was not violated by this section, because he had other avenues of relief under U.S. Const. amend. 1 and Wyo. Const. art 1, § 8. Cosco v. Lampert, 2010 WY 52, 229 P.3d 962, 2010 Wyo. LEXIS 55 (Wyo. 2010), cert. denied, 563 U.S. 910, 131 S. Ct. 1798, 179 L. Ed. 2d 666, 2011 U.S. LEXIS 2478 (U.S. 2011).

Law reviews. —

For comment, “The Institutional Transfer Statute: Three Challenges to the Imprisonment of Juvenile Offenders,” see XVII Land & Water L. Rev. 643 (1982).

§ 25-1-106. [Repealed.]

Repealed by Laws 1992, ch. 25, § 4.

Editor's notes. —

This section, which derived from Laws 1890-91, ch. 37, § 5, related to the care, maintenance and employment of inmates of institutions. For present similar provisions, see § 25-1-104(b).

§§ 25-1-107 through 25-1-110. [Repealed.]

Repealed by Laws 1987, ch. 127, § 2.

Editor's notes. —

These sections, which derived from Laws 1986, ch. 25, § 1, related to fees for services at the state training school, Wyoming boys' school, Wyoming girls' school and the state children's home.

Waiver and refund of support obligations. —

Laws 1987, ch. 127, § 3, provides: “All fees billed under W.S. 25-1-107 through 25-1-110 are waived and null and void. All fees collected and received by the state under W.S. 25-1-107 through 25-1-110 shall be refunded upon application of the payor under W.S. 9-1-404 .”

§ 25-1-201. Establishment of state institutions.

1. The following state institutions are established:
   1. The Wyoming state penitentiary at Rawlins, Wyoming;
   2. The Wyoming boys’ school at Worland, Wyoming;
   3. The Wyoming girls’ school at Sheridan, Wyoming;
   4. The Wyoming life resource center at Lander, Wyoming;
   5. Repealed by Laws 1998, ch. 7, § 2.
   6. The Wyoming pioneer home at Thermopolis, Wyoming;
   7. The veterans’ home of Wyoming at Buffalo, Wyoming;
   8. The Wyoming retirement center at Basin, Wyoming;
   9. The Wyoming women’s center at Lusk, Wyoming;
   10. The Wyoming state hospital at Evanston, Wyoming;
   11. The Wyoming medium correctional institution at Torrington, Wyoming;
   12. The Wyoming school for the deaf at Casper, Wyoming;
   13. The Wyoming honor farm at Riverton, Wyoming;
   14. The Wyoming honor conservation camp at Newcastle, Wyoming;
   15. The Wyoming veterans’ skilled nursing facility at Buffalo, Wyoming.
2. and (c) Repealed by Laws 1992, ch. 25, § 4.
3. Repealed by Laws 1987, ch. 185, § 2.

History. Laws 1886, ch. 52, § 26; R.S. 1887, § 3764; Laws 1899, ch. 17, §§ 1, 4; R.S. 1899, §§ 648, 690, 693; Laws 1903, ch. 46, § 1; C.S. 1910, §§ 449, 579, 583; Laws 1911, ch. 78, § 1; ch. 107, § 1; 1913, ch. 63, § 4; 1915, ch. 140, § 1; C.S. 1920, §§ 511, 619, 622, 668, 672; Laws 1921, ch. 40, § 1; 1925, ch. 156, §§ 1, 3, 4; 1929, ch. 101, § 1; R.S. 1931, §§ 56-102, 108-901, 108-906, 108-1001, 108-1003, 108-1004, 108-1301, 108-1305; Laws 1945, ch. 9, § 1; C.S. 1945, §§ 19-301, 19-305, 19-1301, 19-1304, 19-1401, 19-1404, 19-1405, 51-102; Laws 1950, Sp. Sess., ch. 6, § 1; 1951, ch. 80, § 1; 1955, ch. 26, § 1; 1957, ch. 19, § 1; W.S. 1957, §§ 9-397, 9-400, 9-412, 9-414, 9-415, 9-479, 9-484, 9-488, 25-34; Laws 1974, ch. 16, § 2; W.S. 1977, §§ 9-6-301, 9-6-304, 9-6-402, 9-6-404, 9-6-405, 9-6-901, 9-6-1001, 9-6-1008, 25-2-102 ; Laws 1982, ch. 62, § 3; 1985, ch. 11, § 1; ch. 181, § 1; 1986, ch. 65, § 1; 1987, ch. 185, § 2; 1989, ch. 40, § 1; 1991, ch. 221, § 3; ch. 245, § 2; 1992, ch. 25, § 4; 1993, ch. 185, § 2; 1998, ch. 7, § 2; 2005, ch. 93, § 1; 2008, ch. 85, § 1; 2019 ch. 156, § 2, effective February 28, 2019.

Cross references. —

As to the appointment and removal of officers and the duties of those officers, see § 25-1-104(d)(iv), (e).

As to sections for juvenile offenders, see §§ 14-6-245 through 14-6-252 .

Effective Dates

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

The 2005 amendment, effective July 1, 2005, in (a)(xi), substituted “medium correctional institution at Torrington” for “correctional facility at Lovell”; and added (a)(xiii) and (a)(xiv).

The 2008 amendment, effective July 1, 2008, substituted “life resource center” for “state training school” in (a)(iv).

The 2019 amendment, added (a)(xv).

Appropriations. —

Laws 2004, ch. 95, § 2, subsection 48, effective July 1, 2004, authorizes the department to deposit all monies and income received and collected by the Wyoming state hospital at Evanston, Wyoming into a special revenue fund from July 1, 2004 through June 30, 2006. The department is to expend this revenue to correct life safety code problems and address other conditions as identified by the Partnership to Resolve Mental Health Issues in Wyoming. If any single project is anticipated to or does exceed $200,000, it must be approved by the state building commission. The first $500,000 received each fiscal year by the department and any amount in excess of $3,000,000 received over the period beginning July 1, 2004 and ending June 30, 2006 and deposited within the special revenue fund pursuant to this section is to be paid to the omnibus permanent land fund until such time as the total amount appropriated for the new facility at the state hospital in 1999 Wyoming Session Laws, Chapter 169, Section 3, Section 048 is completely repaid. The department must report a detail of expenditures to the joint appropriations interim committee by October 31 of each year.

Temporary provisions. —

Laws 2005, ch. 191, § 2, subsection 048, authorizes the department to deposit all monies and income received and collected by the Wyoming state hospital at Evanston, Wyoming into a special revenue fund from July 1, 2004 through June 30, 2006, to be expended to correct life safety code problems and address other conditions as identified by the Partnership to Resolve Mental Health Issues in Wyoming.

Laws 2005, ch. 191, § 400, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided in art. 4, § 8, Wyo. Const. Approved March 3, 2005.

Employee of independent contractor. —

District court improperly denied a government hospital's motion for partial summary judgment in a medical malpractice action arising from the actions of a nurse employed by a contracted anesthesia services provider because the nurse was not a “public employee” for purposes of the Wyoming Governmental Claims Act, and the Act did not provide an express waiver of sovereign immunity for non-employees of a governmental hospital; the district court erred in reading a prior appellate decision as implicitly waiving sovereign immunity against governmental entities for acts of ostensible or apparent agents. Campbell County Mem. Hosp. v. Pfeifle, 2014 WY 3, 317 P.3d 573, 2014 Wyo. LEXIS 3 (Wyo. 2014).

State hospital is state agency. —

The Wyoming state hospital is an agency of the state created by statute at the mandate of the state constitution. Carbon County Sch. Dist. v. Wyoming State Hosp., 680 P.2d 773, 1984 Wyo. LEXIS 283 (Wyo. 1984).

Superintendent, formerly staff psychologist, terminated without hearing. —

The petitioner, who had been a staff psychologist at the Wyoming state hospital, did not retain his permanent employee status when he accepted an appointment to serve as the superintendent of the hospital, and because he served as superintendent at the will of the board, he was not entitled to a hearing before the board terminated his employment. Doidge v. Board of Charities & Reform, 789 P.2d 880, 1990 Wyo. LEXIS 37 (Wyo. 1990).

§ 25-2-101. Seal of warden; copies of papers displaying seal received as evidence.

1. The warden of the penitentiary shall have an official seal bearing the words “Warden of the Penitentiary of the State of Wyoming” of which the courts of this state shall take judicial notice.
2. When the official seal of the warden is affixed to copies of papers, books and records kept in his office, the copies are competent evidence in the courts and have the same force and effect as the originals.

History. Laws 1923, ch. 59, §§ 1, 2; R.S. 1931, §§ 108-805, 108-806; C.S. 1945, §§ 19-1015, 19-1016; W.S. 1957, §§ 9-380, 9-381; W.S. 1977, §§ 9-6-101 , 9-6-102 ; Laws 1982, ch. 62, § 3.

§ 25-2-102. Authority to establish and maintain penitentiary farms; disposition of funds from sales or services; supervision.

1. The state may establish, maintain and operate one (1) or more penitentiary farms and camps as needed to provide a place of confinement and employment of convicted felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution.
2. All funds received from the sale of products or services produced on penitentiary farms and camps shall be credited to a separate account.
3. All penitentiary farms and camps established shall be operated and maintained under the general supervision of the department of corrections.

History. Laws 1931, ch. 75, §§ 1, 3, 4; R.S. 1931, §§ 108-821, 108-823, 108-824; C.S. 1945, §§ 19-1017, 19-1019, 19-1020; W.S. 1957, §§ 9-386, 9-388, 9-389; Laws 1973, ch. 245, § 3; W.S. 1977, §§ 9-6-140 to 9-6-142; Laws 1982, ch. 62, § 3; ch. 71, § 1; 1986, ch. 65, § 1; 1992, ch. 25, § 3; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (b), substituted “a separate account” for “the intragovernmental fund.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 25-2-103. Wyoming women's center; establishment; purpose; supervision.

1. The Wyoming women’s center is established at Lusk, Wyoming, to provide a place of confinement, employment and training for convicted female felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution.
2. The Wyoming women’s center shall be operated and maintained under the general supervision of the department of corrections.

History. Laws 1980, ch. 40, § 1; W.S. 1977, § 9-6-164; Laws 1981, ch. 16, § 1; 1982, ch. 62, § 3; 1992, ch. 25, § 3.

§ 25-2-104. Wyoming correctional facility; establishment; purpose; supervision.

1. The Wyoming correctional facility is established at Torrington, Wyoming, to provide a place of confinement, employment and training for convicted felons sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution.
2. The Wyoming correctional facility shall be operated and maintained under the general supervision of the department of corrections.

History. Laws 1991, ch. 245, § 1; 1992, ch. 25, § 3; 2005, ch. 93, § 1.

The 2005 amendment, effective July 1, 2005, in (a) substituted “Torrington” for “Lovell.”

§ 25-3-101. Persons to be confined; notice; transportation to school.

1. Any boy who has attained the age of twelve (12) years and who has been ordered committed in compliance with W.S. 14-6-229 may be committed to the Wyoming boys’ school. The term of any boy committed shall be determined by the department of family services.
2. Any person may be sentenced or transferred to the boys’ school pursuant to W.S. 7-13-101 .
3. After a person is committed or sentenced to the Wyoming boys’ school the clerk of court shall notify the department of family services and the superintendent of the institution. The department of family services shall arrange for transportation.

History. Laws 1913, ch. 63, §§ 6 to 8; C.S. 1920, §§ 624 to 626; R.S. 1931, §§ 108-908 to 108-910; C.S. 1945, §§ 19-1306 to 19-1308; Laws 1955, ch. 183, § 1; W.S. 1957, §§ 9-402 to 9-404; Laws 1965, ch. 75, § 1; W.S. 1977, §§ 9-6-306 to 9-6-308; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1987, ch. 217, § 1; 1991, ch. 161, § 3; 1992, ch. 25, § 3; 2007, ch. 215, § 1.

Cross references. —

As to sentencing of minors to boys' school upon first conviction of felony, see § 7-13-101 .

As to conveyance of prisoners to penitentiary or penal institutions, see § 7-13-103 .

The 2007 amendment, in (b) deleted “and 7-13-102 .” from the end of the sentence.

Laws 2007, ch. 215, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2007.

Conflicting legislation. —

Laws 2007, ch. 215, § 4, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Law reviews. —

For article, “The 1951 Juvenile Court Law of Wyoming,” see VIII Wyo. L.J. 173.

§ 25-3-102. [Repealed.]

Repealed by Laws 1987, ch. 200, § 1.

Editor's notes. —

This section, which derived from Laws 1941, ch. 26, § 1, related to segregation of residents under the age of sixteen.

§ 25-3-103. Discipline to be reformatory; employment of residents; sale of products for public use or in open market; disposition of proceeds.

1. The discipline in the Wyoming boys’ school shall be reformatory. Residents of the school may be employed as a means of their support and reformation.
2. All articles manufactured and produced, or all agricultural products grown by or through the labor of residents of the school not required for use of the school, may be furnished to:
   1. The state;
   2. Any public institution owned, managed or controlled by the state;
   3. The transportation commission for use on any roads or highways;
   4. The county authorities of any county.
3. The department of family services shall fix the prices of the articles and products which shall be paid upon requisition of the proper officials. The department may sell in the open market or any other manner any or all products grown or produced by residents within or without the boys’ school that are not sold for public use.
4. All monies received by the department from the sale of products manufactured, produced or grown by the residents of the boys’ school shall be deposited in the state treasury and credited to the general fund.

History. Laws 1913, ch. 63, § 9; 1917, ch. 116, § 1; C.S. 1920, § 627; R.S. 1931, § 108-911; C.S. 1945, § 19-1310; W.S. 1957, § 9-406; Laws 1973, ch. 245, § 3; W.S. 1977, § 9-6-310; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1991, ch. 161, § 3; ch. 241, § 3.

§ 25-3-104. Transfer of residents to state hospital; rules and regulations governing residents.

1. The department of family services may, with the approval of the department of health, transfer any resident who becomes mentally incompetent to any appropriate acute placement facility based on a psychiatric evaluation.
2. The department shall make all rules and regulations necessary and proper for:
   1. Employment, discipline, instruction and education of residents;
   2. Mental and physical health and welfare of residents;
   3. Transfer and return of residents; and
   4. Work release for residents who are not subject to home visitation or temporary residence outside the school enclosure.

History. Laws 1913, ch. 63, § 10; C.S. 1920, § 628; Laws 1927, ch. 49, § 2; R.S. 1931, §§ 108-903, 108-912; C.S. 1945, §§ 19-1102, 19-1311; Laws 1947, ch. 15, § 3; W.S. 1957, §§ 9-396, 9-407; Laws 1973, ch. 213, § 2; W.S. 1977, §§ 9-6-202, 9-6-311; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1987, ch. 157, § 2; 1991, ch. 161, § 3; 1992, ch. 25, § 3; 2013 ch. 193, § 1, effective July 1, 2013; 2014 ch. 117, § 1, effective July 1, 2014.

The 2013 amendment, effective July 1, 2013, substituted “any appropriate acute placement facility based on a psychiatric evaluation” for “the Wyoming state hospital” in (a).

The 2014 amendment, effective July 1, 2014, in (b)(iv), deleted “W.S. 7-16-301 through 7-16-311 .”

Transfer to penitentiary not change of sentence. —

A person sentenced since the passage of this section is sentenced subject to the provisions of this section; hence, the transfer of a resident from the industrial institute (now boys' school) to the state penitentiary is not a change of sentence but rather the carrying out of the original sentence. Uram v. Roach, 47 Wyo. 335, 37 P.2d 793, 1934 Wyo. LEXIS 27 (Wyo. 1934).

Law reviews. —

For comment, “The Wyoming Juvenile Court Act of 1971,” see VIII Land & Water L. Rev. 237 (1973).

For comment, “The Institutional Transfer Statute: Three Challenges to the Imprisonment of Juvenile Offenders,” see XVII Land & Water L. Rev. 643 (1982).

§ 25-3-105. Control over residents; preparation of personal record; rehabilitation plan and periodic reviews thereof; contents of record.

The department of family services shall maintain control over all persons committed to the boys’ school to prevent the persons from committing crime, best secure their self-support and accomplish their reformation. When a person is admitted to the school, the superintendent shall prepare a record of the personal history of the resident, including his age, family and social background, education and prior training and employment. Based upon all pertinent information available, the superintendent shall prepare an individualized rehabilitation plan which shall be part of the resident’s record. Periodic reviews of the resident’s progress and appropriate modifications of his rehabilitation plan shall be made by the superintendent and entered on the resident’s record. The status of each resident shall be reported to him periodically. All orders affecting the resident, the circumstance of his final release and any new developments concerning his personal history shall be included in his record.

History. Laws 1913, ch. 63, § 12; C.S. 1920, § 630; R.S. 1931, § 108-913; C.S. 1945, § 19-1312; W.S. 1957, § 9-408; W.S. 1977, § 9-6-312; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1991, ch. 161, § 3.

Law reviews. —

For article, “The 1951 Juvenile Court Law of Wyoming,” see 8 Wyo. L.J. 173.

For comment, “The Wyoming Juvenile Court Act of 1971,” see VIII Land & Water L. Rev. 237 (1973).

§ 25-3-106. Release of resident.

After the department of family services has made a finding that a boy should be released from the Wyoming boys’ school, it shall give advance notification of the pending release to the court which ordered commitment. Upon the boy’s release the department shall issue him an administrative discharge.

History. Laws 1913, ch. 63, § 13; 1915, ch. 109, § 1; C.S. 1920, § 631; R.S. 1931, § 108-914; Laws 1937, ch. 60, § 1; C.S. 1945, § 19-1313; W.S. 1957, § 9-409; W.S. 1977, § 9-6-313; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1987, ch. 217, § 2; 1991, ch. 161, § 3.

Law reviews. —

For comment, “The Wyoming Juvenile Court Act of 1971,” see VIII Land & Water L. Rev. 237 (1973).

§ 25-4-101. Girls to be committed; terms; notification of superintendent; transportation to school.

1. Any girl who has attained the age of twelve (12) years and who has been ordered committed in compliance with W.S. 14-6-229 may be committed to the Wyoming girls’ school. The term of any girl committed shall be determined by the department of family services.
2. After a girl is committed to the girls’ school the clerk of court shall notify the superintendent of the institution. The superintendent shall arrange for the transportation of the girl to the girls’ school.

History. Laws 1925, ch. 156, §§ 6, 7; R.S. 1931, §§ 108-1006, 108-1007; C.S. 1945, §§ 19-1407, 19-1408; Laws 1955, ch. 162, § 1; W.S. 1957, §§ 9-417, 9-418; Laws 1969, ch. 50, § 1; W.S. 1977, §§ 9-6-407, 9-6-408; Laws 1982, ch. 62, § 3; 1987, ch. 217, § 1; 1991, ch. 161, § 3.

§ 25-4-102. Nature of program and discipline; rules and regulations for work release, home visitation or temporary residence.

The program and discipline at the Wyoming girls’ school shall be educational, vocational and rehabilitative. For these purposes the department of family services shall adopt rules and regulations for work release for residents who are not subject to home visitation or temporary residence outside the school enclosure.

History. Laws 1925, ch. 156, §§ 8, 9; R.S. 1931, §§ 108-1008, 108-1009; C.S. 1945, §§ 19-1409, 19-1410; W.S. 1957, §§ 9-419, 9-420; W.S. 1977, §§ 9-6-409, 9-6-410; Laws 1982, ch. 62, § 3; 1987, ch. 157, § 2; 1991, ch. 161, § 3; 2014 ch. 117, § 1, effective July 1, 2014.

The 2014 amendment , effective July 1, 2014, deleted “W.S. 7-16-301 through 7-16-311 .”

§ 25-4-103. Personal record to be prepared; rehabilitation plan; periodic review; additional contents of record; release from custody.

1. When a girl is admitted to the girls’ school, the superintendent shall prepare a record of the personal history of the resident, including her age, family and social background, education and prior training and employment. Based upon all pertinent information available, the superintendent shall prepare an individualized rehabilitation plan which shall be part of the resident’s record. Periodic reviews of the resident’s progress and appropriate modifications of her rehabilitation plan shall be made by the superintendent and entered on the resident’s record. The status of each resident shall be reported to her periodically. All orders affecting the resident, the circumstances of her final release and any new developments concerning her personal history shall be included in her record.
2. After the department of family services has made a finding that a girl should be released from the girls’ school, it shall give advance notification of the pending release to the court which ordered commitment. Upon the girl’s release the department shall issue her an administrative discharge.

History. Laws 1925, ch. 156, §§ 11, 12; R.S. 1931, §§ 108-1011, 108-1012; C.S. 1945, §§ 19-1412, 19-1413; W.S. 1957, §§ 9-422, 9-423; W.S. 1977, §§ 9-6-412, 9-6-413; Laws 1982, ch. 62, § 3; 1987, ch. 217, § 1; 1991, ch. 161, § 3.

§ 25-5-101. Short title.

This act may be cited as the “Life Resource Center Act”.

History. Laws 1971, ch. 90, § 1; W.S. 1957, § 9-466.1; W.S. 1977, § 9-6-601; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-641; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “Life Resource Center Act” for “Training School Act of 1981.”

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 25-5-102(b)(xxix).

§ 25-5-102. Definitions.

