Wyoming Statutes

Wyo. Stat. § 7-1-108 (2026)

Incarceration of juvenile offenders.

✓ current as of May 2026

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(a) Effective July 1, 1995, no minor convicted of a status
offense as defined by W.S. 7-1-107(b) shall be sentenced to a
term of imprisonment.

     (b) A minor convicted of a misdemeanor or of violating a
municipal ordinance, other than a status offense, for which a
term of imprisonment is authorized, shall only be imprisoned in
a juvenile detention facility.

     (c) Except for an alleged delinquent minor who is released
to the custody of the minor's parent, guardian or custodian,
with verbal counsel, warning or a written promise to appear in
court, the person taking the minor into custody shall ensure a
juvenile detention risk assessment shall be promptly performed,
using a uniform assessment instrument designed by the county
sheriffs. If the risk assessment finds that the minor is a
serious risk to himself or to the safety of others, the minor
may be:

          (i) Placed in a hardware or staff secure juvenile
detention facility;

          (ii) Transferred to a medical facility if the minor
is believed to be suffering from a serious physical or mental
illness that requires prompt diagnosis or treatment;

          (iii) If the minor is not held pursuant to paragraph
(i) of this subsection, placed in shelter care or a staff secure
juvenile detention facility, or released to a parent, guardian
or other custodian who can provide supervision and care for the
minor pending the minor's appearance in court. If no space is
available in shelter care or a staff secure juvenile detention
facility, the minor may be held in a hardware secure juvenile
detention facility.

     (d) A minor under the age of eleven (11) years shall not
be held in a hardware secure juvenile detention facility. If
the minor under the age of eleven (11) years poses a substantial
risk of harm to himself or others, a peace officer may detain
and transport the minor for an emergency mental health
evaluation.

     (e) If a minor is taken into custody and is not released
to the minor's parent, guardian or custodian, the person taking
the minor into custody shall give notice thereof to the minor's
parent, guardian or custodian as soon as possible, and in no
case later than twenty-four (24) hours after taking the minor
into custody.

     (f) The county sheriffs shall report on and the department
of family services shall collect and analyze data regarding the
application of the juvenile detention risk assessment
instruments specified under W.S. 5-6-113(c) and subsection (c)
of this section and shall report to the joint judiciary interim
committee annually beginning January 1, 2011 and every January 1
thereafter.

Notes of Decisions

Cited in 4 cases, 1981–1987 · leading case: Ake v. Oklahoma, 470 U.S. 68 (1985).

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Ake v. Oklahoma, 470 U.S. 68 (1985). · cites it 2× “1984); Wyo. Stat. §§ 7-1-108; 7-1-110; 7-1-116 (1977).”

Jackson v. State, 624 P.2d 751 (Wyo. 1981). · cites it 6× “The statutes upon which appellant relies in raising this claim are: "§ 7-1-108. Definitions. "(a) As used in this act: * * * * * * "(iv) `Needy person' means a person who at the time his need is determined is unable to provide for the full payment of an attorney and all other…”

Alberts v. State, 745 P.2d 898 (Wyo. 1987). · cites it 6× “[3] Section 7-1-108, W.S. 1977, was renumbered as § 7-6-102, W.”

State ex rel. Hoke v. Owens, 733 P.2d 240 (Wyo. 1987). · cites it 3× “Section 7-1-108, W.S.1977, provides in pertinent part: “(a) As used in this act: “(i) ‘Court of criminal jurisdiction’ means any court having jurisdiction concerning a serious crime; * * * * * * “(v) ‘Serious crime’ means any felony or misdemeanor offense for which incarceration…”

— Wyo. Stat. § 7-1-108(a)(iv) — 2 cases

Jackson v. State, 624 P.2d 751 (Wyo. 1981). “The statutes upon which appellant relies in raising this claim are: "§ 7-1-108. Definitions. "(a) As used in this act: * * * * * * "(iv) `Needy person' means a person who at the time his need is determined is unable to provide for the full payment of an attorney and all other…”

Alberts v. State, 745 P.2d 898 (Wyo. 1987). “[3] Section 7-1-108, W.S. 1977, was renumbered as § 7-6-102, W.”

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