Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 11 - TRIAL AND MATTERS INCIDENT THERETO / Article 3 - MENTAL ILLNESS OR DEFICIENCY
Wyoming Statutes

Wyo. Stat. § 7-11-308 (2026)

Duties of the department of health as to

✓ current as of May 2026
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designated facilities other than the state hospital.

The department of health may designate county detention
facilities as qualified to provide security, examination or
treatment to accused persons under this act and enter into
contracts with those designated facilities for the security,
examination or treatment of accused persons under this act. The
department may enter into contracts with counties under this
section.
Notes of Decisions
Cited in 7 cases, 2001–2016 · leading case: In the Interest of: SWM v. The State of Wyoming, 2013 WY 49 (Wyo. 2013).
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In the Interest of: SWM v. The State of Wyoming, 2013 WY 49 (Wyo. 2013). · cites it 7× “" The Order specifically required that a written report of the examination be filed with the Clerk of Court pursuant to Wyo. Stat. Ann. § 7-11-308 (c) and Wyo. Stat.”
Eaton v. State, 2008 WY 97 (Wyo. 2008). · cites it 2× “Wyo. Stat. Ann. § 7-11-308 does not make it entirely clear what procedure should be followed in an instance such as this where the problem does not come fully to light until the middle of a jury trial.”
Eric Levanter DeMillard v. The State of Wyoming, 2013 WY 99 (Wyo. 2013). · cites it 4× “The State subsequently filed a motion seeking to medicate Appellant involuntarily under Wyo. Stat. Ann. § 7-11-308 (e) in order to restore his competency to participate in the probation revocation proceedings.”
Nathaniel Castellanos v. State, 2016 WY 11 (Wyo. 2016). “On Decém-ber 20, 2012, the district court issued an Order to Suspend Proceedings Pending a Second Evaluation of the Defendant Pursuant to W.S. 7-11-308(d). The order directed that the second evaluation be completed by an evaluator of defense counsel's choosing and that the…”
Shipman v. State, 2001 WY 11 (Wyo. 2001). · cites it 2× “§ 7-11-805 (c) (LEXIS 1999) states: "Only the designated examiners who examined the defendant pursuant to W.S. §§ 7-11-308 or 7-11-804 are competent witnesses to testify as to the defendant's mental responsibility.”
Debora McEwan v. The State of Wyoming, 2013 WY 158 (Wyo. 2013). · cites it 2× “[¥24] By March 15, 2011, her interactions with her first attorney led him to suspect that McEwan might be suffering from a mental problem that adversely affected her ability to assist in her own defense, and he therefore asked that she be evaluated to determine if she was fit to…”
DeShazer v. State, 74 P.3d 1240 (Wyo. 2003). “§ 7-11-308 (LexisNexis 2003) provides: (a) If it appears at any stage of a criminal proceeding, by motion or upon the court's own motion, that there is reasonable cause to believe that the accused has a mental illness or deficiency making him unfit to proceed, all further *1247…”
— Wyo. Stat. § 7-11-308(d) — 1 case
Nathaniel Castellanos v. State, 2016 WY 11 (Wyo. 2016). “On Decém-ber 20, 2012, the district court issued an Order to Suspend Proceedings Pending a Second Evaluation of the Defendant Pursuant to W.S. 7-11-308(d). The order directed that the second evaluation be completed by an evaluator of defense counsel's choosing and that the…”
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