1. Repealed by Laws 2008, ch. 70, § 2, ch. 85, § 2.
2. As used in this act:
   1. “Acquired brain injury” means any combination of focal and diffuse central nervous system dysfunction, at the brain stem level and above, acquired after birth through the interaction of any external forces and the body, oxygen deprivation, infection, toxicity, surgery or vascular disorders not associated with aging;
   2. “Active treatment” means a program which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services and related services that is directed toward:
      1. The acquisition of the behaviors necessary for the client to function with as much self determination and independence as possible; and
      2. The prevention or deceleration of regression or loss of current optimal functional status.
   3. “Adaptive behavior” means the collection of conceptual, social and practical skills that have been learned by people in order to function in their everyday lives;
   4. “Administrator” means the administrator of the division;
   5. “Assistive technology device” and “assistive technology service” mean as defined in 42 U.S.C. 15002;
   6. “Center” means the Wyoming life resource center at Lander, Wyoming;
   7. “Child” means any person under the age of eighteen (18);
   8. “Client” means a person who has a disability and has been determined eligible, pursuant to department rules and regulation, and is receiving services from one (1) of the center’s programs;
   9. “Client services” means diagnosis, education, training and care of persons who have been admitted to the center;
   10. “Conservator” means as defined in W.S. 3-1-101(a)(iii);
   11. “Department” means the state department of health;
   12. “Director” means the director of the department of health;
   13. “Disability” means a developmental disability as defined in 42 U.S.C. 15002 or a disability resulting from an acquired brain injury;
   14. “Division”   means the behavioral health division   of the department of health;
   15. “Guardian” means as defined in W.S. 3-1-101(a)(v);
   16. “Guardian ad litem” means as defined in W.S. 3-1-101(a)(vi);
   17. “Incompetent person” means adjudicated as meeting the definition in W.S. 3-1-101(a)(ix);
   18. “Individual program plan” means a written statement of long-term and short-term goals and strategies for providing specially designed services to meet each client’s individual educational, physical, emotional and training needs;
   19. “Informed choice” means making a decision based on adequate information. As appropriate, such information may include consideration regarding providers, methods, costs, duration, accessibility, customer satisfaction, probabilities, sources and consequences;
   20. “Intellectual disability” means significantly subaverage general intellectual functioning with concurrent deficits in adaptive behavior manifested during the developmental period. “Intellectually disabled” means a person with an intellectual disability;
   21. “Interdisciplinary team” means a group that represents the person, the person’s family or guardian, or the professions, disciplines or service areas that are relevant to identifying the client’s needs, as described in the comprehensive functional assessments and program design. The department shall provide by rule and regulation for the composition of interdisciplinary teams;
   22. “Intermediate  care facility for people with intellectual disability” means  an intermediate care facility for individuals with intellectual disabilities  (ICF/IID), as this phrase is used in applicable federal  statutes, rules and regulations;
   23. “Least restrictive environment” means the program, service and location which least inhibits a person’s freedom of movement, informed decision making and participation in community life while achieving the purposes of habilitation and treatment which best meet the needs of the person. The determination of least restrictive environment shall be individualized, based on a person’s need for medical, therapeutic, rehabilitative and developmental services and as a result of informed choice of the person or, if the person is a minor or a ward, his parent or guardian;
   24. “Most appropriate” means an individualized determination of a person’s need for medical, therapeutic, rehabilitative and developmental services, based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian;
   25. “Most integrated” means the setting that enables a person with a disability to have access to the same opportunities as a person without a disability to the fullest extent possible, including opportunities to live, learn, work, recreate and participate in family and community activities. Determinations of most integrated shall be individualized and based upon professional assessment and the informed choice of the person or, if the person is a minor or ward, his parent or guardian;
   26. “Program manager” means the on-site supervisor and manager of the center;
   27. “Screening team” means a group of appropriate professionals, appointed by the director pursuant to rules and regulations of the department, and assigned by the administrator to perform preliminary testing and assessment of persons for purposes of determining eligibility for services at the center;
   28. “Ward” means as defined in W.S. 3-1-101(a)(xv);
   29. “This act” means W.S. 25-5-101 through 25-5-135 ;
   30. “Domiciliary care” means the domiciliary  care program, as defined by applicable federal statutes, rules and  regulations;
   31. “Exceptionally difficult behaviors” means  a high level of assaultive or self-injurious behavior in a person  with an intellectual disability or organic brain syndrome. These behaviors  may include aggression and violent behavior, wandering, sexually inappropriate  behavior, self-endangering behaviors or medication noncompliance.  The level of behaviors shall be measured by a standardized assessment  and pursuant to criteria established by the department under W.S. 25-5-105(a)(i);
   32. “Hard to place” means a person who is:
       1. Eligible for skilled nursing facility services pursuant  to the long-term care assessment defined in W.S. 42-6-102(a)(vii);
       2. Does not meet the criteria of paragraph (xxxi), (xxxiii)  or (xxxiv) of this subsection; and
       3. For whom no community skilled nursing facility service  provider has been identified in the state within a time period defined  by the department.
   33. “High medical need” means a person who  is:
       1. Eligible for skilled nursing facility services pursuant  to the long term care assessment defined in W.S. 42-6-102(a)(vii);
       2. Does not meet the criteria of paragraph (xxxi) or (xxxiv)  of this subsection; and
       3. Would qualify for the extraordinary care nursing facility  reimbursement rate, as defined by the department.
   34. “Organic brain syndrome” means a decrease  in mental function due to a medical disease, other than mental illness,  as defined by the department. Organic brain syndrome may be the result  of an acquired brain injury or the result of dementia caused by trauma,  hypoxia, cardiovascular conditions including thrombotic and embolic  events or degenerative, infectious, alcohol and drug related or metabolic  disorders;
   35. “Skilled nursing facility services” means  skilled nursing facility services as defined by applicable federal  statutes, rules and regulations.

History. Laws 1971, ch. 90, § 2; W.S. 1957, § 9-446.2; Laws 1977, ch. 26, § 1; W.S. 1977, § 9-6-602; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-642; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2004, ch. 130, § 1; 2008, ch. 70, § 2; ch. 85, §§ 1, 2; 2016 ch. 44, § 1, effective July 1, 2016.

The 2004 amendment, in (a)(iv), substituted “W.S. 3-2-101 through 3-2-112 ” for “W.S. 3-4-101 through 3-4-109”; and in (a)(xiii) substituted “25-5-135” for “25-5-134.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2008 amendments. —

The first 2008 amendment, by ch. 70 § 2, repealed former (a)(vii) which defined “mentally retarded.”

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The second 2008 amendment, by ch. 85, §§ 1, 2, effective July 1, 2008, repealed former (a), which provided definitions for the Training School Act of 1981; and added (b).

This section is set out as reconciled by the Wyoming legislative service office.

The 2016 amendment , effective July 1, 2016, substituted “behavioral health” for “developmental disabilities” in (b)(xiv); substituted “individuals with intellectual disabilities (ICF/IID), as this phrase is” for “the mentally retarded or intermediate care facility for people with mental retardation (ICFMR or ICF/MR), as those phrases are” in (b)(xxii); and added (b)(xxx) through (b)(xxxiii).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 25-5-103. Wyoming life resource center established; purpose.

1. Except as  otherwise authorized by rules and regulations promulgated in accordance  with W.S. 9-2-106(d), the Wyoming life resource center is established to provide the  following residential, active treatment, assistive technology, medical and therapy  services only to individuals for whom an interdisciplinary team has determined the  center is the most appropriate, least restrictive and most integrated  environment for delivery of the services as specified below:
   1. Intermediate care facilities for people with intellectual disability in accordance with federal Medicare and Medicaid regulations;
   2. Skilled nursing facility services to the following:
      1. Persons with organic brain syndrome who manifest exceptionally difficult behaviors;
      2. Persons with high medical need;
      3. Persons who are hard to place.
   3. Disability, therapeutic and assistive technology services for persons with a disability;
   4. Training for state employees, other service providers and caregivers on disability, medical, developmental and therapy services;
   5. Care provided under authority of the director pursuant to W.S. 9-2-106(d).
2. The Wyoming life resource center may provide technical  assistance and assistive technology outreach services to persons made  eligible pursuant to rules adopted by the department.
3. Any person residing at the Wyoming life resource center  on April 1, 2016 pursuant to the requirements of this section prior  to April 1, 2016 shall have the right to remain at the life resource  center without regard to his continued qualification to remain at  the center under this section, provided the center continues to have  adequate resources to safely care for the person.

History. Laws 1971, ch. 90, § 3; W.S. 1957, § 9-466.3; W.S. 1977, § 9-6-603; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-643; Laws 1982, ch. 62, § 3; 1998, ch. 11, § 1; 2008, ch. 85, § 1; 2016 ch. 44, § 1, effective July 1, 2016.

The 2008 amendment, effective July 1, 2008, rewrote the section.

The 2016 amendment, effective July 1, 2016, substituted “assistive technology, medical and therapy services only to individuals for whom an interdisciplinary team has determined the center is the most appropriate, least restrictive and most integrated environment for delivery of the services as specified below” for “medical and therapy services to individuals with a disability” in (a); substituted “Skilled nursing facility services to the following” for “Services to persons with acquired brain injuries” in (a)(ii); and added (a)(ii)(A) through (c).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-5-104. Administration and management of center.

The administration and management of the center is vested in the department.

History. Laws 1971, ch. 90, § 4; W.S. 1957, § 9-466.4; W.S. 1977, § 9-6-604; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-644; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school.”

§ 25-5-105. Rules and regulations; reports.

1. The department  shall adopt rules and regulations which are in compliance with both federal regulations for intermediate  care facilities for persons with intellectual disability and federal regulations for skilled nursing facilities, and which:
   1. Establish standards for admission for residential services and discharge of clients receiving services in all programs administered by the center;
   2. Establish standards for client services;
   3. Provide for the administration of the center under the management of the division;
   4. Prescribe professional standards for personnel employed at the center;
   5. Implement this act;
   6. Establish data reporting processes and report monthly to the director the number of persons served by the center, identified by service category, and the services provided to those persons.
2. Repealed by Laws 2015, ch. 59, § 2.

History. Laws 1971, ch. 90, § 10; W.S. 1957, § 9-466.10; W.S. 1977, § 9-6-609; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-645; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1; 2015 ch. 59, § 2, effective February 26, 2015; 2016 ch. 44, § 1, effective July 1, 2016.

The 2008 amendment, effective July 1, 2008, rewrote (a); and added (b).

The 2015 amendment, deleted former (j), pertaining to requirements for reports from the department of health to the legislature.

Laws 2015, ch. 59, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2016 amendment , effective July 1, 2016, in (a), inserted “both” following “compliance with” and “and federal regulations for skilled nursing facilities” following “intellectual disability.”

Editor's notes. —

As to the effective date of the act, Laws 1971, ch. 90, was approved February 18, 1971, and became effective 90 days after the adjournment of the legislative session.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a)(v), see § 25-5-102(b)(xxix).

§ 25-5-106. Donations for benefit of center; control and disposition thereof.

Money, personal property or real estate donated for the benefit of the center shall be held, controlled and distributed by the department according to the conditions of the donation. If there are no conditions of the donation, it shall be disposed of as provided in W.S. 25-5-107 .

History. Laws 1971, ch. 90, § 7; W.S. 1957, § 9-466.7; W.S. 1977, § 9-6-607; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-646; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school.”

§ 25-5-107. Disposition of monies received from sale of products or as compensation.

Except as provided by W.S. 25-5-106 , all monies received by the department for the clients in the center from the sale of products produced or grown by the center or as compensation from any source shall be deposited in the state treasury and credited to the general fund.

History. Laws 1971, ch. 90, § 9; W.S. 1957, § 9-466.9; Laws 1973, ch. 245, § 3; W.S. 1977, § 9-6-608; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-647; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school” twice and substituted “clients” for “residents.”

§ 25-5-108. Appointment of program manager; duties; removal.

1. The director shall appoint a program manager of the center.
2. The program manager shall administer the center as directed by the administrator.
3. The director may remove the program manager in his discretion.

History. Laws 1971, ch. 90, § 11; W.S. 1957, § 9-466.11; W.S. 1977, § 9-6-610; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-648; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “program manager” for “superintendent”, “center” for “training school”, and “administrator” for “director” throughout the section.

§ 25-5-109. Inability or refusal to pay for services.

1. and (b) Repealed by Laws 1989, ch. 50, § 4.
2. No person shall be denied admission to or services by the center because of the inability of the person, his parent or guardian to pay the cost of the services received.
3. Clients of the center who are not eligible under the Wyoming Medical Assistance and Services Act shall be responsible for the cost of services and treatment as provided in title 25, chapter 11, article 1. However, no person who was a client of the center as of June 30, 2008 shall be denied admission to or services by the center because of the refusal of the client’s parent or guardian to pay the cost of the services received.

History. Laws 1971, ch. 90, § 15; W.S. 1957, § 9-466.15; W.S. 1977, § 9-6-614; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-649; Laws 1982, ch. 62, § 3; 1986, ch. 25, § 2; 1989, ch. 50, § 4; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school” in (c); and rewrote (d).

§ 25-5-110. Special education for minors and costs thereof.

1. and (b) Repealed by Laws 1986, ch. 25, § 3.
2. Clients who are between the ages of five (5) and twenty-one (21) years of age shall be provided special education and related services through the clients’ resident school districts. This subsection does not relieve an insurer or similar third party from an otherwise valid obligation to pay for services provided to the client.
3. and (e) Repealed by Laws 1986, ch. 25, § 3.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-650; Laws 1982, ch. 62, § 3; 1986, ch. 25, § 3; 1987, ch. 218, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, in (c), substituted references to “client” for references to “resident”; and substituted “through the clients' resident school districts” for “at no cost to their parents or estates.”

§§ 25-5-111 through 25-5-113. [Repealed.]

Repealed by Laws 1986, ch. 25, § 3.

Editor's notes. —

These sections, which derived from Laws 1981, ch. 164, § 1, related to review of the fee schedule for services at the training school and procedure for delinquent payments.

§ 25-5-114. Eligibility for admission; appropriateness of services.

1. Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), a person shall be admitted to the center only if he is an individual qualifying for services under W.S. 25-5-103(a) and his preadmission evaluation and screening  does not indicate that he would be more appropriately served by the Wyoming state hospital, a community program or a public school program.
2. Repealed by Laws 2008, ch. 85, § 2.

History. Laws 1971, ch. 90, § 14; W.S. 1957, § 9-466.14; W.S. 1977, § 9-6-613; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-654; Laws 1982, ch. 62, § 3; 1998, ch. 11, § 1; 2008, ch. 70, § 1; ch. 85, §§ 1, 2; 2016 ch. 44, § 1, effective July 1, 2016.

The 2008 amendments. —

The first 2008 amendment, by ch. 70, § 1, substituted “intellectual disability” for “mental retardation” in (b).

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The second 2008 amendment, by ch. 85, §§ 1, 2, effective July 1, 2008, in (a) substituted “center” for “training school” and inserted the reference to screening; and repealed former (b), which provided criteria for training school admission for a person convicted of a criminal act.

This section is set out as reconciled by the Wyoming legislative service office.

The 2016 amendment, effective July 1, 2016, in (a), deleted “not” following “person shall”, inserted “only if he is an individual qualifying for services under W.S. 25-5-103(a) and” following “admitted to the center” and “does note” following “and screening.”

§ 25-5-115. Preadmission screening for residential services; preparation and supervision thereof; disposition of findings.

1. Admission to the center shall be upon written application to the division and shall be based upon the preadmission screening and assessment:
   1. The preadmission screening and assessment shall be made by a screening team under the supervision of the administrator or his designee, using appropriate professionals and screening and assessment methods as provided in department rules and regulations;
   2. The preadmission screening and assessment shall be completed not more than thirty (30) days after an application for admission;
   3. Repealed by Laws 2016, ch. 44, §  2.
   4. As part of the application process, division staff shall provide prospective clients and their families or guardians information about center services and similar services available in the client’s community or elsewhere in the state.
2. Within ten (10) days of completion of the preadmission screening and assessment, the findings shall be given to the applicant. If ordered by the court, the preadmission screening and assessment shall also be filed with the court.

History. Laws 1971, ch. 90, § 16; W.S. 1957, § 9-466.16; W.S. 1977, § 9-6-615; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-655; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1; 2016 ch. 44, §§ 1, 2, effective July 1, 2016.

The 2008 amendment, effective July 1, 2008, rewrote (a) through (a)(iii) and inserted (a)(iv); and in (b) twice substituted “screening and assessment” for “evaluation.”

The 2016 amendments. — The first 2016 amendment by ch. 44 § 1, effective July 1, 2016, in (a), deleted “pursuant to W.S. 25-5-117(b)” following “to the division” in (a).

The second 2016 amendment, by ch. 44 § 2, effective July 1, 2016, repealed former (a)(iii), which read: “No person shall be admitted unless an interdisciplinary team has determined that the center offers the recommended and most appropriate services in a least restrictive and most integrated environment consistent with informed choice.”

§ 25-5-116. Individual program plan; preparation and supervision thereof; review.

Each client admitted to the center shall have on file at the center an individual program plan. The individual program plans shall be prepared by an interdisciplinary team within thirty (30) days of admission for residential services under the supervision of the program manager. The plan shall be reviewed by the interdisciplinary team for appropriateness and feasibility of discharge or transition to another level of service thirty (30) days after implementation of the plan, at the end of each quarter for the first year and annually thereafter.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-656; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, rewrote the section.

Editor's notes. —

By § 4, ch. 164, Laws 1981, “this act” (§§ 25-5-101 through 25-5-134 ) was made effective on May 20, 1981.

§ 25-5-117. Admission for residential services; application and contents thereof; written copy of rights; appeal of denied admissions.

1. A person determined by the preadmission screening and assessment to be eligible for admission to the center for residential services may be admitted as a client under one (1) of the following procedures:
   1. An adult who has sufficient insight or capacity to make responsible application for admission for residential services may be admitted on his own application;
   2. A minor or ward may be admitted upon application of his parent or guardian.
2. Repealed by Laws 2008, ch. 85, § 2.
3. At the time of admission for residential services, the program manager shall give a written copy of the rights provided in W.S. 25-5-132 to the client, his parent or guardian.
4. A person who is denied admission may appeal the decision to the department, in writing.

History. Laws 1971, ch. 90, § 17; W.S. 1957, § 9-466.17; Laws 1973, ch. 213, § 2; W.S. 1977, § 9-6-616; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-657; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, §§ 1, 2.

The 2008 amendment, effective July 1, 2008, rewrote (a) and (c); and repealed (b), which pertained to the application for admission to the training school.

§ 25-5-118. Release of voluntary client upon request; exceptions.

1. A voluntary client may be discharged by the administrator at any time within twenty (20) days of receipt of a written request for the release by the client, his parent or guardian, and the administrator shall arrange for appropriate transition services, except:
   1. If the client was admitted on his own application and the request for discharge is made by a person other than the client, release shall be conditioned upon the client’s consent;
   2. If the client is a minor or ward, his discharge shall be conditioned upon the consent of his parent or guardian;
   3. If the administrator has probable cause to believe release of the client will endanger the life, health or safety of the client or others and he incorporates a written statement of the facts supporting his belief in the client’s file, he may apply for involuntary admission pursuant to W.S. 25-5-119 . The administrator, as a mandatory reporter, shall contact adult protective services for appropriate proceedings.

History. Laws 1971, ch. 90, § 18; W.S. 1957, § 9-466.18; Laws 1973, ch. 213, § 2; W.S. 1977, § 9-6-617; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-658; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, rewrote the section.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-5-119. Involuntary admissions; application to district court; representation of proposed client; preadmission screening; notice; hearing; independent screening; admissibility.

1. A person may be an involuntary client of the center if admitted pursuant to this section. Application for involuntary admission may be made by a parent, a guardian, the administrator or a social service agency. The application shall be filed with the district court in the county where the proposed client, his parent or his guardian resides.
2. When an application for involuntary admission is filed, the court shall appoint an attorney to represent the proposed client unless he retains counsel of his own choice. An attorney shall represent the proposed client at all hearings. The county shall compensate an appointed attorney in an amount fixed by the court as a reasonable fee.
3. The court shall order the center to conduct a preadmission screening and assessment of the proposed client. Notice of the order shall be served on the proposed client, his attorney and his parent or guardian. The order and the application for admission shall be served on the center and the department. If the preadmission screening and assessment report finds the center would be an appropriate placement, the court shall order a hearing. The proposed client shall have a right to seek an independent screening and assessment of his eligibility for admission at the state’s expense. The screening and assessment shall be admissible as evidence at the hearing as provided by W.S. 25-5-121(d).

History. Laws 1971, ch. 90, § 20; W.S. 1957, § 9-466.20; W.S. 1977, § 9-6-619; Laws 1981, ch. 164, § 2; Sp. Sess. ch. 22, § 1; Rev. W.S. 1977, § 9-6-659; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school”, “client” for “resident”, “administrator” for “superintendent”, and “screening and assessment” for “evaluation” throughout the section.

Law reviews. —

For article, “A Preliminary Review of Wyoming's Revised Civil Commitment Procedures,” see XVII Land & Water L. Rev. 531 (1982).

§ 25-5-120. Court order setting hearing on involuntary application; service of notice; waiver.

1. The court shall fix a date for hearing on the application.
2. The order setting the hearing shall contain:
   1. The date, time and place of the hearing;
   2. The name and address of the applicant, the proposed client’s parent or guardian, and the attorney retained by the proposed client or appointed by the court;
   3. The grounds alleged for the commitment of the proposed client;
   4. The consequences of a finding that a person shall be admitted to the center for client services.
3. The court shall direct the clerk of the district court to give notice to each person named in the order:
   1. By delivering a copy of the notice to the person being notified personally, not less than fourteen (14) days before the time set for hearing unless time is shortened by the court for good cause shown; or
   2. By mailing a copy of the notice to the address of each person given in the application by certified mail, return receipt requested, not less than fourteen (14) days before the time set for hearing, unless the time is shortened by the court for good cause shown.
4. The court may order that notice be given to other persons. Notice may be waived in writing by any party except the proposed client’s attorney.

History. Laws 1971, ch. 90, § 21; W.S. 1957, § 9-466.21; W.S. 1977, § 9-6-620; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-660; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, in (b), substituted “client” for “resident” and “center” for “training school”; substituted “client's” for “resident's” in (d).

§ 25-5-121. Rights of proposed client and notified persons; confidentiality of hearing; admissibility of screening reports; findings by court or jury; amendment of admission order.

