Wyoming Statutes

Wyo. Stat. § 7-13-107 (2026)

Split sentence of incarceration in county jail

✓ current as of May 2026
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followed by probation; civil liability of county officers and
employees.

     (a) Following a defendant's conviction of, or his plea of
guilty to any felony, other than a felony punishable by death or
life imprisonment, the court may impose any sentence of
imprisonment authorized by law and except as provided in
subsection (g) of this section, may in addition provide:

          (i) That the defendant be confined in the county jail
for a period of not more than one (1) year; and

          (ii) That the execution of the remainder of the
sentence be suspended and the defendant placed on probation.

     (b) In placing the defendant on probation under subsection
(a) of this section, the court may also:

            (i)    Impose any fine provided by the statute violated;

            (ii)   Apply the provisions of W.S. 7-13-501 through
7-13-503.

     (c) Except as provided in subsection (a) of this section,
the court may impose a split sentence of incarceration followed
by probation in any felony case including those in which the
statute violated specifically provides for a sentence of
imprisonment in the state penitentiary.

     (d) The court may impose a split sentence as provided by
this section at the time a defendant is originally sentenced or
at any hearing at which the court modifies or revokes a
defendant's probation and at which the defendant is personally
present.

     (e) The cost of housing convicted felons in the county
jail shall be paid by the department of corrections by contract
arrangement with the county sheriff. Costs shall include
shelter, food, clothing, and necessary medical, dental and
hospital care. Subject to legislative appropriation, the
department of corrections may contract with county sheriffs to
house felons sentenced under this section in county jail.

     (f) If any civil action is brought against any sheriff,
his under sheriff, deputy, agent or employee, by reason of acts
committed or allegedly committed in the performance of necessary
duties in connection with the housing and care of the convicted
felons, the state shall indemnify and hold harmless the
officers, agents or employees from all civil liability incurred
or adjudged except punitive damage awards. Upon request, the
state shall provide legal counsel at state expense to assist in
the defense of any action referred to in this subsection.

     (g) No person convicted of a felony may be sentenced to
the county jail under this section unless:

          (i) The judge, after consultation with the sheriff,
determines that adequate facilities are available and that the
jail is not overcrowded; and

          (ii)   Funding exists to pay the cost of placement, in
that:

               (A) The legislature has specifically
appropriated funds to pay for such placements and unencumbered
appropriated funds are available for the proposed placement; or

                (B) The county agrees to pay the costs of
placement if sufficient funds are not available from state
appropriations.

     (h) A defendant sentenced under this section is not
eligible for parole and is not subject to good time allowances
authorized under W.S. 7-13-420. The sentencing court shall
continue to have jurisdiction over the defendant during the
entire time he is confined in county jail and thereafter while
the defendant is serving his term of probation.

     (j) If consecutive terms of confinement in the county jail
are ordered pursuant to this section they shall not exceed a
period of one (1) year.
Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1982–2024 · leading case: Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992).
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). · cites it 72× “Wyo.Stat. § 7-13-107 (1987)—split sentencing involving incarceration in the county jail for a period not to exceed one year with a probationary sentence to follow county jail confinement involving probation granted for the balance of the established sentence.”
Daugherty v. State, 2002 WY 52 (Wyo. 2002). · cites it 20× “The current incarnation of that law, Wyo. Stat. Ann. § 7-13-107 (LexisNexis 2001), generally referred to as the "split sentencing statute," reads as follows: (a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death…”
Blake v. Rupe, 651 P.2d 1096 (Wyo. 1982). · cites it 14× “1977, was changed in 1981 to provide: "(a) A person convicted of a felony is incompetent to be an elector or juror, or to hold any office of honor, trust or profit within this state, unless: "(i) His conviction is reversed or annulled; "(ii) He receives a pardon; or "(iii) His…”
Cohee v. State, 2005 WY 50 (Wyo. 2005). · cites it 4× “Subsequently, however, the appellant changed his plea to guilty pursuant to a plea agreement containing the following terms: (1) a guilty plea; (2) a joint sentencing recommendation of eight to ten years imprisonment; (3) suspension of that sentence under Wyo. Stat. Ann. §…”
ENDRIS v. State, 2010 WY 73 (Wyo. 2010). · cites it 2× “" Wyo. Stat. Ann. § 7-13-107 (c) (emphasis added).”
Kidd v. State, 937 P.2d 1334 (Wyo. 1997). · cites it 8× “Wyo.Stat. § 7-13-107 (1995) provides in pertinent part: (a) Following a defendant’s conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as…”
Smith v. State, 902 P.2d 1271 (Wyo. 1995). · cites it 3× “§ 7-13-107 (1987), all but sixty days of that sentence were suspended, with provision that the sixty days be served in the Sheridan County Jail.”
Hart v. State, 2002 WY 163 (Wyo. 2002). · cites it 2× “Judgment was entered against Hart and, after a presentence investigation, he was sentenced to the custody of the Department of Corrections for a period of not less than thirty months and not more than seventy-two months.”
Hagerman v. State, 2011 WY 151 (Wyo. 2011). · cites it 2× “[¶ 5] Two specific terms of this sentence are relevant to the discussion herein.”
Messer v. State, 2006 WY 141 (Wyo. 2006). · cites it 3× “Wyo. Stat. Ann. § 7-13-107 allows certain felons to be confined in the county jail, rather than in the state prison.”
Rickey Dean Keefe v. The State of Wyoming, 2024 WY 93 (Wyo. 2024). · cites it 2× “Keefe was charged with two felonies for his 2022 conduct: 1) possession of methamphetamine with 1 With some exceptions not relevant here, Wyo. Stat. Ann. § 7-13-107 (c) (LexisNexis 2023) permits a district court to suspend a sentence of imprisonment in favor of a “split sentence…”
Jaimen Anthony Scott Aisenbrey v. The State of Wyoming, 2024 WY 131 (Wyo. 2024). · cites it 3× “A review of the relevant statutes reveals a split sentence pursuant to Wyoming Statute § 7-13-107 (LexisNexis 2023) is not the same as a sentence of probation under Wyoming Statute § 7- 13-401(a)(x) (LexisNexis 2023).”
— Wyo. Stat. § 7-13-107(a) — 3 cases
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “Wyo.Stat. § 7-13-107 (1987)—split sentencing involving incarceration in the county jail for a period not to exceed one year with a probationary sentence to follow county jail confinement involving probation granted for the balance of the established sentence.”
Kidd v. State, 937 P.2d 1334 (Wyo. 1997). “Wyo.Stat. § 7-13-107 (1995) provides in pertinent part: (a) Following a defendant’s conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as…”
— Wyo. Stat. § 7-13-107(c) — 3 cases
Daugherty v. State, 2002 WY 52 (Wyo. 2002). “The current incarnation of that law, Wyo. Stat. Ann. § 7-13-107 (LexisNexis 2001), generally referred to as the "split sentencing statute," reads as follows: (a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death…”
Kidd v. State, 937 P.2d 1334 (Wyo. 1997). “Wyo.Stat. § 7-13-107 (1995) provides in pertinent part: (a) Following a defendant’s conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as…”
Daugherty v. State, 44 P.3d 58 (Wyo. 2002).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.