Probation Rules in Wyoming
In Wyoming, deferred adjudication probation lasts up to 36 months for eligible first-time offenders, with early discharge possible after 1 year. Suspended sentence probation can last up to 5-10 years. Standard conditions include reporting, drug testing, employment, and paying restitution. Successful completion of deferred adjudication results in discharge without a conviction. Violations may result in graduated sanctions or adjudication of guilt and sentencing.
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Overview
Wyoming uses an indeterminate sentencing system for probation, governed primarily by WS 7-13-301 through 7-13-305. The Wyoming Department of Corrections, Division of Field Services supervises adult probation. Wyoming provides two main pathways: deferred adjudication under WS 7-13-301 (for first-time felony offenders who have not been previously convicted) and standard probation under WS 7-13-302 (suspended sentence). Deferred adjudication is a significant benefit, as discharge results in no adjudication of guilt and is not considered a conviction. Probation terms for deferred adjudication cannot exceed 36 months, with early discharge possible after 1 year. The state uses graduated sanctions for violations.
Quick Answer
In Wyoming, deferred adjudication probation lasts up to 36 months for eligible first-time offenders, with early discharge possible after 1 year. Suspended sentence probation can last up to 5-10 years. Standard conditions include reporting, drug testing, employment, and paying restitution. Successful completion of deferred adjudication results in discharge without a conviction. Violations may result in graduated sanctions or adjudication of guilt and sentencing.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Deferred Adjudication (WS 7-13-301) | For persons found guilty who have not previously been convicted of a felony. The court defers adjudication and places the person on probation. Successful completion results in discharge without adjudication of guilt and is not a conviction. Excludes murder, first/second degree sexual assault, aggravated assault and battery, and first/second degree arson. | 36 months |
| Suspended Sentence Probation (WS 7-13-302) | The court imposes a sentence but suspends execution and places the defendant on probation. If revoked, the suspended sentence may be executed. | 5 years (up to 10 years for certain offenses) |
| Misdemeanor Probation | Supervision for misdemeanor convictions, managed by county courts or the Division of Field Services. Less intensive with conditions appropriate to the offense. | 1 year |
Probation Conditions
- ✓Report to Probation Officer
Report to your assigned probation officer at scheduled times as directed. Frequency is based on risk level and compliance.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. Positive results or refusal constitutes a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment, attend school, or participate in vocational training as directed.
- ✓No New Criminal Offenses
Do not commit any new criminal offenses during probation.
- ✓Pay Fines and Restitution
Pay all court-ordered fines, restitution, and supervision fees as scheduled.
- ✓No Firearms
Do not possess firearms or dangerous weapons during probation. Mandatory for felony probationers.
- ✓Remain in Judicial District
Do not leave your assigned judicial district or the state without written permission from your probation officer.
- ○Community Service
Complete court-ordered community service hours at approved organizations.
- ○Substance Abuse Treatment
Complete substance abuse evaluation and all recommended treatment programs.
- ✓Comply with Court-Set Terms
Comply with all additional terms and conditions set by the court, which may include curfew, no-contact orders, or other restrictions.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations (Deferred Adjudication) | Missing appointments, failing drug tests, not completing community service, violating curfew, or failing to maintain employment. | Under WS 7-13-301, if you violate a term or condition, the court may enter an adjudication of guilt and proceed to impose sentence if you previously pled guilty, or may order the original trial to proceed if you have not pled guilty. Graduated sanctions may be used before full adjudication. |
| Technical Violations (Suspended Sentence) | Missing appointments, failing drug tests, not maintaining employment, or other condition violations. | Under WS 7-13-305, the court may modify, continue, or extend the probation, or revoke probation and execute the suspended sentence. Graduated sanctions include warnings, community service, increased reporting, and short-term jail. |
| New Criminal Offense | Being arrested or convicted of any new criminal offense during probation. | For deferred adjudication, the court may enter an adjudication of guilt and impose sentence. For suspended sentences, the court may revoke probation and execute the suspended sentence. New charges are prosecuted separately. |
| Absconding | Leaving the judicial district or state without permission, failing to report for an extended period. | A warrant is issued. Absconding typically results in revocation (or adjudication of guilt for deferred cases) and imposition of the sentence. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In Wyoming, probation is a court-ordered sentence served in the community as an alternative to incarceration, supervised by the Division of Field Services within the Department of Corrections. Parole is early release from the Wyoming State Penitentiary granted by the Board of Parole after serving a portion of a sentence, also supervised by the Division of Field Services. Probation conditions are set by the sentencing court, while parole conditions are set by the Board of Parole.
Frequently Asked Questions
- How long can probation last in Wyoming?
- Deferred adjudication probation can last up to 36 months. Suspended sentence probation can last 5-10 years depending on the offense. Misdemeanor probation can last up to 1 year.
- What is deferred adjudication in Wyoming?
- Under WS 7-13-301, if you have not previously been convicted of a felony, the court may defer adjudication and place you on probation. If you complete all conditions, you are discharged without adjudication of guilt, meaning no conviction on your record. It is not available for murder, sexual assault 1st/2nd degree, aggravated assault and battery, or arson 1st/2nd degree.
- Can I get off deferred adjudication early in Wyoming?
- Yes. After at least 1 year from the date of the original probation, if the court finds you have fulfilled the terms and rehabilitation has been attained, the court may discharge and dismiss the proceedings. This is a significant benefit as it results in no conviction.
- What happens if I violate deferred adjudication in Wyoming?
- The court may enter an adjudication of guilt and impose sentence if you previously pled guilty, or order the original trial to proceed if you have not pled guilty. This means you lose the benefit of no conviction on your record.
- Can I travel out of state on probation in Wyoming?
- Only with written permission from your probation officer. Submit a request in advance. Permanent relocation requires Interstate Compact processing.
- Can I possess a firearm on probation in Wyoming?
- No. Felony probationers are prohibited from possessing firearms under state and federal law. Any firearm possession is a serious violation.
- What is the difference between deferred adjudication and suspended sentence?
- Deferred adjudication (WS 7-13-301) results in no conviction if completed successfully. Suspended sentence (WS 7-13-302) involves a conviction with the sentence suspended while you serve probation. If revoked, the suspended sentence is executed.
- Do I have to pay supervision fees in Wyoming?
- You must pay all court-ordered fines, restitution, and fees. Specific supervision fee requirements are set by the court. Financial compliance is considered in early termination decisions.
Take Action — Direct Links
- Wyoming Department of Corrections - Field Services
Official state agency supervising probation in Wyoming, with office locations and program information.
- WS 7-13-301 - Deferred Adjudication
Wyoming statute governing deferred adjudication probation for eligible first-time offenders.
- WS 7-13-305 - Determination, Continuance, Extension, Revocation
Statute governing probation determination, continuance, extension, and revocation proceedings.
- Wyoming State Bar - Lawyer Referral
Lawyer referral service for finding legal assistance with probation matters in Wyoming.
- Equal Justice Wyoming
Free legal assistance for low-income Wyoming residents with probation-related issues.