1. The proposed client has the right to appear, to be heard and to participate in every stage of the hearing unless the court finds that it would not be in the best interests of the proposed client. The court shall not exclude the proposed client from the hearing unless the application is accompanied by a written statement from a licensed physician and a court designated examiner, appointed at the time of the application, who is in no other manner involved in the proceedings, that attendance at the hearing would injure the proposed client’s health and well-being and describing his medical condition.
2. The proposed client is entitled, upon request, to a jury trial on the issue of his admission. The jury shall be selected pursuant to W.S. 1-11-101 through 1-11-129 .
3. The court shall exclude all persons not having an interest in the application. Unless the court orders an open hearing or the proposed client requests a jury trial, the hearing is confidential and shall be held in closed court.
4. Any person to whom notice is required to be given by W.S. 25-5-120 may testify and may present and cross-examine witnesses. The court may receive the testimony of other persons in its discretion. The screening and assessment report required by W.S. 25-5-115 , and any independent screening and assessment made under W.S. 25-5-119 , may be admitted as evidence and shall not be excluded on the ground of hearsay alone.
5. If the court or jury finds that specific care, treatment and service alternatives are available which are more appropriate than the center for the proposed client, the application shall be denied. If the court or jury finds by clear and convincing evidence that admission to the center would provide the most appropriate services for the proposed client, the court shall order the admission. In case of a nonjury hearing, the court shall enter findings of fact with the order of admission.
6. The proposed client or if a minor or ward, his parents or guardian or the center may petition the court to amend its order of admission on the grounds that appropriate and necessary services to the proposed client are available in a less restrictive environment than the center. The court may amend its order after notice and hearing pursuant to this act.

History. Laws 1971, ch. 90, § 22; W.S. 1957, § 9-466.22; W.S. 1977, § 9-6-621; Laws 1981, ch. 164, § 2; Sp. Sess., ch. 22, § 1; Rev. W.S. 1977, § 9-6-661; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “1-11-129” for “1-11-128” in (b); substituted “ward” for “incompetent” and deleted “or guardian ad litem” following “guardian” in (f); and substituted “client” for “resident” and “screening and assessment” for “evaluation” throughout the section.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence in subsection (f), see § 25-5-102(b)(xxix).

Law reviews. —

For article, “A Preliminary Review of Wyoming's Revised Civil Commitment Procedures,” see XVII Land & Water L. Rev. 531 (1982).

§ 25-5-122. Appeals to supreme court; rules governing.

Any person aggrieved by any order entered under this act may appeal to the Wyoming supreme court. The appeal shall conform with the rules of civil procedure.

History. Laws 1971, ch. 90, § 24; W.S. 1957, § 9-466.24; W.S. 1977, § 9-6-623; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-662; Laws 1982, ch. 62, § 3.

Cross references. —

For rules of appellate procedure generally, see Rule 1 et seq., W.R.A.P.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 25-5-102(b)(xxix).

§ 25-5-123. [Repealed.]

Repealed by Laws 2008, ch. 85, § 2.

Editor's notes. —

This section, which derived from Laws 1971, ch. 90, § 26, related to preadmission medical examination.

Effective date. —

Laws 2008, ch. 85, § 4, provides:

“(a) Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

“(b) Except as provided in subsection (a) of this section, this act is effective July 1, 2008.” Approved March 12, 2008.

§ 25-5-124. Discharge of clients by administrator or by court; appeals to department.

1. An interdisciplinary team may recommend to the administrator discharge of a client with an appropriate transition plan from the center when placement at home, with another service provider or another program is appropriate for the client’s needs and abilities. The transition plan shall identify any recommended discharge conditions in the client’s best interest, including type of residence facility, supervision and any continuing medical, therapeutic, rehabilitative or developmental services. Based on the recommendations of the team, and with the consent of the client, or his parent or guardian if he is a minor or ward, the administrator shall place the client in the alternative setting. The administrator shall discharge the client when the client has been appropriately placed in an alternative program. If the client was admitted under a court order, the administrator shall petition the court, pursuant to W.S. 25-5-121(f).
2. If the client, or his parent or guardian if he is a minor or incompetent, disagrees with the decision of the administrator and the interdisciplinary team, the client, parent or guardian may appeal the decision to the director in writing. The department shall provide the client, parent or guardian with a decision in writing within thirty (30) days.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-664; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, added the second sentence in (a); and substituted “administrator” for “superintendent”, “client” for “resident”, and “director” for “department” throughout the section.

§ 25-5-125. Transfer of clients for temporary care and treatment; consent; costs to be paid by center; third-party obligations not limited.

If the program manager determines it is appropriate for the welfare of a client, the client may be placed for temporary care and treatment in any public or private hospital, institution or residence in the state which provides services which will benefit the client. The transfer shall not be made without the consent of the client and his parents or guardian, or in the case of an involuntary client, without leave of the court, except in cases of medical emergency. During and after the transfer, the client remains a client of the center. The cost of the transfer and of the temporary treatment, care and training provided shall be borne by the center. This section does not limit the responsibility of third parties to pay for medical and other expenses incurred by contract or law.

History. Laws 1971, ch. 90, § 29; W.S. 1957, § 9-466.29; W.S. 1977, § 9-6-628; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-665; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school”, “client” for “resident” and “program manager” for “superintendent” throughout the section.

§ 25-5-126. Contracts with other states for interstate transfer of clients; payment of expenses therefor.

1. The department may enter into contracts with other states to provide for:
   1. The admission to facilities, schools or hospitals in other states of persons admitted to or entitled to admission for residential services in the center, when it can be shown that admission to a facility in another state is in the best interests of the person and the state of Wyoming;
   2. The admission to the center of residents of other states when it can be shown that admission to the center for residential services is in the best interests of the person and the state of Wyoming, and that the person’s need for services has been determined in accordance with this act.
2. The expense of transferring persons from the center to other states shall be paid by the center. The expense of transferring persons from other states to the center shall be paid by the state making the transfer to the center.

History. Laws 1971, ch. 90, § 30; W.S. 1957, § 9-466.30; W.S. 1977, § 9-6-629; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-666; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “facilities” for “institutions” in (a)(i); and substituted “center” or “center for residential services” for “training school” throughout the section.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a)(ii), see § 25-5-102(b)(xxix).

§§ 25-5-127 and 25-5-128. [Repealed.]

Repealed by Laws 2008, ch. 85, § 2.

Editor's notes. —

These sections, which derived from Laws 1971, ch. 90, § 31, related to community leave and return of residents absent without leave.

Effective date. —

Laws 2008, ch. 85, § 4, provides:

“(a) Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

“(b) Except as provided in subsection (a) of this section, this act is effective July 1, 2008. Approved March 12, 2008.”

§ 25-5-129. Admittance for temporary services; excepted provisions; limited duration.

The administrator may admit individuals for services temporarily pursuant to rules promulgated under W.S. 25-5-105(a) if the administrator determines a less restrictive environment is appropriate but unavailable. A client admitted for services temporarily is not subject to W.S. 25-5-114 , 25-5-115 and 25-5-121(e). No individual shall be admitted temporarily for services for more than seventy-five (75) days.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-669; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, rewrote the section.

§ 25-5-130. Consent and notice required before major surgery; exceptions.

1. Except as provided in subsection (b) of this section, no client shall undergo major surgery until the superintendent:
   1. Obtains the prior consent of the client, or if his consent cannot be given knowingly, he shall obtain the prior consent of the resident’s parent or guardian; and
   2. Notifies the parent or guardian of the nature, date and place of the surgery and the name of the surgeon. A copy of the notice shall be placed in the patient’s records.
2. Prior consent need not be obtained nor prior notice given when the parent or guardian cannot be located or when an emergency requires immediate surgery to prevent serious consequences or death. The parent or guardian shall be notified as soon as possible after emergency surgery.

History. Laws 1971, ch. 90, § 32; W.S. 1957, § 9-466.32; W.S. 1977, § 9-6-631; Laws 1981, ch. 164, § 2; Rev. W.S. 1977, § 9-6-670; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “client” for resident” twice in (a).

§ 25-5-131. Confidentiality of records; exceptions; penalties for violations.

1. All records of clients, former clients and proposed clients of the center are confidential except as provided by subsection (b) of this section, when disclosure is required by state or federal law or when disclosure is necessary to prevent imminent risk of harm to the person who is the subject of the records or others.
2. The administrator may provide access to the records of a client, former client or proposed client by:
   1. The person who is the subject of the records or his guardian, guardian ad litem or attorney;
   2. The physician or surgeon for the person who is the subject of the records;
   3. A person authorized by the person who is the subject of the records, or by his parent or guardian if he is a minor or ward, to evaluate the person’s eligibility for admission to the center for residential services or to determine whether his residence is the most appropriate and therapeutic environment for the person;
   4. A court, upon a showing that access to the records is necessary for the determination of an issue before it. Access under this paragraph is limited to an in camera inspection unless the court finds public disclosure is necessary;
   5. Qualified employees of the department and the center and professional persons while in the performance of their official duties;
   6. A person as required by law, including the Health Insurance Portability and Accountability Act and the Medicaid program.
3. Repealed by Laws 2008, ch. 85, § 2.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-671; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2008, ch. 85, §§ 1, 2; 2019 ch. 78, § 2, effective July 1, 2019.

The 2008 amendment, effective July 1, 2008, rewrote (a) and (b); and repealed former (c), which provided penalties for the unauthorized release of information from training school records.

The 2019 amendment, effective July 1, 2019, in (b)(vi), deleted "the Wyoming Hospital Records and Information Act."

§ 25-5-132. No determination of incompetency; notification of rights; deniable rights and conditions therefor; undeniable rights.

1. The determination that a person is eligible for admission to the center is not a determination or adjudication that the person is incompetent.
2. Upon admission to the center for residential services, a client shall be informed orally and in writing of his rights under this section. If the client is a minor, or ward, his parents, guardian or guardian ad litem shall be informed orally and in writing of his rights under this section.
3. The following rights of a client may be denied or limited only as a part of his individual program plan for purposes of safety and health. The client or if the client is a minor or ward, his parents, guardian or guardian ad litem shall be informed in writing and orally of the grounds for the denial or limitation. The grounds for denial or limitation shall be entered in the individual program plan:
   1. The right to send and receive unopened mail;
   2. The right to choose and wear his own clothing;
   3. The right to keep and use his own personal possessions including his toilet articles;
   4. The right to keep and spend his own money;
   5. The right to be free from physical restraints and chemical restraints that substitute for active treatment or behavior modification programs, except in emergency situations as necessary to protect the client or others;
   6. The right to privacy in matters such as toileting and bathing;
   7. The right to make and receive telephone calls;
   8. The right to receive visitors daily;
   9. The right to an appropriate personal space that provides privacy and personal safety;
   10. The right to be free from abuse;
   11. The right to vote;
   12. The right to choose where and with whom to live;
   13. The right to present grievances and complaints or to request changes in policies and services without restraint, interference, coercion, discrimination or reprisal;
   14. The right to participate or refuse to participate in religious worship;
   15. The right to the least restrictive environment.
4. A client may not be denied the following rights unless the denial is authorized by a court, the client or, if the client is a minor or ward, his parent or guardian:
   1. The right to be free from unnecessary or excessive medication;
   2. The right to refuse to be subjected to experimental medical or psychological research without the express and informed consent of the client or his parent or guardian if he is a minor or ward. The client or his parent or guardian may consult with independent medical or psychological specialists and his attorney before consenting or refusing;
   3. The right to refuse to be subjected to drastic treatment procedures without the express and informed consent of the client and his parent or guardian if he is a minor or ward.
   4. and (v) Repealed by Laws 2008, ch. 85, § 2.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-672; Laws 1982, ch. 62, § 3; 2008, ch. 85, §§ 1, 2.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school” in (a); and rewrote (b) through (d), including the repeal of (d)(iv) and (d)(v), which pertained to the right to participate in religious worship and to send and receive sealed mail while in training school.

§ 25-5-133. Restraint; conditions for use; strict administration of medication; prohibited uses.

1. Isolation or seclusion procedures in which a person is placed alone in a locked room or in an area from which the person is physically prevented from leaving are prohibited. Restraint of a client shall be used only when less restrictive measures are ineffective for the welfare of the client or others and only when necessary to ensure the immediate physical safety of the client or others. Restraint shall be used in a manner which ensures that the dignity and safety of the person restrained are protected and shall be regularly monitored by trained staff. The reason for restrictive measures shall be reported in the client’s records and shall be reviewed by the interdisciplinary team and program manager. In addition, the client’s individual program plan shall address active treatment or less restrictive measures to manage or eliminate the behaviors for which restraint was used.
2. Medication shall be administered to a client only pursuant to the order of a medical professional acting within the scope of his license. A record of the medication, the dosage administered, the date and the person administering the medication to each client shall be kept in each client’s treatment record. Medication shall not be used as punishment, for the convenience of staff or in quantities that interfere with a client’s treatment program.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-673; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, rewrote the section.

§ 25-5-134. Employment of clients within institution; wages; duties; discharge for cause.

Clients who are employed within the center shall be paid a reasonable wage based upon commensurate wages under special certificate as authorized by the federal Fair Labor Standards Act at 21 U.S.C. 214(c). The program manager shall prescribe for each position a written job description with wages, benefits and job duties clearly defined. The employment relationship pursuant to this section shall be at will.

History. Laws 1981, ch. 164, § 1; W.S. 1977, § 9-6-674; Laws 1982, ch. 62, § 3; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, rewrote the section.

§ 25-5-135. Medications aides.

Any person trained and qualified as a medication aide may administer medications in basic client care situations at the center. The center shall develop curricula, certification criteria and protocols concerning administration of medications and use of medication aides. Every medication aide shall perform the duties authorized under this section under the direction of a person licensed by the laws of this state to administer medications. The direction of medication aides shall not constitute an unlawful delegation of professional duties by the licensed nurse or other professional licensed to administer medications.

History. Laws 2002, Sp. Sess., ch. 27, § 1; 2008, ch. 85, § 1.

The 2008 amendment, effective July 1, 2008, substituted “center” for “training school” and “client” for “resident.”

§ 25-6-101. Authority of state to receive property; maintenance; sale and investment of proceeds.

1. The state may receive gifts, devises, bequests, deeds and other conveyances of property of any kind for the benefit of the blind citizens of Wyoming.
2. The property received shall be cared for and may be sold and the proceeds invested for the benefit of the visually handicapped citizens of Wyoming. The state department of education shall act for the state as the custodian of all property received under this section and shall promulgate rules and regulations for the administration of the property and all proceeds for the benefit of the visually handicapped citizens of Wyoming.

History. Laws 1949, ch. 47, § 1; W.S. 1957, § 9-469; W.S. 1977, § 9-6-701; Laws 1982, ch. 62, § 3; 1989, ch. 153, § 1; 1991, ch. 221, § 2; 1992, ch. 13, § 1.

Cross references. —

As to welfare provisions generally, see title 42.

§ 25-7-101. [Repealed.]

Repealed by Laws 1998, ch. 7, § 2.

Cross references. —

For general provisions pertaining to treatment for youthful offenders, see chapters 3 and 4 of this title.

As to decrees where a child is adjudged in need of supervision, see § 14-6-429 .

Editor's notes. —

This section, which derived from Laws 1933, ch. 117, § 1, related to the powers and duties of the department of family services.

§ 25-7-102. [Repealed.]

Repealed by Laws 1986, ch. 25, § 3.

Editor's notes. —

This section, which derived from Laws 1937, ch. 25, § 1, related to payments for the care or support of children assigned to the state children's home.

§ 25-8-101. Purpose.

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), the purpose of the pioneer home and the Wyoming retirement center is to provide a place for the care and maintenance of residents of this state who are afflicted with the infirmities of old age.

History. Laws 1950, Sp. Sess., ch. 6, § 2; W.S. 1957, § 9-480; W.S. 1977, § 9-6-902; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1998, ch. 11, § 1.

§ 25-8-102. Powers and duties of department of health.

1. The department of health may:
   1. Construct, maintain, equip, operate and manage the pioneer home and the Wyoming retirement center;
   2. Purchase, rent or otherwise provide the equipment, materials or supplies necessary to carry out the purposes hereof;
   3. Dispose of equipment, materials and supplies no longer required in the operations of the pioneer home or the Wyoming retirement center;
   4. Adopt rules and regulations for the admission, conduct and discharge of residents;
   5. Accept gifts on behalf of the state for the use of the pioneer home and the Wyoming retirement center;
   6. Provide medical care for residents of the Wyoming retirement center.

History. Laws 1950, Sp. Sess., ch. 6, § 3; W.S. 1957, § 9-481; W.S. 1977, § 9-6-903; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-8-103. Conditions for admission; charges for care.

Admission to the pioneer home and the Wyoming retirement center shall be voluntary and only upon prior approval by the department of health. Indigent aged persons may be cared for without charge. Nonindigent aged persons may be cared for under terms and conditions fixed by the department pursuant to W.S. 25-11-101 through 25-11-108 .

History. Laws 1950, Sp. Sess., ch. 6, § 4; 1951, ch. 111, § 1; W.S. 1957, § 9-482; W.S. 1977, § 9-6-904; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1989, ch. 50, § 2; 1991, ch. 221, § 2.

§ 25-8-104. Receipt and disposition of revenues and gifts.

1. All revenues received from the operation of the pioneer home and from gifts given for the general purpose of the pioneer home shall be paid over to the state treasurer and deposited in the general fund. Gifts given for a specific purpose shall be kept in a separate account to be expended by the department of health for the specific purpose.
2. The department shall deposit all funds received, collected by or donated to the Wyoming retirement center for care of patients into the special revenue fund. The funds collected are appropriated to the department and shall only be expended to fund the operation of the Wyoming retirement center and shall be disbursed pursuant to W.S. 9-4-304 .

History. Laws 1950, Sp. Sess., ch. 6, § 5; 1955, ch. 26, § 2; W.S. 1957, § 9-483; Laws 1973, ch. 245, § 3; W.S. 1977, § 9-6-905; Laws 1982, ch. 62, § 3; 1985, ch. 181, § 1; 1991, ch. 221, § 2; 2005, ch. 231, § 1; 2017 ch. 54, § 2, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the trust and agency fund.”

The 2017 amendment, effective July 1, 2017, added (b); and in present (a), deleted “and the Wyoming retirement center” following “pioneer home” twice.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 25-9-101. Purpose; admission of veterans and veterans' dependents.

1. Except as  otherwise authorized by rules and regulations promulgated in accordance  with W.S. 9-2-106(d), the veterans’ home of Wyoming shall provide domiciliary level care and, if appropriate  facilities are completed, may provide skilled nursing facility level  care to:
   1. Honorably discharged veterans of the armed forces of the United States; and
   2. Members of the state national guard disabled while on duty.
2. Persons qualifying under subsection (a) of this section shall also be persons who:
   1. By reason of wounds, disease, old age or other infirmities are unable to earn their living and have no adequate means of support; and
   2. Have been domiciled in this state for at least five (5) years next preceding their application for admission to the home.
3. The department of health may admit dependents of soldiers, sailors or disabled members of the national guard, if it deems admission proper.
4. There is created an account for use by the veterans’ home of Wyoming for the general benefit of residents of the veterans’ home. Profits from the sale of commodities at the veterans’ home canteen after provision for increased inventories and servicing of the canteen facility and the interest earned from those profits shall be transferred to the account created by this subsection and are continuously appropriated to the department of health to be expended solely for the benefit of the veterans’ home.

History. Laws 1899, ch. 17, § 1; R.S. 1899, § 690; Laws 1903, ch. 46, § 1; C.S. 1910, § 579; C.S. 1920, § 668; Laws 1929, ch. 101, § 1; R.S. 1931, § 108-1301; C.S. 1945, § 19-301; Laws 1951, ch. 80, § 1; W.S. 1957, § 9-484; W.S. 1977, § 9-6-1001; Laws 1982, ch. 62, § 3; 1985, ch. 11, § 1; 1991, ch. 221, § 2; 1998, ch. 11, § 1; 2005, ch. 231, § 1; 2016 ch. 44, § 1, effective July 1, 2016.

The 2005 amendment, effective July 1, 2005, added (d).

The 2016 amendment, effective July 1, 2016, substituted “shall provide domiciliary level care and, if appropriate facilities are completed, may provide skilled nursing facility level care to” for “is for the care and treatment of” in (a).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 25-9-102. When nonveterans permitted admission; preference to veterans and veterans' dependents.

1. The department of health may admit persons who are not veterans or dependents of veterans for care and treatment at the veterans’ home of Wyoming if:
   1. The home is not filled to ninety percent (90%) of capacity and there are pending no applications of veterans or veterans’ dependents;
   2. The applicants are unable to earn their living and have no adequate means of support because of disease, old age or other infirmities;
   3. The applicants have been domiciled in this state for at least five (5) years next preceding their application for admission to the home;
   4. The persons are admitted pursuant to rules and regulations promulgated in accordance with W.S. 9-2-106(d).
2. In all cases veterans and dependents of veterans shall be given preference of admission.

History. Laws 1963, ch. 10, §§ 1 to 3; W.S. 1957, § 9-484.1 to 9-484.3; W.S. 1977, §§ 9-6-1002 to 9-6-1004; Laws 1982, ch. 62, § 3; 1985, ch. 11, § 1; 1991, ch. 221, § 2; 1998, ch. 11, § 1.

§ 25-9-103. Acceptance of donations.

The department of health on behalf of the state may accept donations of lands, money or other property.

History. Laws 1899, ch. 17, § 2; R.S. 1899, § 691; C.S. 1910, § 581; C.S. 1920, § 670; R.S. 1931, § 108-1303; C.S. 1945, § 19-303; W.S. 1957, § 9-486; W.S. 1977, § 9-6-1006; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2.

§ 25-9-104. Medical care of residents; burial of deceased residents.

1. The department of health shall:
   1. Furnish medical care for all residents of the home;
   2. Provide a place of burial; and
   3. Bury deceased residents.

History. Laws 1899, ch. 17, § 3; R.S. 1899, § 692; C.S. 1910, § 582; C.S. 1920, § 671; R.S. 1931, § 108-1304; C.S. 1945, § 19-304; W.S. 1957, § 9-487; Laws 1973, ch. 215, § 1; ch. 245, § 3; W.S. 1977, § 9-6-1007; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-9-105. Disposition of monies received from national home for disabled volunteer soldiers.

Money received from the board of managers of the national home for disabled volunteer soldiers shall be deposited in a separate account. The money shall be expended by the department of health for the veterans’ home of Wyoming.

History. Laws 1899, ch. 17, § 9; R.S. 1899, § 698; C.S. 1910, § 588; C.S. 1920, § 677; R.S. 1931, § 108-1309; C.S. 1945, § 19-309; W.S. 1957, § 9-492; Laws 1973, ch. 245, § 3; W.S. 1977, § 9-6-1010; Laws 1982, ch. 62, § 3; 1985, ch. 11, § 1; 1991, ch. 221, § 2; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the trust and agency fund.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 25-9-106. Chaplain; appointment; term; duties.

