Wyoming Statutes

Wyo. Stat. § 7-13-109 (2026)

Payment of jail costs by inmate.

✓ current as of May 2026

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(a) In addition to any other punishment prescribed by law,
the sentencing court may require a person sentenced to
confinement in county jail, for any offense, to pay the jail
facility the costs of room and board for each day of
incarceration, both before and after conviction. The costs for
room and board for each day of incarceration shall be an amount
equal to the actual cost of the services as determined by the
county sheriff. The cost of the services shall be paid to all
jail facilities where the inmate may have been held before and
after conviction. The costs shall not be assessed if:

          (i) The court finds that the defendant has no ability
to pay and that no reasonable probability exists that the
defendant will have an ability to pay; or

          (ii) In the judgment of the court, the costs would
impose a manifest hardship on the inmate, or the property of the
inmate is needed for the maintenance and support of the inmate's
family.

     (b) An order to pay room and board costs under this
section shall be included as a special order in the judgment of
conviction. To satisfy the order, the clerk of the sentencing
court, upon request of the sheriff or prosecuting attorney, may
issue execution against any assets of the defendant including
wages subject to attachment, in the same manner as in a civil
action.

     (c) Willful failure or refusal to pay costs ordered under
this section is punishable as contempt of court.

     (d) Any costs paid by a person under this section shall be
deposited in the county general fund to help defray the costs
the jail facility incurred in providing room and board to the
person.

Notes of Decisions

Cited in 8 cases, 1986–2014 · leading case: Schiefer v. State, 774 P.2d 133 (Wyo. 1989).

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Schiefer v. State, 774 P.2d 133 (Wyo. 1989). · cites it 12× “147, § 2) [6] did allow a defendant to be committed to jail until the fine and costs are paid, and W.S. 7-13-109 (1986 Cum.Supp.) [7] provided for restitution as part of the penal sentence.”

Kahlsdorf v. State, 823 P.2d 1184 (Wyo. 1991). · cites it 10× “6-3-702(c), the court may, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as prescribed under W.S. 7-13-109. (emphasis added). W.S. 7-13-109 (Cum.”

Lee v. State, 2 P.3d 517 (Wyo. 2000). · cites it 4× “Lee's assertion that the district court lacked authority to assess the cost of incarceration at the Natrona County Detention Center under Wyo. Stat. Ann. § 7-13-109 (Lexis 1999) or Wyo.”

Christensen v. State, 854 P.2d 675 (Wyo. 1993). · cites it 4× “Wyo.Stat. § 7-13-109(b) (Supp.1984) (emphasis added).”

Keller v. State, 771 P.2d 379 (Wyo. 1989). · cites it 2× “That section provided: “At the time of sentencing a defendant for any misdemeanor or felony conviction, if the court desires to require restitution, the court shall fix a reasonable amount as restitution owed to each victim for pecuniary damages resulting from the defendant’s…”

Kaess v. State, 748 P.2d 698 (Wyo. 1987). “The applicable statute, § 7-13-109(b), W.S. 1977, 1986 Cum.Supp., enacted by Ch.”

Pfeil v. State, 2014 WY 137 (Wyo. 2014). “2000), § 7-13-109 applies only to persons sentenced to the county jail.”

Keller v. State, 723 P.2d 1244 (Wyo. 1986). “The exact amount or upper limit of restitution need not be specified at the time of the plea since § 7-13-109, W.S. 1977, Cum.Supp.1985, provides that the amount of restitution is to be determined at the time of sentencing.”

— Wyo. Stat. § 7-13-109(b) — 4 cases

Christensen v. State, 854 P.2d 675 (Wyo. 1993). “Wyo.Stat. § 7-13-109(b) (Supp.1984) (emphasis added).”

Keller v. State, 771 P.2d 379 (Wyo. 1989). “That section provided: “At the time of sentencing a defendant for any misdemeanor or felony conviction, if the court desires to require restitution, the court shall fix a reasonable amount as restitution owed to each victim for pecuniary damages resulting from the defendant’s…”

Kahlsdorf v. State, 823 P.2d 1184 (Wyo. 1991). “6-3-702(c), the court may, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as prescribed under W.S. 7-13-109. (emphasis added). W.S. 7-13-109 (Cum.”

Kaess v. State, 748 P.2d 698 (Wyo. 1987). “The applicable statute, § 7-13-109(b), W.S. 1977, 1986 Cum.Supp., enacted by Ch.”

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