Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 13 - SENTENCE AND IMPRISONMENT / Article 3 - PROBATION AND SUSPENSION OF SENTENCE
Wyoming Statutes

Wyo. Stat. § 7-13-303 (2026)

Investigation preceding probation or suspension

✓ current as of May 2026
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of sentence.

     (a) When directed by the court, the district attorney, a
probation and parole agent as defined in W.S. 7-13-401 or, in
the case of a minor, a counselor as defined by W.S.
5-3-501(a)(ii) or the department of family services shall
investigate and report to the court in writing:

          (i)    The circumstances of the offense;

          (ii) The criminal record, social history and present
conditions of the defendant;

          (iii) If practicable, the findings of a physical and
mental examination of the defendant;

          (iv)    If practicable, statements from the victim;

          (v)    A summary of the impact of the offense on the
victim;

          (vi)    The results of a validated risk and need
assessment.

     (b) Unless the court directs otherwise, no defendant
charged with a felony or misdemeanor shall be placed on
probation, placed in an intensive supervision program
established under W.S. 7-13-1102 or released under suspension of
sentence until the report of the investigation under this
section is presented to and considered by the court. If the
defendant is sentenced to the custody of the department of
corrections to serve a term of incarceration in a state penal
institution, a copy of the report of the investigation if
completed shall be sent to the department of corrections at the
time of sentencing. The clerk of court shall forward copies of
the report, if completed, to the department of corrections,
together with copies of all orders entered by the court.

     (c) The court may, in its discretion, dispense with the
investigation and preparation of a report required by this
section or may limit the scope of the investigation and report
to circumstances and conditions the court deems relevant to its
sentencing determination.
Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1982–2025 · leading case: Burke v. State, 746 P.2d 852 (Wyo. 1987).
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Burke v. State, 746 P.2d 852 (Wyo. 1987). · cites it 6× “The State contends also that even without express statutory authority, a trial judge may assess costs of prosecution as a condition of probation under the broad discretion granted by § 7-13-303, W.”
Mehring v. State, 860 P.2d 1101 (Wyo. 1993). · cites it 4× “Wyo.Stat. § 7-13-303 (1987 & Cum.Supp.1993).”
Schiefer v. State, 774 P.2d 133 (Wyo. 1989). · cites it 6× “Work as a Condition of Probation: Imposed under W.S. 7-13-303 (1986 Cum.Supp.) [Wyo. Sess.”
Billis v. State, 800 P.2d 401 (Wyo. 1990). · cites it 2× “7-13-701 through 7-13-704: * * * * * * *443 (iii) Persons for whom work is imposed as a condition or probation pursuant to W.S. 7-13-303(b). Wyo. Sess. Laws ch. 68 (1984).”
Noller v. State, 2010 WY 30 (Wyo. 2010). · cites it 3× “Noller's motion to strike, the district court referenced Wyo. Stat. Ann. § 7-13-303 (LexisNexis 2007) and Rule 32(a)(2) and stated: The court believes and concludes that this statutory mandate and the rule mandate comprehend certain items in a presentence investigation report…”
Justin Berry v. The State of Wyoming, 2023 WY 75 (Wyo. 2023). · cites it 2× “Did being ordered to participate in the preparation of a presentence investigation under Wyoming Statute § 7-13-303 and Rule 32 of the Wyoming Rules of Criminal Procedure violate Mr.”
Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). · cites it 2× “To assist the sentencing judge in his consideration of whether to grant probation to an offender, the judge may direct the prosecuting attorney or the state probation and parole officer to investigate and report to him concerning factors which he may weigh.”
Yates v. State, 723 P.2d 37 (Wyo. 1986). · cites it 4× “The indeterminate nature of a § 7-13-301 sentence is further enunciated by the provisions of §§ 7-13-303 and 7-13-304, W.S. 1977: "§ 7-13-303.”
Chapman v. State, 728 P.2d 631 (Wyo. 1986). · cites it 2× “That is true, but the question here is not whether appellant received a copy of the probation agreement; rather, the question is when did appellant’s probation begin? Appellant uses as a major premise for his argument that the conditions of his probation were not enforceable…”
Tyler Bryan Martinson v. The State of Wyoming, 2023 WY 88 (Wyo. 2023). · cites it 2× “State, we explained that although PSI reports commonly include a sentencing recommendation, neither Rule 32 nor the statute governing presentence investigations requires a recommendation.”
Sanderson v. State, 649 P.2d 677 (Wyo. 1982). “The court, pursuant to § 7-13-303, W.S.1977, imposed terms and conditions of probation.”
Cameron Curtis Hagen v. The State of Wyoming, 2025 WY 22 (Wyo. 2025). · cites it 2× “Rather, Wyo. Stat. Ann. § 7-13-303 (2023) and Rule 32 of the Wyoming Rules of Criminal Procedure (W.”
Show all 13 citing cases →
— Wyo. Stat. § 7-13-303(a) — 1 case
Chapman v. State, 728 P.2d 631 (Wyo. 1986). “That is true, but the question here is not whether appellant received a copy of the probation agreement; rather, the question is when did appellant’s probation begin? Appellant uses as a major premise for his argument that the conditions of his probation were not enforceable…”
— Wyo. Stat. § 7-13-303(b) — 2 cases
Billis v. State, 800 P.2d 401 (Wyo. 1990). “7-13-701 through 7-13-704: * * * * * * *443 (iii) Persons for whom work is imposed as a condition or probation pursuant to W.S. 7-13-303(b). Wyo. Sess. Laws ch. 68 (1984).”
Schiefer v. State, 774 P.2d 133 (Wyo. 1989). “Work as a Condition of Probation: Imposed under W.S. 7-13-303 (1986 Cum.Supp.) [Wyo. Sess.”
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