The department of health may appoint a chaplain of the veterans’ home of Wyoming who shall hold his office for a period of one (1) year from date of his appointment unless removed for cause. He shall have charge of the moral and intellectual welfare of the residents of the home. He shall visit the home at least twice a month and provide services therein as he desires.

History. Laws 1915, ch. 20, § 1; C.S. 1920, § 679; R.S. 1931, § 108-1311; C.S. 1945, § 19-311; W.S. 1957, § 9-494; Laws 1973, ch. 215, § 1; W.S. 1977, § 9-6-1011; Laws 1982, ch. 62, § 3; 1985, ch. 11, § 1; 1991, ch. 221, § 2.

§ 25-10-101. Definitions. [Effective until July 1, 2022]

1. As used in this act:
   1. “Court” means the district court which ordered detention, directed outpatient commitment or involuntary  hospitalization of the person pursuant to this act, or the district court in the county where the person resides, is found or is hospitalized;
   2. “Dangerous to himself or others” means that, as a result of mental illness, a person:
      1. Evidences a substantial probability of physical harm to himself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm; or
      2. Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or
      3. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness. No person, however, shall be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety if he is able to satisfy those needs with the supervision and assistance of others who are willing and available;
      4. While this definition requires evidence of recent acts or omissions of endangerment, either to self or others, a court may consider a person’s mental health history in determining whether directed outpatient commitment or involuntary hospitalization is warranted.
   3. “Department” means the state department of health;
   4. “Examiner” means a licensed psychiatrist, a licensed physician, a licensed advanced practice registered nurse, a licensed physician assistant, a licensed psychologist, a licensed professional counselor, a licensed addictions therapist, a licensed clinical social worker or a licensed marriage and family therapist;
   5. “Head of hospital” means the individual in charge of a hospital or his designee. When this act requires or authorizes the head of a hospital to perform an act which involves the practice of medicine, the act shall be performed by a physician;
   6. “Hospital” means a facility designated pursuant to W.S. 25-10-104 or the state hospital;
   7. “Mental health center” means a community human services program for the prevention, treatment and amelioration of mental illness under W.S. 35-1-611 through 35-1-627 or an equivalently staffed and equipped student health service;
   8. Repealed by Laws 1999, ch. 172, § 3.
   9. “Mental illness” and “mentally ill” mean a physical, emotional, mental or behavioral disorder which causes a person to be dangerous to himself or others and which requires treatment, but do not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities, except when one (1) or more of those conditions co-occurs as a secondary diagnosis with a mental illness;
   10. “Patient” means an individual receiving treatment pursuant to this act;
   11. “Physician” means an individual licensed under the laws of this state to practice medicine, or a physician in the service of the United States government while in this state in the performance of his official duties;
   12. “State hospital” means the Wyoming state hospital at Evanston, Wyoming;
   13. “Treatment” means diagnosis, evaluation, intervention, which may include psychiatric medication, individual and group mental health counseling, illness management diversion services such as immediate linkages to mental health services in the community and discharge planning. Treatment shall begin at the time of detention, if the person knowingly and voluntarily consents, and shall continue throughout involuntary hospitalization or directed outpatient commitment. Treatment may be given without the consent of the detained person or his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others. “Treatment” does not include observation or supervision;
   14. “Treatment center” or “treatment provider” means as defined by department rule;
   15. “Resident” means a United States citizen who has been a resident of and domiciled in Wyoming for not less than ninety (90) days and who has not claimed residency elsewhere for the purpose of obtaining medical or psychiatric services during that ninety (90) day period immediately preceding the date when services under this act were sought or imposed. “Resident” also includes any alien who has resided continuously in Wyoming for at least ninety (90) days immediately prior to the date when services under this act were sought or imposed. “Resident” also includes any active duty member, the spouse or minor child of any active duty member of the armed forces of the United States who is stationed in Wyoming;
   16. “Gatekeeper” means the single point of responsibility which may be designated by the department pursuant to W.S. 25-10-112(g);
   17. “This  act” means W.S. 25-10-101 through 25-10-305 .

History. Laws 1963, ch. 188, § 1; W.S. 1957, § 25-49; W.S. 1977, § 25-3-101 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, §§ 1, 2; 1990, ch. 7, § 1; 1991, ch. 221, § 2; 1999, ch. 172, §§ 2, 3; 2001, ch. 155, § 1; 2004, ch. 130, § 1; 2010, ch. 79, § 1; 2011, ch. 54, § 1; 2016 ch. 102, § 2, effective March 11, 2016; 2021 ch. 79, § 1, effective July 1, 2022.

Cross references. —

For constitutional provision fixing the location of the state hospital and providing that an election shall be necessary to change the permanent location of such institution, see art. 7, § 23, Wyo. Const.

As to department of health, see §§ 9-2-101 through 9-2-108 .

As to licensing of physicians generally, see §§ 33-26-301 through 33-26-307 .

The 2004 amendment, in (a)(xiv), substituted “25-10-305” for “25-10-404.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2010 amendment, effective July 1, 2010, in (a)(ix), inserted “but do not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities, except when one (1) or more of those conditions co-occurs as a secondary diagnosis with a mental illness”; and in (a)(xiii), rewrote the subsection to expand the definition of “treatment.”

The 2011 amendment, effective July 1, 2011, in (a)(iv), substituted “an advanced practice registered nurse” for “a licensed advanced practitioner of nursing,” and added the present last sentence.

The 2016 amendment inserted “directed outpatient commitment” following “detention” and “involuntary” preceding “hospitalization” in (a)(i); added (a)(ii)(D); in (a)(iv) substituted “a licensed” for “an advanced” and “a licensed physician assistant” for “with a clinical specialty in psychiatric and mental health nursing working in collaboration with a licensed physician,” and deleted the former last sentence, which read, “For purposes of emergency detention proceedings only, ‘examiner’ includes a licensed physician's assistant; ”inserted “or directed outpatient commitment” following “hospitalization” in (a)(xiii); redesignated (a)(xiv) as (a)(xvii); and added (a)(xiv) and (a)(xvi).

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

The 2021 amendment , effective July 1, 2022, substituted "behavioral health center as defined by W.S. 35-1-613(a)(xvi), other provider" for "community human services program for the prevention, treatment and amelioration of mental illness" in (a)(vii); and deleted ", except when one (1) or more of those conditions co-occurs as a secondary diagnosis with a mental illness" at the end of (a)(ix).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Appropriations. —

Laws 2007, ch. 216, § 1, provides:

“(a) There is appropriated three hundred eighty-three thousand six hundred sixty dollars ($383,660.00), or as much thereof as is necessary, from the general fund to the Wyoming state hospital, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall only be used to implement a program to treat individuals with co-occurring diagnoses of serious, persistent mental illness and alcohol/substance abuse, dependence or addiction. The program shall provide initial psychiatric symptom stabilization, followed by a treatment intervention, using multi-therapeutic interventions to include social integration and rehabilitation, vocational guidance and individualized recovery and rehabilitation goals to manage the person's mental illness and substance abuse issues.

“(b) The Wyoming state hospital is authorized eight (8) full-time equivalent positions to implement the program specified in subsection (a) of this section.

“(c) The department of health shall include a request in its 2009-2010 standard budget request for purposes of continuing funding of the program specified in subsection (a) of this section and the positions authorized under subsection (b) of this section.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Section constitutional. —

This section is constitutional, as it constitutes a reasonable attempt by the state legislature to balance the interests of the mentally ill individual against the interests of the state. Moore v. Wyoming Medical Ctr., 825 F. Supp. 1531, 1993 U.S. Dist. LEXIS 9647 (D. Wyo. 1993).

Applicability. —

Court was not required to construe language contained in Wyo. Stat. Ann. § 6-8-104(g), pertaining to an application for a permit to carry a concealed weapon, solely in light of definition of “dangerous to himself or others” set out in subdivision (a)(ii) of this section. Mecikalski v. Office of the AG, 2 P.3d 1039, 2000 Wyo. LEXIS 110 (Wyo. 2000).

Dangerousness to self. —

The evidence, including defendant's history of mental illness, and past hospitalizations which showed a pattern of recurring improvement on medication and then deterioration when he stopped taking his medication, and recent acts or omissions demonstrating defendant was unable to satisfy his need for medical care so that serious mental destabilization from his refusal to take psychotropic medications for his diagnosed condition had occurred, overwhelmingly supported a finding of dangerousness to himself under § 25-10-101(a)(ii)(C)Baker v. State, 2002 WY 116, 50 P.3d 712, 2002 Wyo. LEXIS 122 (Wyo. 2002).

District court did not err in finding the inmate mentally ill as defined because she had a physical, emotional, mental or behavioral disorder, which caused her to be dangerous to herself in that she evidenced a substantial probability of physical harm to herself as manifested by evidence of recent threats of or attempts at serious bodily harm and which required treatment. ASM v. State, 2021 WY 109, 496 P.3d 764, 2021 Wyo. LEXIS 119 (Wyo. 2021).

Mental health history. —

While requiring evidence of recent acts of endangerment, § 25-10-101(a)(ii)(C) does not prohibit courts from considering a person's mental health history in determining whether involuntary hospitalization is warranted. Baker v. State, 2002 WY 116, 50 P.3d 712, 2002 Wyo. LEXIS 122 (Wyo. 2002).

Quoted in

K.C. v. State, 771 P.2d 774, 1989 Wyo. LEXIS 80 (Wyo. 1989); Keats v. State, 2005 WY 81, 115 P.3d 1110, 2005 Wyo. LEXIS 95 (2005).

Cited in

Reiter v. State, 2001 WY 116, 36 P.3d 586, 2001 Wyo. LEXIS 142 (Wyo. 2001); Keats v. State, 2003 WY 19, 64 P.3d 104, 2003 Wyo. LEXIS 21 (Wyo. 2003); Deshazer v. State, 2003 WY 98, 74 P.3d 1240, 2003 Wyo. LEXIS 119 (Wyo. 2003); United States v. Bradley, 417 F.3d 1107, 2005 U.S. App. LEXIS 15477 (2005); State ex rel. W. Park Hosp. Dist. v. Skoric, 2014 WY 41, 2014 Wyo. LEXIS 43 (Mar 25, 2014).

Cited in

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb 6, 2013).

§ 25-10-101. Definitions. [Effective July 1, 2022]

1. As used in this act:
   1. “Court” means the district court which ordered detention, directed outpatient commitment or involuntary  hospitalization of the person pursuant to this act, or the district court in the county where the person resides, is found or is hospitalized;
   2. “Dangerous to himself or others” means that, as a result of mental illness, a person:
      1. Evidences a substantial probability of physical harm to himself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm; or
      2. Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or
      3. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness. No person, however, shall be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety if he is able to satisfy those needs with the supervision and assistance of others who are willing and available;
      4. While this definition requires evidence of recent acts or omissions of endangerment, either to self or others, a court may consider a person’s mental health history in determining whether directed outpatient commitment or involuntary hospitalization is warranted.
   3. “Department” means the state department of health;
   4. “Examiner” means a licensed psychiatrist, a licensed physician, a licensed advanced practice registered nurse, a licensed physician assistant, a licensed psychologist, a licensed professional counselor, a licensed addictions therapist, a licensed clinical social worker or a licensed marriage and family therapist;
   5. “Head of hospital” means the individual in charge of a hospital or his designee. When this act requires or authorizes the head of a hospital to perform an act which involves the practice of medicine, the act shall be performed by a physician;
   6. “Hospital” means a facility designated pursuant to W.S. 25-10-104 or the state hospital;
   7. “Mental health center” means a behavioral health center as defined by W.S. 35-1-613(a)(xvi), other provider under W.S. 35-1-611 through 35-1-627 or an equivalently staffed and equipped student health service;
   8. Repealed by Laws 1999, ch. 172, § 3.
   9. “Mental illness” and “mentally ill” mean a physical, emotional, mental or behavioral disorder which causes a person to be dangerous to himself or others and which requires treatment, but do not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities;
   10. “Patient” means an individual receiving treatment pursuant to this act;
   11. “Physician” means an individual licensed under the laws of this state to practice medicine, or a physician in the service of the United States government while in this state in the performance of his official duties;
   12. “State hospital” means the Wyoming state hospital at Evanston, Wyoming;
   13. “Treatment” means diagnosis, evaluation, intervention, which may include psychiatric medication, individual and group mental health counseling, illness management diversion services such as immediate linkages to mental health services in the community and discharge planning. Treatment shall begin at the time of detention, if the person knowingly and voluntarily consents, and shall continue throughout involuntary hospitalization or directed outpatient commitment. Treatment may be given without the consent of the detained person or his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others. “Treatment” does not include observation or supervision;
   14. “Treatment center” or “treatment provider” means as defined by department rule;
   15. “Resident” means a United States citizen who has been a resident of and domiciled in Wyoming for not less than ninety (90) days and who has not claimed residency elsewhere for the purpose of obtaining medical or psychiatric services during that ninety (90) day period immediately preceding the date when services under this act were sought or imposed. “Resident” also includes any alien who has resided continuously in Wyoming for at least ninety (90) days immediately prior to the date when services under this act were sought or imposed. “Resident” also includes any active duty member, the spouse or minor child of any active duty member of the armed forces of the United States who is stationed in Wyoming;
   16. “Gatekeeper” means the single point of responsibility which may be designated by the department pursuant to W.S. 25-10-112(g);
   17. “This act” means W.S. 25-10-101 through 25-10-305 .

History. Laws 1963, ch. 188, § 1; W.S. 1957, § 25-49; W.S. 1977, § 25-3-101 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, §§ 1, 2; 1990, ch. 7, § 1; 1991, ch. 221, § 2; 1999, ch. 172, §§ 2, 3; 2001, ch. 155, § 1; 2004, ch. 130, § 1; 2010, ch. 79, § 1; 2011, ch. 54, § 1; 2016 ch. 102, § 2, effective March 11, 2016; 2021 ch. 79, § 1, effective July 1, 2022.

§ 25-10-102. Admittees subject to rules and regulations of department.

All persons admitted to the state hospital shall be subject to the rules and regulations of the department.

History. Laws 1963, ch. 188, § 2; W.S. 1957, § 25-50; W.S. 1977, § 25-3-102 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 2021 ch. 149, § 1, effective July 1, 2021.

The 2021 amendment, effective July 1, 2021, substituted "department " for "state hospital" in the section heading and at the end.

§ 25-10-103. Admission of persons with mental illness to hospital or treatment center.

Subject to the rules and regulations of the department, a hospital or any other treatment provider providing treatment under this act may admit persons who have symptoms of mental illness for treatment in their hospital or treatment center.

History. Laws 1963, ch. 188, § 3; W.S. 1957, § 25-51; W.S. 1977, § 25-3-103 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 2016 ch. 102, § 2, effective March 11, 2016.

The 2016 amendment rewrote the section, which formerly read, “Subject to the rules and regulations of the hospital, the head of a hospital may admit persons who have symptoms of mental illness pursuant to W.S. 25-10-106 , 25-10-109 or 25-10-110 .”

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

Quoted in

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb. 6, 2013).

§ 25-10-104. Duties of department of health as to hospitals other than state hospital.

1. The department, with respect to hospitals or other treatment providers other than the state hospital, shall:
   1. Adopt standards for the designation of hospitals or other licensed treatment providers as qualified to accept patients and provide treatment under this act;
   2. Designate hospitals or other treatment providers which qualify to provide services under this act;
   3. Enter into contracts or agreements with designated hospitals or other treatment providers for the treatment of patients with mental illness;
   4. Require information from designated hospitals and other treatment providers  concerning the services rendered to patients under the provisions of this act;
   5. Repealed by Laws 2016, ch. 102, § 3.
   6. Investigate complaints made by or on behalf of patients with mental illness; and
   7. Promulgate rules and regulations for the administration of this act, including rules regarding reimbursement under W.S. 25-10-112 .

History. Laws 1963, ch. 188, § 4; W.S. 1957, § 25-52; W.S. 1977, § 25-3-104 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 2006, ch. 111, § 1; 2016 ch. 102, §§ 2, 3, effective March 11, 2016.

Cross references. —

For meaning of “department,” see § 25-10-101(a)(iii).

The 2006 amendment, effective July 1, 2006, inserted “designated” in the introductory language of (a), in (a), inserted “or other licensed treatment facilities” throughout; inserted “accept patients and” in (i); in (iii), inserted “inpatient” and added the last sentence.

The 2016 amendments. — The first 2016 amendment, by ch. 102 § 2, in (a), substituted “hospitals or other treatment providers” for “designated hospitals or other licensed treatment facilities”; substituted “providers” for “facilities” in (a)(i); rewrote (a)(ii), which formerly read, “Designate hospitals or other licensed treatment facilities which qualify under the standards adopted pursuant to paragraph (i) of this subsection”; rewrote (a)(iii), which formerly read, “Enter into contracts with designated hospitals or other licensed treatment facilities for the inpatient treatment of persons with mental illness, and other services incident to the hospitalization of patients. Designated hospitals or other licensed treatment facilities having a contract with the department shall receive individuals detained under W.S. 25-10-109 ”; in (a)(iv), substituted “reports” for “information” and “treatment providers” for “licensed treatment facilities”; and in (a)(vii), inserted “for the administration of this act” following “regulations.”

The second 2016 amendment, by ch. 102 § 3, repealed former (a)(v), which read: "Visit each designated hospital and each other licensed treatment facilities at least once a year to review methods of treatment for all patients with mental illness."

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsections (a)(i) and (a)(iv), see § 25-10-101(a)(xiv) and notes thereto.

Quoted in

K.C. v. State, 771 P.2d 774, 1989 Wyo. LEXIS 80 (Wyo. 1989).

§ 25-10-105. Duties of department of health as to state hospital.

1. The department shall:
   1. Adopt standards governing the state hospital;
   2. Visit the state hospital to review methods of treatment of patients; and
   3. Investigate complaints made by or on behalf of state hospital patients.

History. Laws 1963, ch. 188, § 5; W.S. 1957, § 25-53; Laws 1973, ch. 245, § 3; W.S. 1977, § 25-3-105 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1991, ch. 221, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-10-106. Voluntary applications for admission.

1. The head of a hospital may admit for treatment any adult who has symptoms of mental illness but who has sufficient insight or capacity to make responsible, voluntary application for admission and who applies for admission.
2. A person who has symptoms of mental illness but because of minority or incompetency is not capable of making a responsible, voluntary application for admission may be admitted for treatment upon application by a parent or guardian if the application:
   1. Is accompanied by a statement of an examiner that the person is mentally ill; and
   2. An examiner at the hospital, based on a personal interview, determines that the person is mentally ill.

History. Laws 1963, ch. 188, § 6; W.S. 1957, § 25-54; Laws 1973, ch. 213, § 2; W.S. 1977, § 25-3-106 ; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1.

Cross references. —

As to age of majority and rights upon emancipation, see § 14-1-101 .

§ 25-10-107. When voluntary patients shall be discharged.

The head of a hospital shall discharge any patient admitted pursuant to W.S. 25-10-106(a) or (b) who no longer needs hospital treatment.

History. Laws 1963, ch. 188, § 9; W.S. 1957, § 25-57; W.S. 1977, § 25-3-109; Laws 1981, Sp. Sess., ch. 24, § 1; Rev. W.S. 1977, § 25-3-108; Laws 1982, ch. 62, § 3; 1989, ch. 147, § 1.

§ 25-10-108. Release upon request; exceptions; discharge plan.

1. A patient admitted pursuant to W.S. 25-10-106 who requests his release in writing or whose release is requested in writing by the person responsible for his care or custody, shall be released within twenty-four (24) hours after receipt of the request except:
   1. If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the consent of the patient; or
   2. If the patient is a minor or incompetent, his release may be conditioned upon the consent of his parent or guardian.
2. The hospital shall prepare a discharge plan in accordance with policies, rules and regulations of the department.

History. Laws 1963, ch. 188, § 8; W.S. 1957, § 25-56; Laws 1973, ch. 213, § 2; W.S. 1977, § 25-3-108; Laws 1981, Sp. Sess., ch. 24, §§ 1, 2; Rev. W.S. 1977, § 25-3-109; Laws 1982, ch. 62, § 3; 1989, ch. 147, § 1; 1991, ch. 221, § 2.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of conditions imposed when releasing person committed to institution as consequence of acquittal of crime on ground of insanity, 2 ALR4th 934.

§ 25-10-109. Emergency detention.

1. A person may be detained when:
   1. A law enforcement officer or examiner has reasonable cause to believe a person is mentally ill pursuant to W.S. 25-10-101 ;
   2. A court has entered an ex parte order for immediate detention of a person pursuant to W.S. 25-10-110 .1(h);
   3. A hospital revokes convalescent status release of a person pursuant to W.S. 25-10-127(b) based on a previous or current determination of mental illness.
2. Immediately after detaining the person, the officer shall contact an examiner. A preliminary examination of the person shall be conducted by an examiner within twenty-four (24) hours after the detention. If a preliminary examination is not conducted within twenty-four (24) hours the detained person shall be released. If the person is detained following the preliminary examination, an examiner shall reexamine the person not less than every forty-eight (48) hours until the hearing under subsections (h) through (k) of this section. If the examiner giving the preliminary examination, or any reexamination as required by this subsection, finds that the person:
   1. Is not mentally ill, the person shall be released immediately;
   2. Was mentally ill, but is no longer dangerous to himself or others, the examiner shall, with patient consent, arrange follow up mental health care and the person shall be released immediately; or
   3. Is mentally ill, the person may be detained for seventy-two (72) hours excluding Saturdays, Sundays and legal holidays.
3. No person shall be detained for more than seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays, without a hearing under subsections (h) through (k) of this section.
4. A person taken into custody under this section may be detained in a hospital or other care setting which is appropriate under the circumstances and which complies with subsection (n) of this section. The person shall not be detained in a nonmedical facility used for detention of persons charged with or convicted of penal offenses except in extreme emergency or if there are no other reasonable alternatives. The law enforcement officer or examiner who detained the person shall immediately notify the person responsible for the care and custody of the detained person, if known, of the time and place of detention.
5. The law enforcement officer or examiner who initially detained the person shall make a written statement of the facts of the emergency detention. A copy of the statement shall be given to the detained person, his parent or guardian, to any attorney representing the person, to the county attorney in the county where the person is detained, to any gatekeeper designated by the department and to any subsequent examiner.
6. When a person is detained under emergency circumstances, treatment may be given during the emergency detention period if the person voluntarily and knowingly consents. The parent or guardian of a minor or incompetent person may consent to treatment. If the parent or guardian of a minor patient does not consent to treatment, a petition may be filed under the Child Protection Act. Treatment may be given without the consent of the detained person or his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others. Prior to treatment, the person shall be fully advised of the scope of treatment, and a report of the treatment shall be provided to the county attorney, to any gatekeeper designated by the department and shall be filed with the court if continued detention is sought, or if directed outpatient commitment or involuntary hospitalization proceedings are commenced. An examiner or a physician who provides treatment in good faith pursuant to this subsection shall be immune from civil liability for the treatment except there shall be no immunity from liability for negligent acts or deliberate misconduct.
7. At the time of emergency detention the person shall be informed orally and in writing of his right to contact his family and an attorney, of his right to appointed counsel if he is indigent, of his right to remain silent and that his statements may be used as a basis for continued detention, directed outpatient commitment or involuntary hospitalization.
8. When a person is detained in emergency detention and continued detention is sought, or an application for directed outpatient commitment or involuntary hospitalization is filed by the county attorney, the court shall appoint an attorney to represent the detained person unless he has his own attorney. The court shall conduct a hearing within seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays, of the initial detention to determine whether continued detention is required pending directed outpatient commitment or involuntary hospitalization proceedings. The county attorney of the county where the application is filed shall appear on behalf of the state at the hearing. Any gatekeeper designated by the department pursuant to W.S. 25-10-112(g) shall appear at the hearing and provide testimony concerning continued detention and, if applicable, the issues outlined in subsection (m) of this section. Notice of the preliminary hearing shall be given to the county attorney, any gatekeeper designated by the department, the detained person and his parent, guardian and attorney. The court may delay the hearing only at the request of the detained person or his parent, guardian or his attorney. The hearing for continued detention may be waived at the request of the detained person or the detained person’s parent, guardian or attorney. If a hearing for continued detention has been waived, the court may immediately conduct the directed outpatient commitment or involuntary hospitalization hearing.
9. At the hearing the court shall advise the detained person and his parent, guardian or attorney of the contents of the written statement of emergency detention required in subsection (e) of this section and the application for directed outpatient commitment or involuntary hospitalization.
10. The standard of proof in an emergency detention hearing shall be by a preponderance of the evidence. If the court finds at an emergency detention hearing that:
    1. The person is not mentally ill, the court shall order the person released;
    2. The person is mentally ill and has applied for and received voluntary admission, the court may dismiss the proceedings; or
    3. The person is mentally ill, it shall order continued detention of the person for not more than ten (10) days. The court may extend the detention period at the request of the proposed patient or his attorney.
11. If the court finds the person is mentally ill pursuant to paragraph (k)(iii) of this section, the court shall make findings as to the person’s competence to make informed choices regarding treatment and the person’s need for prescribed psychotropic medication. If the court finds the person incompetent to make an informed decision, the court may order the administration of prescribed psychotropic medication for the period of the emergency detention for restabilization of the person’s mental health.
12. Treatment provided as a result of an emergency or continued detention pursuant to this section shall be provided in the least restrictive and most therapeutic setting available with consideration given to requests of the detained person, his parent, guardian or attorney, and recommendations of any gatekeeper. Treatment may include the treatment options outlined in W.S. 25-10-110 .1(d).

History. Laws 1963, ch. 188, § 10; W.S. 1957, § 25-58; W.S. 1977, § 25-3-110; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1985, ch. 87, § 1; 1989, ch. 147, § 1; 1990, ch. 9, § 1; 1999, ch. 172, § 2; 2011, ch. 54, § 1; 2013 ch. 115, § 1, effective July 1, 2013; 2014 ch. 87, § 1, effective July 1, 2014; 2016 ch. 102, § 2, effective March 11, 2016; 2017 ch. 96, § 1, effective March 2, 2017.

Cross references. —

As to age of majority, see § 14-1-101 .

The 2011 amendment, effective July 1, 2011, in (h), added the present last two sentences.

The 2013 amendment, effective July 1, 2013, added the third sentence in (f).

The 2014 amendment, effective July 1, 2014, in the first sentence of (h), added “by the county attorney” following “involuntary hospitalization is filed,” added the present second sentence, in the third sentence, added “the county attorney” following “the detained person and his attorney.”

The 2016 amendment rewrote the act, which formerly read, “Subject to the rules and regulations of the hospital, the head of a hospital may admit persons who have symptoms of mental illness pursuant to W.S. 25-10-106 , 25-10-109 or 25-10-110 .”

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

The 2017 amendment, in (a), added (a)(i),(a)(ii), and (a)(ii) and made a related change; in the introductory language of (b), added the third sentence and added “or any reexamination as required by this subsection” to the last sentence; in (b)(ii), substituted “examiner shall, with patient consent, arrange follow up mental health care and the person shall be” for “person shall be”; in (d), substituted “care setting” for “suitable facility”, added “and which complies with subsection (n) of this section” to the first sentence, and added “or examiner” following “officer” in the last sentence; in (e), added “his parent or guardian, to any attorney representing the person, to the county attorney in the county where the person is detained” in the second sentence; in (f), added “to the county attorney,” “shall be,” and “continued detention is sought, or if” to the fourth sentence; in (g) added “continued detention” following “basis for”; rewrote (h); in (k)(ii) added “and received”; and added (n).

Laws 2017, ch. 96, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2017.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

County attorney’s duties. —

Because statutes with respect to the specific duties of a county attorney in emergency detention and involuntary hospitalization proceedings are ambiguous, the district court did not err in denying appellants' petition for a writ of mandamus directing the county attorney to commence court proceedings and to appear at initial emergency detention hearings as well as to appear and present the case in chief. State ex rel. W. Park Hosp. Dist. v. Skoric, 2014 WY 41, 321 P.3d 334, 2014 Wyo. LEXIS 43 (Wyo. 2014).

Involuntary hospitalization order reversed where no hearing to determine necessity of continued detention. —

As the court, sua sponte, treated the preliminary hearing following emergency detention as a hearing on the involuntary hospitalization application, no hearing to determine the necessity of continued detention being held within 36 (now (72)) hours, as required by subsection (h), the trial court's finding that the person in question was “mentally ill,” and its order for involuntary hospitalization, had to be reversed. In Interest of AM, 694 P.2d 734, 1985 Wyo. LEXIS 441 (Wyo. 1985).

Quoted in

Culver v. Town of Torrington, 930 F.2d 1456, 1991 U.S. App. LEXIS 6203 (10th Cir. 1991).

Stated in

Keats v. State, 2005 WY 81, 115 P.3d 1110, 2005 Wyo. LEXIS 95 (2005).

Cited in

Vit v. State, 909 P.2d 953, 1996 Wyo. LEXIS 1 (Wyo. 1996); Baker v. State, 2002 WY 116, 50 P.3d 712, 2002 Wyo. LEXIS 122 (Wyo. 2002); Deshazer v. State, 2003 WY 98, 74 P.3d 1240, 2003 Wyo. LEXIS 119 (Wyo. 2003).

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb 6, 2013).

§ 25-10-110. Involuntary hospitalization proceedings.

1. Proceedings for the involuntary hospitalization of a person may be commenced by the filing of a written application with the court in the county in which the person is initially detained. Proceedings may also be initiated in the county in which there is a designated hospital if there is a written agreement executed by the county in which the person resides and the designated hospital stating that the county in which the person resides will be responsible for costs of treatment under W.S. 25-10-112(e) that are not covered by the state. The application shall be accompanied by either:
   1. A certificate of an examiner stating:
      1. That he has examined the proposed patient not more than fifteen (15) days prior to the date that the application was filed under this subsection;
      2. His findings and the proposed patient’s history; and
      3. His opinion that the proposed patient is mentally ill; or
   2. A written statement by the applicant and by an examiner that the proposed patient has refused to submit to examination by an examiner, together with a statement of the facts and circumstances supporting the application.
2. Unless the proposed patient is represented by counsel, the court shall appoint an attorney to represent him.
3. Proceedings under this section shall be entitled “In the Interest of  . . . . . ”. The county attorney of the county where the application is filed shall appear in the public interest. The court shall expedite the proceedings.
4. Upon receipt of an application, the court shall issue notice thereof to the proposed patient, the person responsible for the care or custody of the proposed patient, any gatekeeper designated by the department and other persons designated by the court. The notice shall be served as provided by the Wyoming Rules of Civil Procedure. The notice shall apprise the proposed patient:
   1. Of the purpose of the proceeding;
   2. Of the identity of the appointed examiner, and his authority to conduct an examination;
   3. Of his right to counsel, the identity of counsel appointed by the court to represent him and his right to counsel of his own selection;
   4. Of the requirements for an involuntary hospitalization order under subsection (j) of this section;
   5. Of the basis for the proposed hospitalization, including a detailed statement of the facts and supporting testimony;
   6. That a hearing will be held if warranted by the report of the examination of the proposed patient; and
   7. Of the identity of any gatekeeper designated by the department pursuant to W.S. 25-10-112(g).
5. The court shall appoint one (1) or more examiners to examine the proposed patient and to make a written report to the court of the findings as to the history and mental illness of the proposed patient. The court may order the proposed patient to appear for examination and if the proposed patient does not appear the court may compel his appearance. The examination shall be held at a hospital, a medical facility, the home of the proposed patient or any other suitable place which will not have a harmful effect on his health. The examination shall be conducted no later than seven (7) days from the date of the notice. If the examination is conducted by an examiner other than a licensed physician, licensed psychiatrist or licensed psychologist, the court shall appoint a licensed physician, licensed psychiatrist or licensed psychologist to review the findings of the examiner and conduct a further examination, if indicated, and to report to the court.
6. If the examiner reports the proposed patient is not mentally ill, the court shall terminate the proceedings. If the examiner reports the proposed patient is mentally ill, the court shall fix a date for and give notice of a hearing to be held as soon as possible. The notice shall satisfy the requirements of paragraphs (d)(i) through (vii) of this section.
7. Within five (5) days of receipt of the notice of hearing, the proposed patient or his counsel may request a hearing before a jury. If upon the basis of the appointed examiner’s report or from other information available to the court, the court concludes that the proposed patient does not understand his rights, the court may call a jury upon its own motion or upon the request of the person responsible for the care and custody of the proposed patient. A jury shall be selected pursuant to W.S. 1-11-101 through 1-11-129 , and the proceedings shall follow the Wyoming Rules of Civil Procedure.
8. The proposed patient, the applicant, and all others to whom notice is required may appear at the hearing to testify and may present witnesses. The court shall consider the testimony of any gatekeeper designated by the department and may receive the testimony of other persons. The proposed patient shall be present at the hearing unless he waives his right to appear. All persons not necessary to protect the rights of the parties shall be excluded from the hearing. The hearing shall be conducted in as informal a manner as is consistent with orderly procedure and in a physical setting which will not have a harmful effect on the mental health of the proposed patient. Any hearing conducted under this subsection shall be recorded by the court reporter or by electronic, mechanical or other appropriate means.
9. If, upon completion of the hearing and consideration of the record, the court or the jury finds by clear and convincing evidence that the proposed patient is mentally ill the court shall consider the least restrictive and most therapeutic alternatives, give consideration to any recommendations by the gatekeeper and shall:
   1. Order his hospitalization, assign him to a hospital, and:
      1. Send to the hospital, with the patient a certified copy of the findings of fact and order and a copy of the examiner’s report;
      2. Specify where he will be detained pending transportation to the hospital. No person shall be detained in a nonmedical facility used for detention of persons charged with or convicted of penal offenses except during an extreme emergency;
      3. Order his transportation to the hospital with proper clothing and personal effects;
      4. Notify his next of kin or the person responsible for his care and custody and the proposed treatment provider or hospital of the court’s order;
      5. Make findings as to his competence to make informed choices regarding treatment and his need for prescribed psychotropic medication. If the court finds the person incompetent to make an informed decision, the court may order the administration of prescribed psychotropic medication. The order for medication shall be reviewed by a physician upon commitment and by a psychiatrist upon admission to the hospital. The prescribed medication shall be continued if found medically appropriate by the investigation review committee of the hospital or institution, subject to review by the medical director of the hospital or institution. Any action by the medical director of the hospital or institution shall be reviewable pursuant to the Wyoming Administrative Procedure Act. All orders for prescribed medication or a summary of all orders shall be provided to the gatekeeper designated by the department under W.S. 25-10-112(g).
   2. Repealed by Laws 2016, ch. 102, §  3.
   3. Order the proposed patient be treated in a directed outpatient commitment pursuant to W.S. 25-10-110 .1 if the court finds continuous inpatient hospitalization is not required and the proposed patient would be more appropriately treated in a directed outpatient commitment; or
   4. Order any disposition for which private resources are available and which is consistent with the best interests of the proposed patient and with public safety.
10. The court is authorized to appoint a special commissioner to assist in the conduct of hospitalization proceedings. In proceedings under this act, regularly appointed court commissioners may exercise the authority granted by W.S. 5-3-307 . In any case in which the court refers an application to the commissioner, the commissioner shall conduct the directed outpatient commitment under W.S. 25-10-110 .1 or the involuntary hospitalization proceedings under this section and on the basis thereof shall either recommend dismissal of the application or hold a hearing as provided in this section and make recommendations to the court regarding the disposition of the proposed patient and of the proceedings.
11. An appointed examiner shall receive for his services in each court ordered examination a reasonable fee fixed by the court.
12. The court shall inquire into the medical condition of every patient found to be mentally ill. If the court determines based upon the advice of a physician or other qualified professional, and in consultation with any gatekeeper designated by the department pursuant to W.S. 25-10-112(g), that the patient’s present primary need is for medical treatment or care and whose need for psychiatric care is secondary, the court may delay ordering directed outpatient commitment or involuntary hospitalization of the patient until such time as the patient receives medical care and the patient’s need for psychiatric care is primary.
13. In proceedings under this section involving a minor, the court shall, to the extent feasible, consult with the minor’s parents or legal guardian.

History. Laws 1963, ch. 188, § 12; W.S. 1957, § 25-60; Laws 1971, ch. 208, § 1; W.S. 1977, § 25-3-112; Laws 1981, Sp. Sess., ch. 22, § 1; ch. 24, §§ 1, 2; 1982, ch. 62, § 3; 1989, ch. 147, § 1; ch. 217, § 1; 1999, ch. 172, § 2; 2001, ch. 14, § 1; 2006, ch. 111, § 1; 2007, ch. 66, § 1; 2008, ch. 116, § 1; 2010, ch. 79, § 1; 2013 ch. 115, § 1, effective July 1, 2013; 2016 ch. 102, §§ 2, 3, effective March 11, 2016.

Cross references. —

As to jurisdiction of district courts generally, see art. 5, § 10, Wyo. Const.

For provisions on commissioners, see §§ 5-3-301 through 5-3-312 .

For provisions relating to notice, see Rules 5 and 6, W.R.C.P.

For provisions relating to jury trial proceedings, see Rules 38 and 39, W.R.C.P.

The 2006 amendment, effective July 1, 2006, inserted “in the county in which the person is initially detained” in (a); and inserted “and the state hospital shall serve as a hospital of last resort to receive patients if no designated hospital or other licensed treatment facility is readily available” in the introductory language of (j).

The 2007 amendment, in (a), added the second sentence; in (j) deleted “, and the state hospital shall serve as a hospital of last resort to receive patients if no designated hospital or other licensed treatment facility is readily available.”

Laws 2007, ch. 66, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

The 2008 amendment, made stylistic changes.

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2010 amendment, effective July 1, 2010, in (e), substituted “licensed psychiatrist or licensed psychologist, the court shall appoint a licensed physician, licensed psychiatrist or licensed psychologist” for “or psychiatrist, the court shall appoint a licensed physician or psychiatrist,” and made related changes.

The 2013 amendment, effective July 1, 2013, added (o).

The 2016 amendments. — The first 2016 amendment, by ch. 102 § 2, in (d), inserted “any gatekeeper designated by the department” in the introductory language, added (d)(vii), and made a stylistic change; in (h), inserted “shall consider the testimony of any gatekeeper designated by the department” following “the court”; in (j), inserted “give consideration to any recommendations by the gatekeeper” in the introductory language, inserted the present last sentence of (j)(i)(E), redesignated (j)(iii) as (j)(iv), and added (j)(iii); in (k), inserted “directed outpatient commitment under W.S. 25-10-110 .1 or the” preceding “involuntary hospitalization”; in (n), inserted “or other qualified professional, and in consultation with any gatekeeper designated by the department pursuant to W.S. 25-10-112(g)” in the second sentence, and in the last sentence substituted “directed outpatient commitment or involuntary hospitalization” for “the commitment” and deleted “to the Wyoming state hospital”; and in (o), substituted “court” for “department.”

The second 2016 amendment, by ch. 102 § 3, repealed former (j)(ii), which read: “Suspend the proceedings pending voluntary treatment as approved by the examiner and by the facility or individual who will provide the treatment. If the court finds that the proposed patient does not require continuous inpatient hospitalization, would be more appropriately treated in an outpatient treatment program or a combination of outpatient and inpatient treatment or will be able to appropriately control his illness by following a prescribed treatment plan, the court shall consider such treatment options. If the court finds that the proposed patient does not require continuous hospitalization and the funding is available, it shall consider conditional outpatient treatment for a period of time deemed appropriate and may designate an outpatient care provider, including mental health centers. Conditional outpatient treatment may require periodic reporting, continuation of medication and submission to testing and restriction of travel, consumption of alcoholic beverages or drugs, associations with other persons or other reasonable conditions as the court may specify provided the court may suspend the imposition of the conditional outpatient treatment order for failure to meet the conditions and order involuntary hospitalization under this section; or.”

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

Editor's notes. —

There is no subsection (i) or ( l ) in this section as it appears in the printed acts.

In subsection (c), “and prosecuting” was deleted preceding “attorney of the county” as it appeared in § 3, ch. 62, Laws 1982, in order to give effect to the amendment made by § 1, ch. 22, Sp. Sess., Laws 1981.

Meaning of “this act.” —

For the definition of “this act,” see § 25-10-101(a)(xiv) and notes thereto.

County attorney’s duties. —

Because statutes with respect to the specific duties of a county attorney in emergency detention and involuntary hospitalization proceedings are ambiguous, the district court did not err in denying appellants' petition for a writ of mandamus directing the county attorney to commence court proceedings and to appear at initial emergency detention hearings as well as to appear and present the case in chief. State ex rel. W. Park Hosp. Dist. v. Skoric, 2014 WY 41, 321 P.3d 334, 2014 Wyo. LEXIS 43 (Wyo. 2014).

Involuntary hospitalization order reversed where no hearing to determine necessity of continued detention. —

As the court, sua sponte, treated the preliminary hearing following emergency detention as a hearing on the involuntary hospitalization application, no hearing to determine the necessity of continued detention being held within 36 (now (72)) hours, as required by § 25-10-109(h), the trial court's finding that the person in question was “mentally ill,” and its order for involuntary hospitalization, had to be reversed. In Interest of AM, 694 P.2d 734, 1985 Wyo. LEXIS 441 (Wyo. 1985).

Involuntary hospitalization not an abuse of discretion. —

The district court did not abuse its discretion in determining pursuant to § 25-10-110(j) that hospitalization in the Wyoming State Hospital was the least restrictive and most therapeutic alternative available where the professionals testified at defendant's trial that defendant would be a danger to himself if he were allowed to live on his own, defendant's mental health caseworker testified he did not believe his organization could give adequate support for defendant to maintain himself in a stabilized condition, and, even though defendant had access to his mother's residence, his disease prevented him from living independently. Baker v. State, 2002 WY 116, 50 P.3d 712, 2002 Wyo. LEXIS 122 (Wyo. 2002).

County's authority. —

Trial court did not err in holding that a county attorney had no right to object to the discharge of a patient who had been involuntarily hospitalized; the authority of county attorneys was limited to representing the public in initial proceedings for involuntary hospitalization. State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 294 P.3d 24, 2013 Wyo. LEXIS 18 (Wyo. 2013).

Involuntary commitment of inmate. —

If the experts believe that defendant continues to be a danger to himself and others at the time his sentence ends, additional proceedings pursuant to this section may be warranted at that time. Page v. State, 949 P.2d 466, 1997 Wyo. LEXIS 163 (Wyo. 1997).

Function of commissioner. —

The designated court commissioner under subsection (k) has no more extended function than initial fact finding and entry of preliminary orders. The recommendations — conclusions based upon fact as well as law which are distilled into judgment orders — cannot be blindly accepted by the district court. K.C. v. State, 771 P.2d 774, 1989 Wyo. LEXIS 80 (Wyo. 1989).

No right to psychiatric halfway house treatment. —

The district court's placement of the respondent at the state hospital was not an abuse of discretion, and the respondent was not denied her “right to treatment” merely because she was not being treated in a psychiatric halfway house. K.C. v. State, 771 P.2d 774, 1989 Wyo. LEXIS 80 (Wyo. 1989).

Applied in

Holm v. State, 404 P.2d 740, 1965 Wyo. LEXIS 151 (Wyo. 1965).

Stated in

Keats v. State, 2005 WY 81, 115 P.3d 1110, 2005 Wyo. LEXIS 95 (2005); United States v. Bradley, 417 F.3d 1107, 2005 U.S. App. LEXIS 15477 (2005).

Cited in

Reiter v. State, 2001 WY 116, 36 P.3d 586, 2001 Wyo. LEXIS 142 (Wyo. 2001); C.L.C. v. State, 2004 WY 2, 82 P.3d 1235, 2004 Wyo. LEXIS 4 (Wyo. 2004).

Am. Jur. 2d, ALR and C.J.S. references. —

Modern status of rules as to standard of proof required in civil commitment proceedings, 97 ALR3d 780.

Necessity and sufficiency of statements informing one under investigation for involuntary commitment of right to remain silent, 23 ALR4th 563.

Propriety of transferring patient found not guilty by reason of insanity to less restrictive confinement, 43 ALR5th 777.

§ 25-10-110.1. Directed outpatient commitment proceedings.

1. If the court finds based upon the recommendation of an examiner or on its own determination that the proposed patient is mentally ill but does not require inpatient hospitalization, the court shall consider issuing a directed outpatient commitment order. The court shall require directed outpatient commitment for the proposed patient for a period of time as determined appropriate by the court, not to exceed two (2) years with review by the court at least every six (6) months. The court may designate an outpatient care provider that will provide care to the proposed patient.
2. In considering whether directed outpatient commitment is appropriate, the court may consider one (1) or more of the following:
   1. The proposed patient is diagnosed as having a mental illness;
   2. Without directed outpatient treatment, the proposed patient is likely to be dangerous to himself or others based upon noncompliance with prior medical directives;
   3. The proposed patient is likely to suffer substantial medical or mental deterioration or become seriously disabled;
   4. The proposed patient lacks present ability to make an informed decision concerning his need for treatment; or
   5. Any other information concerning the proposed patient’s need for outpatient care.
3. The terms and conditions of the treatment plan shall be established by an examiner in consultation with any gatekeeper designated by the department and approved by the court. In preparing the plan, the examiner shall consult with the county attorney, treating health care providers and the patient or the person responsible for the care and custody of the patient, if known.
4. The treatment plan may require:
   1. Periodic reporting;
   2. Continuation of medication and submission to testing;
   3. Restrictions on travel;
   4. Restrictions on consumption of alcoholic beverages and drugs with requirements for any necessary testing;
   5. Use of community based group homes, crisis assistance centers or other available community based support services;
   6. Temporary inpatient or residential treatment for stabilization;
   7. Other conditions as agreed upon by the respective parties or as otherwise directed by the court.
5. Treatment shall be provided by a treatment center or a court approved treatment provider.
6. The treatment center or treatment provider or any other person identified in the treatment plan shall report to the county attorney and any gatekeeper designated by the department any material noncompliance by the patient with the treatment plan.
7. By motion of an interested party or on its own motion, the court may revoke or modify the directed outpatient commitment if, after a hearing, the court finds by a preponderance of evidence that the patient violated any condition of the directed outpatient commitment order. If there has been a violation of the order, the court may modify the conditions of directed outpatient commitment, schedule an involuntary commitment hearing pursuant to W.S. 25-10-110 , order any disposition for which private resources are available or order any disposition which is consistent with the best interests of the proposed patient and public safety.
8. If a motion has been filed to modify or revoke the directed outpatient commitment, the court may enter an ex parte order for immediate detention of the patient if the court finds that the patient is a danger to himself or others. If the court enters an ex parte order of detention, the matter shall be set for hearing within seventy-two (72) hours. Notice of a hearing on a motion to modify or revoke the order for directed outpatient commitment shall be as provided in W.S. 25-10-110(d).
9. The county attorney of the county where the directed outpatient commitment order is filed shall appear on behalf of the state at any hearing pursuant to this section.

History. 2016 ch. 102, § 1, effective March 11, 2016.

Effective date. —

Laws 2016 ch. 102, § 4, makes the act effective upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 11, 2016.

§ 25-10-111. Commitment or transfer to federal hospital; effect of orders by courts of other jurisdictions; powers of federal facility.

1. The court, when ordering involuntary hospitalization pursuant to W.S. 25-10-110(j), may order a person hospitalized in a hospital or facility operated by the veterans’ administration or another federal agency, if the court has received a certificate from the agency showing that facilities are available and that the patient is eligible for treatment therein.
2. An order of a court of competent jurisdiction of another state or of the District of Columbia, authorizing hospitalization of a person by an agency of the United States, has the same force and effect as to the person while in this state as in the jurisdiction in which the order was made.
3. Upon receipt of a certificate from the veterans’ administration or another federal agency that facilities are available for treatment of a patient involuntarily hospitalized under W.S. 25-10-110 and that the patient is eligible for treatment therein, the head of a hospital may transfer the patient to the veterans’ administration or other federal agency for treatment. The court which ordered involuntary hospitalization shall be notified of the transfer by the hospital. No person shall be transferred if he is confined pursuant to a conviction for a crime or if he has been acquitted of a criminal charge solely on the ground of mental illness or deficiency, unless, prior to the transfer, the court which committed the person enters an order for the transfer after appropriate motion and hearing.
4. Upon admission to a federal facility pursuant to this section, the patient is subject to the rules and regulations of the veterans’ administration or other federal agency. The chief officer of the federal facility in which the patient is hospitalized has the same powers as the head of the state hospital with respect to retention, transfer, release and discharge of patients.

History. Laws 1963, ch. 188, § 13; W.S. 1957, § 26-61; W.S. 1977, § 25-3-113; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 2016 ch. 102, § 2, effective March 11, 2016.

The 2016 amendment, in (a), inserted “involuntary” preceding “hospitalization”; and in (c), inserted “involuntarily” preceding “hospitalized” in the first sentence and “involuntary” preceding “hospitalization” in the second sentence.

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

§ 25-10-112. Liability for costs of detention, involuntary hospitalization and proceedings therefor. [Effective until July 1, 2022]

1. Subject to the provisions of subsections (d) and (e) of this section, the county in which a person is detained or in which involuntary hospitalization proceedings are brought shall pay the costs of:
   1. The first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours, pursuant to W.S. 25-10-109 , including costs of medical treatment for those conditions:
      1. That resulted in the emergency detention of the person; or
      2. That are attributable to affirmative actions taken by the person that have placed the person in danger of suicide or serious bodily harm and require immediate medical attention.
   2. Proceedings for detention or involuntary hospitalization pursuant to W.S. 25-10-109 or 25-10-110 . The costs of these proceedings include the cost of appointed counsel and examiners;
   3. Clothing, if the person does not have and cannot afford to purchase adequate clothing; and
   4. Costs incurred under W.S. 25-10-125(b).
2. Subject to the provisions of subsection (d) of this section, when a detained person or proposed patient is not a resident of Wyoming, the department shall pay the costs listed in paragraphs (a)(i) through (iii) of this section.
3. The county shall pay for the first seventy-two (72) hours as provided in subsection (a) of this section even if the patient waives the hearing required under W.S. 25-10-109 and proceeds to voluntary outpatient treatment, directed outpatient commitment or involuntary hospitalization proceedings. Subject to the provisions of subsections (d) and (e) of this section, if continued emergency detention is ordered pursuant to W.S. 25-10-109 (k)(iii), the county’s liability for any costs of detention, treatment or transportation shall terminate after the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday. The department shall be responsible for those costs after the expiration of the county’s responsibility for payments of the costs. All costs of treatment, transportation and continued emergency detention incurred after the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday, shall be paid by:
   1. The department for persons hospitalized in the state hospital; and
   2. The department for persons hospitalized in other hospitals, consistent with W.S. 25-10-110(j) and 25-10-104 .
4. The hospital  or other treatment provider shall attempt to recover all costs of  treatment from public and private health insurance and from government  benefit programs, including the veterans’  administration, the Indian health service of the United States department  of health and human services and any other federal agency that may  be responsible for the costs of treatment, prior to  seeking payment from the county or the department. The hospital or  other treatment provider shall have discharged its obligation to recover  costs under this subsection if it:
   1. Repealed by Laws 2016, ch. 102, §  3.
   2. Certifies to  the county or the department that:
      1. The patient has no public or private  health insurance;
      2. There are no other government benefit  programs from which it can recover the costs of treatment; and
      3. If the patient might qualify for benefits, payment  has been denied after submitting a written demand for payment to all  federal agencies that may be responsible for the costs of treatment,  including the veterans’ administration and the Indian health  service of the United States department of health and human services.  Payment shall be deemed denied if a written demand for payment is  made and no response is received within three (3) months of being  properly submitted. If a demand is paid after having been deemed denied  under this subparagraph, and after the county or department has paid  the hospital or other treatment provider, the amount of the demand  payment shall be remitted to the county or department, whichever entity  paid the hospital or other treatment provider. If a county or the  department has paid a hospital or other treatment provider, the county  or the department shall have a subrogation right against any entity  to whom the hospital or provider sent a written demand.
5. When a person is detained under W.S. 25-10-109 , the county in which the person resided shall be liable for costs of treatment for the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours. If the person remains in detention after the hearing pursuant to W.S. 25-10-109 (k)(iii), the department shall directly, or under contract with local providers, provide treatment for those conditions specified in paragraph (a)(i) of this section until the person is released from detention or involuntary commitment is ordered, subject to payment of costs as provided in this subsection or subsection (c) of this section.
6. For purposes of this section, “costs” shall not include the expenses for any medical procedures that are not:
   1. Related to the assessment of or necessary treatment for the suspected mental illness; or
   2. Otherwise specified in paragraph (a)(i) of this section.
7. The department in consultation with each board of county commissioners may establish a single point of responsibility or gatekeeper. Gatekeeper duties shall include, but are not limited to, providing guidance on issues of detention and involuntary treatment and monitoring and coordinating timely, efficient and effective patient treatment prior to, during and after any emergency detention or involuntary treatment under this act. No gatekeeper designated under this subsection shall provide inpatient psychiatric treatment to patients under this act, unless the gatekeeper has been approved by the department of health to provide these services.
8. The county attorney shall notify the department and any gatekeeper of any detention, continued emergency detention order, directed outpatient commitment or involuntary hospitalization order within twenty-four (24) hours.
9. The department, boards of county commissioners, designated hospitals, gatekeepers and other treatment providers may, upon contract or agreement, coordinate and monitor the services and payments required for the treatment of persons with mental illness as provided under this section. Pursuant to contract or agreement, the department may assume any part of the expenses associated with a gatekeeper which expenses would otherwise be the responsibility of a county under this act, including expenses for the transportation of patients to appropriate care settings.

History. Laws 1963, ch. 188, § 16; W.S. 1957, § 25-64; W.S. 1977, § 25-3-116; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1987, ch. 27, § 1; 1989, ch. 50, § 2; ch. 147, § 1; 1991, ch. 221, § 2; 1997, ch. 35, § 1; 2001, ch. 195, § 1; 2006, ch. 111, § 1; 2007, ch. 79, § 1; 2008, ch. 37, § 1; ch. 116, § 1; 2009, ch. 12, § 1; 2010, ch. 79, § 1; 2016 ch. 102, §§ 2, 3, effective March 11, 2016; 2017 ch. 109, § 1, effective July 1, 2017; 2021 ch. 79, § 1, effective July 1, 2022.

Cross references. —

For meaning of “department,” see § 25-10-101(a)(iii).

The 2006 amendment, effective July 1, 2006, rewrote (c), in part, substituted “continued emergency detention” for “involuntary hospitalization,” substituted “25-10-109(k)(iii)” for “25-10-110;” in (e), inserted “in which the person resided,” substituted “continued emergency detention is ordered, whichever occurs first” for “a hearing required under W.S. 25-10-109(h),” and deleted the last sentence concerning the liability of cost for a person detained under W.S. 25-10-110 .

The 2007 amendment, effective July 1, 2007, rewrote subsection (c) by clarifying that the liability of costs, transportation and treatment will be terminated after the first seventy-two (72) hours including weekends and legal holidays; in (e) deleted “, or until continued emergency detention is ordered, whichever occurs first.” and inserted “subject to payment of costs as provided in subsections (c) and (e) of this section.” at the end of the last sentence.

The 2008 amendments.—

The first 2008 amendment, by ch. 37, § 1, effective July 1, 2008, in (a)(i), deleted “demanding” at the end, and made stylistic changes; inserted (a)(i)(A) and (a)(i)(B), except for “immediate medical attention” at the end of (a)(i)(B); and added (f).

The second 2008 amendment, by ch. 116, § 1, made stylistic changes.

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2009 amendment, effective July 1, 2009, added the last sentence in the introductory language of (d), and inserted (d)(i) and (d)(ii).

The 2010 amendment, effective July 1, 2010, added (a)(iv); in (e), substituted “treatment for those conditions specified in paragraph (a)(i) of this section” for “psychiatric treatment”; added (g), and made related changes.

The 2016 amendments. — The first 2016 amendment, by ch. 102 § 2, in (c), added the present first sentence and deleted the former next-to-last sentence, which read, “The county attorney shall notify the department of the continued emergency detention order or involuntary hospitalization order within twenty-four (24) hours”; in (d), deleted “from patients” following “insurance”; rewrote (g), which formerly read “Each board of county commissioners may establish a single point of responsibility to identify, make referrals to, intervene and coordinate with community or regional resources prior to and after an emergency detention. The single point of responsibility may be assigned to a community mental health center, designated hospital or other entity that is able to provide treatment as defined under this act”; and added (h) and (j).

The second 2016 amendment, by ch. 102 § 3, repealed (d)(i), which read: “Has obtained or made reasonable effort to obtain from the patient or the patient's legally designated representative an affidavit showing the patient's financial condition which would support certification of the facts under paragraph (ii) of this subsection; and.”

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

The 2017 amendment, effective July 1, 2017, in (d), added “including the veterans' administration, the Indian health service of the United States department of health and human services and any other federal agency that may be responsible for the costs of treatment”; added the (d)(ii)(A) and (d)(ii)(B) designations, added (d)(ii)(C), and made related changes.

The 2021 amendment , effective July 1, 2022, in (g), added the second and fourth sentences; and added the last sentence in (j).

Cited in

C.L.C. v. State, 2004 WY 2, 82 P.3d 1235, 2004 Wyo. LEXIS 4 (Wyo. 2004).

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb 6, 2013).

§ 25-10-112. Liability for costs of detention, involuntary hospitalization and proceedings therefor. [Effective July 1, 2022]

1. Subject to the provisions of subsections (d) and (e) of this section, the county in which a person is detained or in which involuntary hospitalization proceedings are brought shall pay the costs of:
   1. The first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours, pursuant to W.S. 25-10-109 , including costs of medical treatment for those conditions:
      1. That resulted in the emergency detention of the person; or
      2. That are attributable to affirmative actions taken by the person that have placed the person in danger of suicide or serious bodily harm and require immediate medical attention.
   2. Proceedings for detention or involuntary hospitalization pursuant to W.S. 25-10-109 or 25-10-110 . The costs of these proceedings include the cost of appointed counsel and examiners;
   3. Clothing, if the person does not have and cannot afford to purchase adequate clothing; and
   4. Costs incurred under W.S. 25-10-125(b).
2. Subject to the provisions of subsection (d) of this section, when a detained person or proposed patient is not a resident of Wyoming, the department shall pay the costs listed in paragraphs (a)(i) through (iii) of this section.
3. The county shall pay for the first seventy-two (72) hours as provided in subsection (a) of this section even if the patient waives the hearing required under W.S. 25-10-109 and proceeds to voluntary outpatient treatment, directed outpatient commitment or involuntary hospitalization proceedings. Subject to the provisions of subsections (d) and (e) of this section, if continued emergency detention is ordered pursuant to W.S. 25-10-109 (k)(iii), the county’s liability for any costs of detention, treatment or transportation shall terminate after the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday. The department shall be responsible for those costs after the expiration of the county’s responsibility for payments of the costs. All costs of treatment, transportation and continued emergency detention incurred after the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday, shall be paid by:
   1. The department for persons hospitalized in the state hospital; and
   2. The department for persons hospitalized in other hospitals, consistent with W.S. 25-10-110(j) and 25-10-104 .
4. The hospital or other treatment provider shall attempt to recover all costs of treatment from public and private health insurance and from government benefit programs, including the veterans’ administration, the Indian health service of the United States department of health and human services and any other federal agency that may be responsible for the costs of treatment, prior to seeking payment from the county or the department. The hospital or other treatment provider shall have discharged its obligation to recover costs under this subsection if it:
   1. Repealed by Laws 2016, ch. 102, §  3.
   2. Certifies to the county or the department that:
      1. The patient has no public or private health insurance;
      2. There are no other government benefit programs from which it can recover the costs of treatment; and
      3. If the patient might qualify for benefits, payment has been denied after submitting a written demand for payment to all federal agencies that may be responsible for the costs of treatment, including the veterans’ administration and the Indian health service of the United States department of health and human services. Payment shall be deemed denied if a written demand for payment is made and no response is received within three (3) months of being properly submitted. If a demand is paid after having been deemed denied under this subparagraph, and after the county or department has paid the hospital or other treatment provider, the amount of the demand payment shall be remitted to the county or department, whichever entity paid the hospital or other treatment provider. If a county or the department has paid a hospital or other treatment provider, the county or the department shall have a subrogation right against any entity to whom the hospital or provider sent a written demand.
5. When a person is detained under W.S. 25-10-109 , the county in which the person resided shall be liable for costs of treatment for the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours. If the person remains in detention after the hearing pursuant to W.S. 25-10-109 (k)(iii), the department shall directly, or under contract with local providers, provide treatment for those conditions specified in paragraph (a)(i) of this section until the person is released from detention or involuntary commitment is ordered, subject to payment of costs as provided in this subsection or subsection (c) of this section.
6. For purposes of this section, “costs” shall not include the expenses for any medical procedures that are not:
   1. Related to the assessment of or necessary treatment for the suspected mental illness; or
   2. Otherwise specified in paragraph (a)(i) of this section.
7. The department in consultation with each board of county commissioners may establish a single point of responsibility or gatekeeper. The department and each board of county commissioners shall give preference to a behavioral health center as defined by W.S. 35-1-613(a)(xvi) as the single point of responsibility. Gatekeeper duties shall include, but are not limited to, providing guidance on issues of detention and involuntary treatment and monitoring and coordinating timely, efficient and effective patient treatment prior to, during and after any emergency detention or involuntary treatment under this act. No behavioral health center designated under this subsection shall charge fees for gatekeeping services provided under this article. No gatekeeper designated under this subsection shall provide inpatient psychiatric treatment to patients under this act, unless the gatekeeper has been approved by the department of health to provide these services.
8. The county attorney shall notify the department and any gatekeeper of any detention, continued emergency detention order, directed outpatient commitment or involuntary hospitalization order within twenty-four (24) hours.
9. The department, boards of county commissioners, designated hospitals, gatekeepers and other treatment providers may, upon contract or agreement, coordinate and monitor the services and payments required for the treatment of persons with mental illness as provided under this section. Pursuant to contract or agreement, the department may assume any part of the expenses associated with a gatekeeper which expenses would otherwise be the responsibility of a county under this act, including expenses for the transportation of patients to appropriate care settings. The department may only assume any part of the expenses associated with a gatekeeper when the gatekeeper has been contracted through a behavioral health center as defined by W.S. 35-1-613(a)(xvi).

History. Laws 1963, ch. 188, § 16; W.S. 1957, § 25-64; W.S. 1977, § 25-3-116; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1987, ch. 27, § 1; 1989, ch. 50, § 2; ch. 147, § 1; 1991, ch. 221, § 2; 1997, ch. 35, § 1; 2001, ch. 195, § 1; 2006, ch. 111, § 1; 2007, ch. 79, § 1; 2008, ch. 37, § 1; ch. 116, § 1; 2009, ch. 12, § 1; 2010, ch. 79, § 1; 2016 ch. 102, §§ 2, 3, effective March 11, 2016; 2017 ch. 109, § 1, effective July 1, 2017; 2021 ch. 79, § 1, effective July 1, 2022.

§ 25-10-113. Duties of head of hospital upon admission; treatment of patients primarily needing medical care.

1. As soon as possible but not later than seven (7) days after a patient is admitted to a hospital under this act, the head of the hospital shall:
   1. Review the patient’s record;
   2. Examine the patient; and
   3. Develop an initial plan of treatment for the patient.
2. If the medical staff of the state hospital determines that a patient’s primary need for care is medical as opposed to psychiatric, the head of the state hospital may refuse to admit the patient if the state hospital has limited medical facilities or staff to provide for the necessary medical needs of the patient. If admittance is refused, the patient shall be transported to a medical facility that is qualified to meet the medical needs of the patient.

History. Laws 1963, ch. 188, § 17; W.S. 1957, § 25-65; W.S. 1977, § 25-3-117; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; ch. 217, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 25-10-101(a)(xiv) and notes thereto.

§ 25-10-114. Transfer of inmates of penal institutions to state hospital; notice.

1. The department of corrections may transfer an inmate of a state penal institution who is mentally ill to the state hospital, subject to the rules of admission of the department, if adequate treatment cannot be provided at a state penal institution.
2. Not less than five (5) days before an inmate is transferred pursuant to this section, the department of corrections shall give written notice to the court which ordered imprisonment, the inmate and the person responsible for his care or custody. The notice shall include:
   1. The grounds for the transfer;
   2. The inmate’s right to contest the transfer;
   3. The inmate’s right to a hearing before he is transferred; and
   4. The inmate’s right to counsel.
3. The transfer of an inmate of a state penal institution to the state hospital shall not exceed the term of imprisonment imposed by the sentencing court unless proceedings for involuntary hospitalization are instituted under W.S. 25-10-110 .

History. Laws 1963, ch. 188, § 18; W.S. 1957, § 25-66; W.S. 1977, § 25-3-118; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 1992, ch. 25, § 3; 2021 ch. 149, § 1, effective July 1, 2021.

The 2021 amendment , effective July 1, 2021, substituted "department " for "state hospital" in (a).

Court lacks jurisdiction to sentence person to state hospital. —

Jurisdiction has not been given to the trial court to sentence a person to the Wyoming state hospital as part of the penalty for criminal activity. Dean v. State, 668 P.2d 639, 1983 Wyo. LEXIS 354 (Wyo. 1983) (decided prior to 1983 revision of § 6-3-101 ).

Clear and convincing standard met. —

Where defendant was mentally ill and the penal institution could not provide adequate treatment, the letters and testimony of two experts clearly and convincingly justified defendant's transfer to the Page v. State, 949 P.2d 466, 1997 Wyo. LEXIS 163 (Wyo. 1997).

Cited in

Am. Jur. 2d, ALR and C.J.S. references. —

Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 ALR4th 117.

Hospital's liability for patient's injury or death resulting from escape or attempted escape, 37 ALR4th 200.

Propriety of transferring patient found not guilty by reason of insanity to less restrictive confinement, 43 ALR5th 777.

§ 25-10-115. Transfer of patients to another hospital; notice.

1. A hospital may transfer a patient hospitalized under this act to another hospital if the transfer is in the best interest of the patient. An involuntarily hospitalized patient who is so transferred retains the status of an involuntarily hospitalized patient under W.S. 25-10-110 .
2. Not less than five (5) days before a patient is transferred, the head of the hospital shall give written notice to the court, the patient, and the person responsible for his care or custody. The notice shall include:
   1. The grounds for the transfer;
   2. The patient’s right to contest the transfer;
   3. The patient’s right to a hearing before he is transferred; and
   4. The patient’s right to counsel.

History. Laws 1963, ch. 188, § 19; W.S. 1957, § 25-67; W.S. 1977, § 25-3-119; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (a), see § 25-10-101(a)(xiv) and notes thereto.

§ 25-10-116. Periodic examinations of patients; determination of discharge or continued hospitalization; notice; hearing.

1. Three (3) months after each patient’s admission to the hospital, the head of the hospital shall evaluate the progress of each patient and shall reevaluate the treatment and progress every six (6) months thereafter. The evaluation shall consider whether directed outpatient commitment is appropriate.
2. When the head of a hospital determines after the examination required by subsection (a) of this section or by W.S. 25-10-113 that the conditions justifying hospitalization of involuntary patients no longer exist, he shall report his determination to the court, the county attorney, the district attorney, family members and the mental health center which were involved in the initial proceedings. Unless, within three (3) days after the notice is sent, the court upon motion orders a hearing on continuing the patient’s hospitalization, the head of the hospital shall discharge the patient. The hearing shall be held as soon as practicable and shall follow the procedures in W.S. 25-10-118 . Notice of the hearing shall conform with W.S. 25-10-116(c).
3. When the head of a hospital determines after an evaluation required by subsection (a) of this section or by W.S. 25-10-113 that the conditions justifying hospitalization continue to exist, he shall send to the court notice of his determination and a detailed statement of the factual basis for the determination. The court may order a hearing to review the determination. The head of the hospital shall also send notice of his determination to the patient and the person responsible for his care or custody. The notice shall include:
   1. The patient’s right to contest the determination;
   2. The patient’s right to a hearing; and
   3. The patient’s right to counsel.

History. Laws 1963, ch. 188, § 20; W.S. 1957, § 25-68; W.S. 1977, § 25-3-120; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 2004, ch. 130, § 1; 2016 ch. 102, § 2, effective March 11, 2016.

The 2004 amendment, in (b), substituted “W.S. 25-10-118 ” for “W.S. 25-10-117 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19. 2004.

The 2016 amendment added the last sentence of (a).

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

County's authority.

Trial court did not err in holding that a county attorney had no right to object to the discharge of a patient who had been involuntarily hospitalized because the plain language of Wyo. Stat. Ann. § 25-10-116(b) did not give county attorneys the authority to object to a patient's discharge from involuntary civil commitment or to obtain review of the Wyoming State Hospital's decision to release a patient from involuntary hospitalization. State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 294 P.3d 24, 2013 Wyo. LEXIS 18 (Wyo. 2013).

Cited in

C.L.C. v. State, 2004 WY 2, 82 P.3d 1235, 2004 Wyo. LEXIS 4 (Wyo. 2004).

§ 25-10-117. [Repealed.]

Repealed by Laws 1989, ch. 147, § 2.

Editor's notes. —

This section, which derived from Laws 1963, ch. 188, § 21, related to release on convalescent status.

§ 25-10-118. Objections to proposed transfer or continued hospitalization; notice; hearing; options of court.

1. A hearing shall be conducted in accordance with this section when a patient contests one (1) of the following actions:
   1. Transfer pursuant to W.S. 25-10-114 or 25-10-115 ;
   2. Continuing hospitalization pursuant to W.S. 25-10-116 ; or
   3. Repealed by Laws 1989, ch. 147, § 2.
   4. Revocation of convalescent status release pursuant to W.S. 25-10-127 .
2. Unless otherwise provided, an objection shall be filed with the court within five (5) days of receipt of notice of the intended action. The court shall set a hearing date which shall be within fourteen (14) days of receipt of the objection. If an objection is not filed within five (5) days, or if the patient consents to the action, the court may enter an ex parte order authorizing the action.
3. The hearing shall be before the court, without a jury. If the court finds by clear and convincing evidence that:
   1. The transfer or continuing hospitalization is justified, the court shall enter an order authorizing the transfer or continuing hospitalization; or
   2. The transfer or continuing hospitalization is not justified, the court shall enter an order prohibiting the transfer or continuing hospitalization.

History. Laws 1963, ch. 188, § 22; W.S. 1957, § 25-70; W.S. 1977, § 25-3-122; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, §§ 1, 2; 1999, ch. 172, § 2.

Clear and convincing standard met. —

Where defendant was mentally ill and the penal institution could not provide adequate treatment, the letters and testimony of two experts clearly and convincingly justified defendant's transfer to the Page v. State, 949 P.2d 466, 1997 Wyo. LEXIS 163 (Wyo. 1997).

Right to object. —

Trial court did not err in holding that a county attorney had no right to object to the discharge of a patient who had been involuntarily hospitalized; the civil commitment statutes were written to ensure that the head of a hospital or other medical professionals determine a patient's eligibility for discharge, and to provide that only the patient might object and obtain a hearing as provided in the statute. State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 294 P.3d 24, 2013 Wyo. LEXIS 18 (Wyo. 2013).

Cited in

C.L.C. v. State, 2004 WY 2, 82 P.3d 1235, 2004 Wyo. LEXIS 4 (Wyo. 2004).

§ 25-10-119. Mechanical restraints; uses and reasons therefor recorded.

Mechanical restraints shall not be applied to any patient, unless the head of the hospital determines that the medical needs of the patient require them. The head of the hospital shall record every use of a mechanical restraint and the reasons for its use in the clinical record of the patient and sign the record.

History. Laws 1963, ch. 188, § 23; W.S. 1957, § 25-71; W.S. 1977, § 25-3-123; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 ALR3d 854.

Civil liability for physical measures undertaken in connection with treatment of mentally disordered patient, 8 ALR4th 464.

§ 25-10-120. Rights of patients; commitment and treatment of persons being treated by prayer.

1. The department shall adopt rules and regulations creating a bill of patient rights and establishing the procedures by which those rights may be enforced, limited or denied.
2. and (c) Repealed by Laws 1989, ch. 147, § 2.
3. No person who is being treated in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination may be detained, hospitalized or ordered to receive treatment under this act unless:
   1. A court finds by clear and convincing evidence that he is mentally ill; or
   2. If the person is a minor or is incompetent his parent or guardian consents to detention, hospitalization or treatment.

History. Laws 1963, ch. 188, § 24; W.S. 1957, § 25-72; W.S. 1977, § 25-3-124; Laws 1981, Sp. Sess., ch. 24, §§ 1, 2; 1982, ch. 62, § 3; 1989, ch. 147, §§ 1, 2; 1991, ch. 221, § 2.

Cross references. —

For constitutional prohibitions against special and local laws affecting estates of those under disability, see art. 3, § 27, Wyo. Const.

For constitutional provision excluding mentally incompetent persons or persons convicted of felonies from elective franchise, see art. 6, § 6, Wyo. Const.

As to age of majority and rights upon emancipation, see § 14-1-101 .

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (d), see § 25-10-101(a)(xiv) and notes thereto.

Am. Jur. 2d, ALR and C.J.S. references. —

Civil liability for physical measures undertaken in connection with treatment of mentally disordered patient, 8 ALR4th 464.

Construction and application of state patient bill of rights statutes, 87 ALR5th 277.

§ 25-10-121. Admission not to create presumption as to competency nor ground for guardianship.

Admission to a hospital under this act shall not create any presumption with respect to the patient’s mental or legal competency to exercise civil, contractual or other rights for which a legal standard of competency exists. Admission to a hospital under this act is not sufficient cause for guardianship of the person or estate of any patient.

History. Laws 1963, ch. 188, § 25; W.S. 1957, § 25-73; W.S. 1977, § 25-3-125; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in both sentences, see § 25-10-101(a)(xiv) and notes thereto.

§ 25-10-122. Records to be kept confidential; exceptions.

1. Records and reports made under this act which directly or indirectly identify a patient, a former patient or an individual for whom an application for directed outpatient commitment or involuntary hospitalization has been filed, shall be confidential and shall not be disclosed by any person unless:
   1. The patient or, if he is a minor or incompetent, his parent or guardian, consents;
   2. Disclosure is necessary to carry out this act; or
   3. A court determines disclosure is necessary for the conduct of proceedings before it and failure to disclose would be contrary to the public interest.
   4. Repealed by Laws 1989, ch. 147, § 2.
2. Patient records identified in subsection (a) of this section may be provided without consent of the patient, parent or guardian by and between a mental health center, the state hospital and hospitals designated under W.S. 25-10-104 , only for the purpose of facilitating referral treatment, admission, readmission or transfer of the patient under this act.

History. Laws 1963, ch. 188, § 26; W.S. 1957, § 25-74; W.S. 1977, § 25-3-126; Laws 1981, Sp. Sess., ch. 24, §§ 1, 2; 1982, ch. 62, § 3; 1989, ch. 147, §§ 1, 2; 2006, ch. 114, § 1; 2016 ch. 102, § 2, effective March 11, 2016.

Cross references. —

As to transfer of patients between states, see § 25-10-124(d).

As to public records generally, see §§ 16-4-201 through 16-4-205 .

The 2006 amendment, inserted “or” in (a)(ii); and made related changes.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2016 amendment inserted “directed outpatient commitment or involuntary hospitalization” in (a).

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 25-10-101(a)(xiv) and notes thereto.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 25-10-123. Discharge of patient held on order in action arising out of criminal offense.

A patient held on order of a court having criminal jurisdiction in any action or proceeding arising out of a criminal offense shall not be discharged except upon order of a court of competent jurisdiction. At any time the head of the hospital is of the opinion that the person is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others, the head of the hospital shall apply to the court which committed the person for an order of discharge. The court having criminal jurisdiction in the matter shall conduct a hearing not less than once each year to determine whether the continued hospitalization of the patient is necessary, based on the reports required under W.S. 25-10-116 and any other information provided to the court by the state hospital or the federal hospital under W.S. 25-10-111 , as appropriate, or the patient’s counsel. After a hearing, the court shall make its findings and enter an order as provided in W.S. 25-10-118(c).

History. Laws 1963, ch. 188, § 27; W.S. 1957, § 25-75; W.S. 1977, § 25-3-127; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 2005, ch. 114, § 1.

Cross references. —

As to trial of persons lacking mental capacity and pleas of not guilty by reason of mental illness or deficiency, see §§ 7-11-301 through 7-11-307 .

The 2005 amendment, effective July 1, 2005, added the provisions beginning “At any time.”

Cited in

C.L.C. v. State, 2004 WY 2, 82 P.3d 1235, 2004 Wyo. LEXIS 4 (Wyo. 2004).

§ 25-10-124. Transfer of patients between states.

1. through (c) Repealed by Laws 1989, ch. 147, § 2.
2. Transfer of patients between states shall be governed by the Interstate Compact on Mental Health, W.S. 25-10-301 .

History. Laws 1963, ch. 188, § 28; W.S. 1957, § 25-76; W.S. 1977, § 25-3-128; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 50, § 2; ch. 147, §§ 1, 2.

Cross references. —

For provisions of Interstate Compact on Mental Health, see article 3 of this chapter.

§ 25-10-125. Clothing and transportation upon discharge.

1. The department, pursuant to W.S. 25-10-112 shall ensure that a patient discharged from the state’s custody possesses suitable clothing and adequate means to ensure his arrival at the home from which he was admitted or another place within the state, which is in the best interests of the state and of the patient.
2. The county responsible for payment of costs pursuant to W.S. 25-10-112(a) shall ensure that a patient discharged from emergency detention within seventy-two (72) hours, or upon expiration of emergency detention after seventy-two (72) hours without a court order for hospitalization under W.S. 25-10-110 , possesses suitable clothing and adequate means to ensure his arrival at the home from which he was admitted or another place, which is in the best interests of the county and of the patient.

History. Laws 1963, ch. 188, § 29; W.S. 1957, § 25-77; W.S. 1977, § 25-3-129; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3; 1989, ch. 147, § 1; 1991, ch. 221, § 2; 2010, ch. 79, § 1; 2019 ch. 186, § 1, effective July 1, 2019.

The 2010 amendment, effective July 1, 2010, in (a), inserted “from the state's custody”; and added (b).

The 2019 amendment, effective July 1, 2019, in (a) and (b), substituted "ensure" for "insure" throughout.

§ 25-10-126. Penalties for unwarranted hospitalization or denial of rights.

1. A person who willfully causes the unwarranted hospitalization of any individual under this act [§§ 25-10-101 through 25-10-305 ] is guilty of a felony punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment not exceeding five (5) years, or both.
2. A person who willfully denies any individual any of the rights accorded to him under this act is guilty of a misdemeanor punishable by a fine not exceeding seven hundred fifty dollars ($750.00) or imprisonment not exceeding six (6) months, or both.

History. Laws 1963, ch. 188, § 41; W.S. 1957, § 25-89; W.S. 1977, § 25-3-141; Laws 1981, Sp. Sess., ch. 24, § 1; 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in both subsections (a) and (b), see § 25-10-101(a)(xiv) and notes thereto.

Am. Jur. 2d, ALR and C.J.S. references. —

Civil liability for physical measures undertaken in connection with treatment of mentally disordered patient, 8 ALR4th 464.

§ 25-10-127. Convalescent status; discharge; readmittance.

1. After providing notice to the court, the county attorney who initiated involuntary hospitalization procedures, any gatekeeper designated by the department and all interested parties, the hospital may release an improved patient on convalescent leave subject to the following:
   1. The hospital has determined that the patient is likely to follow the conditions the hospital determines necessary for the patient;
   2. The hospital has determined that the patient will not likely be a danger to himself or others during convalescent leave; and
   3. Release on convalescent leave shall include a plan of treatment on an outpatient or nonhospital basis and other provisions for continuing responsibility of the patient by the hospital.  Prior to the end of one (1) year on convalescent leave, and not less than annually thereafter, the hospital shall reexamine the facts relating to the hospitalization of the patient on convalescent leave and if the hospital determines hospitalization is no longer anticipated, the hospital shall discharge the patient and make a report of discharge to the court, to any gatekeeper designated by the department and to the county attorney who initiated procedures for the involuntary hospitalization.
2. The hospital from which the patient is given convalescent leave may readmit to the hospital the involuntary hospitalized patient who has been released on convalescent leave if the hospital reasonably believes that it is in the best interests of the patient. The patient readmitted shall have all the rights he had upon admission to the hospital. Upon readmission he shall be given notice of his rights pursuant to W.S. 25-10-116 . It is the responsibility of the hospital to provide or pay for any transportation or other services in connection with any revocation of a convalescent status.
3. The hospital shall discharge any patient who has remained on convalescent leave for a period of two (2) continuous years.
4. This section shall not apply to a person who has been committed to the hospital pursuant to a criminal proceeding.

History. Laws 1999, ch. 172, § 1; 2016 ch. 102, § 2, effective March 11, 2016.

The 2016 amendment rewrote (a) and added (a)(i) through (a)(iii); in (b), substituted “leave” for “status” following “convalescent” twice, substituted “patient” for person” in the second sentence, and made a stylistic change; and in (c), substituted “leave” for “status.”

Laws 2016, ch. 102, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

§ 25-10-128. Access to patient information.

Any disclosure of patient information required by this article shall be subject to limitations imposed by state and federal law. The department shall promulgate rules facilitating the exchange of information required by this article to the maximum extent allowed by state and federal law. At the discretion of the court considering a matter under this article, the court may order the disclosure of information required by this article. The court also may designate and direct the actions of a gatekeeper otherwise designated by the department under W.S. 25-10-112(g) for the purpose of allowing the gatekeeper access to patient information.

History. 2016 ch. 102, § 1, effective March 11, 2016.

Effective date. —

Laws 2016 ch. 102, § 4, makes the act effective upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 11, 2016.

§ 25-10-129. Receipt and disposition of revenues and gifts.

The department is authorized to deposit all monies and income received and collected by the Wyoming state hospital into a special revenue account. The department shall expend this revenue to correct life safety code problems, pay for the cost of emergency detentions pursuant to W.S. 25-10-109 , pay for the costs of involuntary hospitalizations pursuant to W.S. 25-10-110 , and remediate conditions at the state hospital as identified in settlement agreements which are approved by the director and reported to the governor. If any single capital project is anticipated to exceed two hundred thousand dollars ($200,000.00), it shall be approved by the state building commission. The department shall report to the joint appropriations committee not later than November 1 of each year detailing expenditures under this section.

History. 2017 ch. 54, § 1, effective July 1, 2017.

Effective date. —

Laws 2017, ch. 54, § 3, makes the act effective July 1, 2017.

§§ 25-10-201 through 25-10-209. [Repealed.]

Repealed by Laws 1989, ch. 50, § 4.

Editor's notes. —

These sections, which derived from Laws 1963, ch. 188, §§ 30 through 37, and Laws 1981, ch. 163, § 1, related to fiscal provisions. For present similar provisions, see Chapter 11 of this title.

§ 25-10-210. [Repealed.]

Repealed by Laws 1985, ch. 221, § 2.

Editor's notes. —

This section, which derived from Laws 1981, ch. 163, § 1, related to board inquiry into accounts five years in arrears and cancellation if uncollectible. For present similar provisions, see § 9-1-415 .

§ 25-10-211. [Repealed.]

Repealed by Laws 1989, ch. 50, § 4.

Editor's notes. —

This section, which derived from Laws 1963, ch. 188, § 38, related to the liability for charges of persons committed as not triable by reason of present insanity.

§ 25-10-212. [Repealed.]

Repealed by Laws 1987, ch. 27, § 2.

Editor's notes. —

This section, which derived from Laws 1981, ch. 163, § 1, related to liability of relatives for charges of juvenile committed to state hospital. For present similar provisions, see § 25-10-112 .

§§ 25-10-213 and 25-10-214. [Repealed.]

Repealed by Laws 1989, ch. 50, § 4.

Editor's notes. —

These sections, which derived from Laws 1963, ch. 188, §§ 39 and 40, related to the treatment of mentally ill persons sentenced to correctional or penal institutions, and the recovery of costs incurred by a county under this article. For present similar provisions, see § 7-11-307 and Chapter 11 of this title.

§ 25-10-301. Enactment into law; form.

The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

History. Laws 1969, ch. 149, § 1; W.S. 1957, § 25-90; W.S. 1977, § 25-4-101 ; Laws 1982, ch. 62, § 3.

§ 25-10-302. Designation, powers and duties of compact administrator.

Pursuant to the compact, the director of the department of health is authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state.

History. Laws 1969, ch. 149, § 2; W.S. 1957, § 25-91; W.S. 1977, § 25-4-102 ; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2.

§ 25-10-303. Supplementary agreements; approval required for full force and effect.

The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that the supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.

History. Laws 1969, ch. 149, § 3; W.S. 1957, § 25-92; W.S. 1977, § 25-4-103 ; Laws 1982, ch. 62, § 3.

§ 25-10-304. Discharge of financial obligations with director's approval.

The compact administrator, subject to the approval of the director, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

History. Laws 1969, ch. 149, § 4; W.S. 1957, § 25-93; W.S. 1977, § 25-4-104; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2.

§ 25-10-305. Consultation with family of proposed transferee; court approval of final action.

The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of an appropriate state district court.

History. Laws 1969, ch. 149, § 5; W.S. 1957, § 25-94; W.S. 1977, § 25-4-105; Laws 1982, ch. 62, § 3.

§§ 25-10-401 through 25-10-404. [Repealed.]

Repealed by Laws 1990, ch. 24, § 2.

Editor's notes. —

These sections, which derived from Laws 1987, ch. 153, § 1, related to the juvenile treatment program at the Wyoming state hospital. For provisions pertaining to the Juvenile Justice Act, see § 14-9-201 et seq. For provisions pertaining to children in need of supervision, see § 14-6-401 et seq.

§ 25-11-101. Definitions.

1. As used in this chapter:
   1. “Actual cost” means the cost of providing treatment or services for a resident in a state institution including minimum costs, as set by the department having the direct authority and control of the institution, of maintaining the resident;
   2. Repealed by Laws 1991, ch. 221, § 3.
   3. “Established charge” means that part of the actual cost for which the resident, the resident’s estate and legally responsible persons are liable. The established charge may equal but not exceed the actual cost;
   4. “Legally responsible person” means the resident, a responsible relative or the conservator of the resident’s property as defined by W.S. 3-1-101(a)(iii);
   5. “Resident” means a patient or resident voluntarily admitted or involuntarily committed to a state institution;
   6. “Responsible relative” means a resident’s spouse or a resident’s parents if the resident is an unemancipated minor;
   7. “State institution” means any institution in title 25 under the direct authority and control of the department of health.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, §§ 2, 3; 1993, ch. 85, § 1; 2004, ch. 130, § 1.

Cross references. —

As to age of majority, see § 14-1-101 .

The 2004 amendment, in (a)(iv), substituted “W.S. 3-1-101(a)(iii)” for “W.S. 3-1-101(a)(ii).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Appropriations. —

Acts 2007, ch. 216, § 5 provides:

“(a) There is appropriated two million two hundred nine thousand nine hundred dollars ($2,209,900.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall be used to enable community mental health centers to provide community-based housing and residential services for clients with serious and persistent mental illness. The residential services shall include appropriate support to enable the residents in the housing to develop or improve daily living skills, including self-care, meal preparation, shopping and budgeting proficiencies so the client may successfully remain in an independent living situation. The funds under this subsection shall only be expended as follows:

“(i) Not more than one hundred ninety-four thousand one hundred fifty dollars ($194,150.00) to a community mental health center that enters into a contract with the mental health division to establish ten (10) supervised apartments in Albany county;

“(ii) Not more than two million fifteen thousand seven hundred fifty dollars ($2,015,750.00) to the mental health division to enter into contracts with community mental health centers that agree to establish a group home in each of the following regions of the state:

“(A) In the southeast region of Wyoming;

“(B) In the northeast region of Wyoming;

“(C) In the southwest region of Wyoming;

“(D) In the northwest region of Wyoming; and

“(E) In the central region of Wyoming.”

Acts 2007, ch. 216, § 7 provides:

“Mental health regional services enhancements.

“(a) There is appropriated one hundred forty-two thousand two hundred dollars ($142,200.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The appropriation under this subsection shall be one-time funding. The funds appropriated under this subsection shall only be used to purchase not more than eighteen (18) self-contained telepsychiatry equipment units each consisting of, at minimum, a monitor, a high definition camera, a microphone and necessary software. The self-contained telepsychiatry equipment units shall be distributed to community mental health centers that do not have such equipment to enable the centers to provide telepsychiatry in rural and frontier areas of the state. Each community mental health center receiving a self-contained telepsychiatry equipment unit under this subsection shall, no later than August 1, 2008, submit to the mental health division a report containing information with respect to the usage of the equipment including, but not limited to, the number of clients served with the equipment, the number of staff who provided services using the equipment, their professional duties with the center, and any other information the mental health division may require. The division shall compile the information received from the community mental health centers under this subsection and submit a report containing that information no later than September 1, 2008, to the joint appropriations interim committee, the joint labor, health and social services interim committee and the select committee on mental health and substance abuse services, if the select committee is in existence on September 1, 2008.

“(b) There is appropriated nine hundred seventy-one thousand two hundred fifty dollars ($971,250.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall only be used to enable community mental health centers to contract with psychiatrists, including those who may be accessed through telepsychiatry services. Funds under this subsection shall be distributed within regions of the state designated by the mental health division, upon application showing that one (1) or more community mental health centers that are under contract with the mental health division within the designated region have contracted with a qualified psychiatrist to provide the services authorized under this section. Community mental health centers receiving funds under this subsection shall only expend the funds to contract with a psychiatrist under this subsection. Any funds unobligated and unexpended under this subsection on June 30, 2008, shall revert to the budget reserve account.

“(c) There is appropriated five hundred sixty thousand dollars ($560,000.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall only be used to enhance the availability of nursing support services in conjunction with the psychiatrists under contract with community mental health centers in regions of the state as designated by the mental health division. Funds under this subsection shall be distributed within regions of the state designated by the mental health division, upon application showing that community mental health centers under contract with the state have contracted with qualified nursing staff to provide the support to psychiatrists under contract with the centers. Community mental health centers receiving funds under this subsection shall only expend the funds to contract with nurses under this subsection. Any funds unobligated and unexpended under this subsection on June 30, 2008, shall revert to the budget reserve account.

“(d) There is appropriated seventy-five thousand dollars ($75,000.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall only be used to provide regional training of general or specialty practice physicians on the identification, diagnosis and pharmacological treatment of common mental health and substance abuse problems. The training sessions shall be conducted by a contractor selected by the mental health division through a competitive bid process.

“(e) There is appropriated four hundred thirty-two thousand eight hundred dollars ($432,800.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall be distributed to community mental health centers under contract with the mental health division to enhance ancillary transportation support services for clients of the community mental health centers. The funds under this subsection shall be distributed to community mental health centers within regions of the state designated by the mental health division under the existing distribution formula within each region only upon a commitment by the community mental health centers within the region to develop a coordinated plan for transportation throughout the region.

“(f) There is appropriated three hundred fifty-six thousand two hundred forty dollars ($356,240.00), or as much thereof as is necessary, from the general fund to the department of health, mental health division, for the fiscal year beginning July 1, 2007 and ending June 30, 2008. The funds appropriated under this subsection shall only be used to expand the availability of respite care statewide. The mental health division shall contract with community mental health centers for respite care for families and caregivers of clients unable to care for themselves to provide the respite care funded under this subsection. The funds under this subsection shall be distributed to community mental health centers within regions of the state designated by the mental health division under the existing distribution formula within each region only upon a commitment by the community mental health centers within the region to coordinate respite care throughout the region.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 25-11-102. Department to adopt schedule of costs for services and treatments; residents' accounts.

1. The department of health shall promulgate on or before October 1 of each year a schedule of actual costs for services and treatment rendered residents at each state institution under the direct authority and control of the department.
2. In determining actual costs the department may subtract from operation costs capital outlay and real property repair and maintenance to determine the immediate benefit to the resident.
3. An account for each resident shall record the actual costs and established charge for each month or fraction thereof. The established charge shall be paid in the manner provided in this article and credited to the account of the resident.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, § 2; 1993, ch. 85, § 1.

§ 25-11-103. Determining financial ability and established charges; special funds considered as part of resident's assets.

1. Established charges shall be determined using a sliding scale promulgated by the department of health or the department of family services for each state institution under its direct authority and control. The sliding scale shall be based upon the ability of the resident or other legally responsible person to pay and shall be designed to provide that the resident or legally responsible person shall not be deprived of income necessary to maintain a reasonable standard of living for that person and his dependents.
2. Upon completion of a resident questionnaire form provided by the department, the director of the department shall determine the established charge to be assessed in each case using the sliding scale promulgated by the department. Any payor may protest his established charge through the head of the institution to the department exercising direct authority and control over the institution if still dissatisfied. The department may affirm the established charge or set a different established charge. The decision of the department may be appealed pursuant to the Wyoming Administrative Procedure Act.
3. Any available income and special funds, including but not limited to hospitalization insurance, social security benefits, disability compensation, pensions, retirement benefits and veterans’ benefits shall be considered part of the total assets of a resident in determining an established charge.
4. Nothing in this chapter limits any obligation created by law or contract for third parties to pay for services provided to a resident admitted to a state institution.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, § 2; 2006, ch. 114, § 1.

The 2006 amendment, made a grammatical change in (d).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 25-11-104. Reimbursement of general fund for payments.

Payments for services provided to a resident admitted to a state institution either voluntarily or involuntarily shall be reimbursed to the state general fund.

History. Laws 1989, ch. 50, § 1.

§ 25-11-105. Limitation on liability of responsible relatives; liability of relatives, patient and estate after release or death; exception.

1. The liability of a parent or spouse of a resident for payment of established charges shall not exceed two (2) years of cumulative care at the state institution. Voluntary payments for care in excess of the two (2) year limitation may be accepted. This section does not limit the obligation, created by contract or law, of third party payments for resident or temporary services.
2. Subject to the limitation in subsection (a) of this section, the resident, his estate and other legally responsible persons are liable after release of the resident for the payment of any unpaid established charge. If a resident or a released resident dies, his estate is liable for all unpaid established charges unless the department exercising direct authority and control over the institution determines that no claim or a lesser claim should be filed against the estate due to the need for support from the proceeds of the estate of the legal dependents of the resident who are the beneficiaries of his estate.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, § 2.

§ 25-11-106. Billings; assignment of insurance; collection or waiver of arrearages.

1. The department of health shall establish procedures requiring state institutions under its direct authority and control to provide monthly billings to each resident of the state institution and to each legally responsible person. Billings under this subsection for the state hospital shall provide for an itemization, including at a minimum, the daily established charge.
2. The department shall obtain an assignment of benefits from any resident under its care and supervision who has insurance that may cover services provided.
3. An account for established charges which is not paid within ninety (90) days after the end of the month in which the charges accrue is in arrears and shall be referred to the respective department for collection. The department may contract with a private person or agency for collection of accounts under this subsection.
4. The department may adjust, compromise or waive collection of charges from the legally responsible person if the department determines that the person is without financial means or that collection would constitute a hardship. If the department decides to waive collection of charges, no future billing will be sent to a resident or legally responsible person.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, § 2; 1993, ch. 85, § 1.

§ 25-11-107. State to bear costs of those unable to pay.

If a resident or legally responsible person has no available assets at the time of or during the resident’s stay at a state institution to pay an established charge, all costs of treatment and transportation shall be borne by the state.

History. Laws 1989, ch. 50, § 1.

§ 25-11-108. Department to promulgate rules; forms.

The department of health shall promulgate reasonable rules and regulations and shall approve and provide forms necessary to carry out the purposes of this chapter.

History. Laws 1989, ch. 50, § 1; 1991, ch. 161, § 3; ch. 221, § 2; 1993, ch. 85, § 1.

§ 25-12-101. Wyoming school for the deaf; establishment; purpose; supervision.

1. The Wyoming school for the deaf is established at Casper, Wyoming, to provide to every child of school age in the state of Wyoming who is hearing impaired and for whom no lesser restrictive placement can be provided by the local school district a free and appropriate education in accordance with the child’s capabilities.
2. The Wyoming school for the deaf shall be operated and maintained under the general supervision of the superintendent of public instruction pursuant to W.S. 21-2-202 . The superintendent shall promulgate rules and regulations for the administration of the program and shall facilitate continued cooperation with Natrona county school district number 1. The school shall be staffed as follows:
   1. Except for substitute teachers who shall hold a substitute teaching permit, teachers at the school shall hold a Wyoming standard teaching certificate, including an endorsement for deaf education;
   2. The administrator at the school shall hold a Wyoming standard teaching certificate, including endorsements for deaf education and school principal;
   3. Interpreters at the school shall be qualified under rules promulgated by the department of education;
   4. Ancillary staff shall be qualified for the positions they hold.
3. The program may serve as a repository for equipment and materials to assist local agencies serving individuals with hearing impairments.

History. Laws 1993, ch. 185, § 1.

§ 25-13-101. Definitions.

1. As used in this act:
   1. “Advisory board” or “board” means the correctional industries advisory board created by W.S. 25-13-102 ;
   2. “Department” means the department of corrections;
   3. “Inmate” means a person serving a felony sentence in a state correctional facility;
   4. “State correctional facility” means the Wyoming state penitentiary, the Wyoming women’s center or any penitentiary honor farm or camp;
   5. “This act” means W.S. 25-13-101 through 25-13-107 .

History. Laws 1999, ch. 141, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 25-13-102. Correctional industries advisory board.

1. There is created the correctional industries advisory board. The board shall consist of seven (7) members appointed by the governor. Members shall serve a three (3) year term provided that of the initial board, two (2) members shall be appointed for a one (1) year term, two (2) members for two (2) year terms and three (3) members for three (3) year terms. Membership on the board shall include representatives of organized labor, business, the criminal justice system and the educational community. The director of the department of corrections and the director of the department of workforce services, or their designees, shall serve as ex officio nonvoting members of the board.
2. The governor may remove any member of the board as provided by W.S. 9-1-202 .
3. Vacancies on the advisory board shall be filled by appointment for the unexpired term.
4. Members of the advisory board shall not receive compensation for their services, but when actually engaged in the performance of their duties shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.
5. The department shall provide staff services as the advisory board requires to carry out its duties.
6. The advisory board shall recommend to the governor and to the department policies for correctional industries programs designed to:
   1. Offer inmates meaningful employment, work experience and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon the inmate’s release from custody;
   2. Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;
   3. Provide for the effective and efficient operation of correctional work programs which are as similar as possible to those provided by the private sector;
   4. Encourage the development of and provide for the selection of, contracting for, and supervision of work programs with participating private enterprise firms; and
   5. Provide advice regarding the use of available funds in correctional industries enterprises and meaningful work programs that will not result in the displacement of employed workers, be applied in skills, crafts or trades in which there is adequate gainful labor in the locality or impair existing contracts for services.
7. The advisory board shall annually review and report to the governor and joint judiciary interim committee the performance of the correctional industries program within the department.

History. Laws 1999, ch. 141, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in the last sentence of (a).

§ 25-13-103. Correctional industries account.

1. There is created the correctional industries account. The department shall deposit in the account all monies collected under W.S. 25-13-107(b)(iii) and all other revenues or profits that accrue from the operation of the correctional industries program created by this act until the account balance reaches five million dollars ($5,000,000.00). Annually, on July 1, monies within the account in excess of five million dollars ($5,000,000.00) shall be credited to the general fund as reimbursement to the state for costs of incarceration. Interest on funds in the account shall remain in the account.
2. Monies in the account shall be appropriated only for expenses related to the establishment, operation and enhancement of the correctional industries program and vocational programs at state correctional facilities.

History. Laws 1999, ch. 141, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “within the special revenue fund” at the end of the first sentence.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 25-13-104. Agreements with private employers; leases.

1. The department, in consultation with the correctional industries advisory board, may establish programs for the employment of inmates by private employers and enter into agreements with private employers under which the employer owns, constructs, leases to or from the department or otherwise establishes facilities to manufacture or process goods, provide services or conduct any other business, commercial or agricultural enterprise and employ inmates from a correctional facility. Facilities established under this section may be located within or outside the exterior boundaries of a state correctional facility property. Construction of facilities by private employers under this section shall not be subject to competitive bid requirements applicable to construction by the state. Inmate labor may be used pursuant to W.S. 7-16-202 for construction of facilities that occurs within the exterior boundaries of a state correctional facility property under this section.
2. If any state correctional facility operates a program involving the use, purchase, training or sale of wild horses, the program shall not use any wild horse which was not initially captured or found within the boundaries of the state or within the boundaries of a bureau of land management herd management area contiguous to the state. There shall be a brand and ownership inspection under W.S. 11-20-203 at the time of transfer of a wild horse to or from any state correctional facility. Not later than November 1 of each year, the department shall report to the joint agriculture, state and public lands and water resources interim committee on any use of or other transactions involving wild horses at correctional facilities in this state. As used in this section, “wild horse” means as defined in W.S. 11-30-115(a).

History. Laws 1999, ch. 141, § 1; 2003, ch. 61, § 1; 2013 ch. 9, § 1, effective July 1, 2013; 2013 ch. 154, § 1, effective March 13, 2013.

The 2013 amendments. —

The first 2013 amendment, by ch. 9, § 1, effective July 1, 2013, added “, provide services” after “process goods” in the first sentence.

The second 2013 amendment, by ch. 154, § 1, added (b), designating the provision as (a).

Laws 2013, ch. 154, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 25-13-105. Voluntary employment.

An inmate may be employed under this act only on a voluntary basis and only after the inmate has been informed of all conditions of employment.

History. Laws 1999, ch. 141, § 1.

Meaning of “this act.” —

For the definition of “this act,” as used in this section, see § 25-13-101(a)(v).

§ 25-13-106. Application of other laws.

1. The employer shall contribute to the state worker’s compensation fund at the appropriate rate calculated by the worker’s compensation division for the work being performed.
2. A nongovernmental enterprise operating on any correctional facility premises under this act is subject to all laws and rules otherwise governing the operation of similar private enterprises in this state.

History. Laws 1999, ch. 141, § 1.

Correctional industries program. —

Under subsection (a) of this section and § 27-14-401(h), inmates working in the correctional industries program, which includes the prison laundry, are covered by worker's compensation. In re Worker's Comp. Claim v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2002 WY 37, 42 P.3d 461, 2002 Wyo. LEXIS 39 (Wyo. 2002).

Meaning of “this act.” —

For the definition of “this act,” as used in this section, see § 25-13-101(a)(v).

§ 25-13-107. Compensation of employed inmates; payment and disposition.

1. Any agreement entered into between the department and a private employer under this act shall provide that an employed inmate shall be paid wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work is performed.
2. The compensation of an inmate employed under this act shall be surrendered to the department and shall be distributed in the following order:
   1. Fifteen percent (15%) of the inmate’s gross compensation under the program to the inmate’s personal savings account within the correctional facility’s trust and agency account, until the inmate’s account has a balance of up to two thousand five hundred dollars ($2,500.00). Once the inmate’s personal savings account balance reaches two thousand five hundred dollars ($2,500.00), this fifteen percent (15%) shall be distributed to the inmate as provided by W.S. 7-16-205(a). Funds in the inmate’s personal savings account shall be paid to the inmate upon parole or final discharge;
   2. Twenty percent (20%) of the inmate’s gross compensation under the program to be distributed to the inmate as provided by W.S. 7-16-205(a);
   3. Deduction for federal income taxes, medicare and social security appropriate to the gross amount of the inmate’s compensation under the program;
   4. Fifteen percent (15%) of the remaining amount to the crime victims compensation account created by W.S. 1-40-114 ;
   5. If the inmate is not obligated to pay child support, the remaining amount to the correctional industries account pursuant to W.S. 25-13-103(a), to reduce the cost otherwise associated with providing the inmate with room and board;
   6. If the inmate is obligated for existing child support obligations, pursuant to state statute or court order, including all support obligations issued pursuant to W.S. 20-2-102 , the remainder of the inmate’s compensation under the program, shall be distributed toward the child support obligation up to the amount ordered. If the existing child support obligation is less than the remainder of the inmate’s compensation under the program, the difference between the actual amount of the child support obligation and the remainder of the inmate’s compensation under the program shall be distributed to the correctional industries account pursuant to W.S. 25-13-103(a), to reduce the cost otherwise associated with providing the inmate with room and board;
   7. The department shall provide all inmates employed under this act with the forms necessary for the filing of a petition for support under W.S. 20-2-102 and shall honor new or existing court orders for support up to the amount ordered, including those orders issued pursuant to a petition for support filed under W.S. 20-2-102.
3. The department shall develop the necessary administrative structure to recover inmates’ wages and keep records of the amount inmates pay for the costs of incarceration.
4. The earnings of inmates under this act are not subject to garnishment, attachment or execution either in the hands of the employer, the department or any agent authorized to hold and transmit the earnings.
5. If a provision of this act relating to the payment or disbursement of compensation to inmates employed in a correctional industries program conflicts with any other provision of title 27 of the Wyoming Statutes, the provision of this act controls.

History. Laws 1999, ch. 141, § 1; 2005, ch. 213, § 1.

The 2005 amendment, rewrote (b), amending compensation provisions for inmates participating in the prison industries program and adjusting the distribution of compensation based on whether the inmate owes child support.

Laws 2005, ch. 213, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2005.

Meaning of “this act.” —

For the definition of “this act,” as used in this section, see § 25-13-101(a)(v).

§ 25-14-101. Purpose; admission of veterans and veterans’ spouses; admission of “gold star” nonveterans; preference to veterans and veterans’ spouses; capacity.

1. The Wyoming veterans’ skilled nursing facility is created to provide veterans with skilled nursing benefits across multiple levels of need. The skilled nursing facility shall provide community living, care and treatment for individuals who, due to wounds, disease, old age or other infirmities as determined by department of health rules, need safety net care because they cannot be served in private facilities, skilled nursing care or subsidized long-term care benefits and who are:
   1. Honorably discharged veterans of the armed forces of the United States; or
   2. Members of the state national guard disabled while on duty.
2. The department of health may admit to the Wyoming veterans’ skilled nursing facility a spouse of a person who qualifies under subsection (a) of this section, pursuant to rules or orders the department promulgates in accordance with W.S. 9-2-106(d) or 25-14-105 .
3. The department of health may admit persons to the Wyoming veterans’ skilled nursing facility for care and treatment who are not qualifying veterans or spouses of veterans under subsection (a) or (b) of this section if:
   1. The persons are qualifying dependents or the parents of United States military personnel who died while in service or who died as a result of their service as provided by statute, rule or regulation of the United States department of veterans affairs; and
   2. The persons are admitted pursuant to rules or orders promulgated in accordance with W.S. 9-2-106(d) or 25-14-105 .
4. Veterans and spouses of veterans who qualify for admission under subsections (a) and (b) of this section shall be given preference of admission in all circumstances.
5. In addition to subsections (a) through (d) of this section, the veterans’ skilled nursing facility shall comply with United States department of veterans affairs rules regarding capacity guidelines, number of beds and populations served.

History. 2019 ch. 156, § 1, effective February 28, 2019.

Effective date. —

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

§ 25-14-102. Veterans’ skilled nursing facility account; disposition, receipt and expenditure of monies received; acceptance of funding and donations.

1. There is created the veterans’ skilled nursing facility special revenue account. Notwithstanding W.S. 9-4-303(a), the department of health, veterans’ commission and state construction department shall deposit all monies and income received and collected by or for the Wyoming veterans’ skilled nursing facility into the account. Monies in this account are continuously appropriated to pay the costs of design and planning, construction, operation, loan repayment and maintenance of the veterans’ skilled nursing facility.
2. The department of health on behalf of the state may accept:
   1. State, federal, local and nongovernmental funds for the purposes of this chapter provided that any condition on receipt of the funds is not inconsistent with this chapter;
   2. Donations of land, money or other property for the construction, maintenance or other benefit of the veterans’ skilled nursing facility.

History. 2019 ch. 156, § 1, effective February 28, 2019.

Effective date. —

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

§ 25-14-103. Services for residents; administration; facility operation.

1. The department of health shall, by contract or otherwise:
   1. Provide skilled nursing care in the veterans’ skilled nursing facility in accordance with the federal Social Security Act and the federal Medicare and Medicaid regulations and United States department of veterans affairs requirements;
   2. Appoint one (1) department of health employee to oversee federal and state requirements applicable to the veterans’ skilled nursing facility;
   3. Provide other care as required under authority of the director of the department of health pursuant to W.S. 9-2-106(d).
2. The department of health may contract with an organization to provide day-to-day operation and administrative management of the veterans’ skilled nursing facility. The contract may provide for a monthly management fee as the department of health determines. The contract for operations and administrative management shall be in accordance with the best practices of a “green house” model community living concept and shall comply with state and federal law and regulations.

History. 2019 ch. 156, § 1, effective February 28, 2019.

Effective date. —

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

§ 25-14-104. Payments for care.

Residents shall pay for services provided under this chapter according to department of health rules. Payments shall be set at amounts to ensure that appropriate services are provided at the veterans’ skilled nursing facility, as required by this chapter, and shall be consistent with requirements for grant in aid payments from the United States department of veterans affairs.

History. 2019 ch. 156, § 1, effective February 28, 2019.

Effective date. —

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

§ 25-14-105. Promulgation of rules.

The department of health shall promulgate rules necessary to carry out this chapter. The rules shall provide admission requirements that do not jeopardize the veterans’ skilled nursing facility’s, or any veteran’s, qualifications to receive federal financial aid during admission to the veterans’ skilled nursing facility.

History. 2019 ch. 156, § 1, effective February 28, 2019.

Effective date. —

Laws 2019, ch. 156 § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.