Wyoming Statutes
Wyo. Stat. § 7-13-401 (2026)
Definitions; creation of board; officers;
✓ current as of May 2026
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compensation; hearing panels; meetings.
(a) As used in W.S. 7-13-401 through 7-13-424:
(i) "Board" means the state board of parole;
(ii) "Conditional release" means any form of release
by an institution or by a court, other than parole or probation,
which is subject to conditions imposed by the institution or
court, but excludes release on bail;
(iii) "Conditional releasee" means an individual
granted conditional release by an institution or court;
(iv) "Department" means the department of
corrections;
(v) "Director" means the director of the department
of corrections;
(vi) "Institution" includes the Wyoming state
penitentiary, state penitentiary farms and camps, Wyoming
women's center, Wyoming state hospital and any other state penal
institution including a correctional facility operated by a
private entity pursuant to W.S. 7-22-102;
(vii) "Parole" means permission to leave the confines
of the institution in which a person is confined under specified
conditions, but does not operate as a discharge of the person;
(viii) "Parolee" means a prisoner or an inmate of an
institution who has been granted parole;
(ix) "Peace officer" means as defined by W.S.
7-2-101;
(x) "Probation" means a sentence not involving
confinement which imposes conditions and retains authority in
the sentencing court to modify the conditions of the sentence or
to resentence the offender if he violates the conditions;
(xi) "Probationer" means a defendant granted
probation by the sentencing court;
(xii) "Executive director" means the executive
director of the board;
(xiii) "Field services administrator" means the
administrator for the department of corrections division of
field services;
(xiv) "Probation and parole agent" means an employee
of the department of corrections, division of field services,
who supervises a parolee or probationer;
(xv) "Compliance violation" means a violation of a
condition of probation, parole or conditional release but shall
not include:
(A) An arrest for a new misdemeanor or felony
offense; or
(B) Absconding from supervision, which includes
the defendant, probationer or parolee deliberately making his
whereabouts unknown to his probation and parole agent, the
department or court or failing to report for the purpose of
avoiding supervision, where reasonable efforts by the probation
and parole agent to locate the defendant, probationer or parolee
have been unsuccessful.
(b) There is created the state board of parole which
consists of seven (7) members appointed by the governor with the
advice and consent of the senate, in accordance with W.S.
28-12-101 through 28-12-103. Not more than seventy-five percent
(75%) of the members shall be of the same political party.
Members of the board shall be appointed for six (6) year terms.
The governor may remove any board member as provided in W.S.
9-1-202.
(c) Annually at the first meeting of the board, the
members shall elect from their number a chairman and
vice-chairman. Any vacancy caused by death, resignation or
disqualification of a member of the board shall be filled by the
governor for the remainder of the unexpired term of the member.
Any vacancy occurring between sessions of the legislature may be
filled by the governor in accordance with W.S. 28-12-101(b).
(d) When engaged in the performance of their duties,
members of the board shall receive salary in the amount paid to
members of the Wyoming legislature and travel expenses and per
diem in the same manner and amount as employees of the state.
(e) The board shall meet at least quarterly to conduct the
business specified in subsection (f) of this section. Except as
otherwise provided by subsection (f) of this section, four (4)
members constitute a quorum. All matters shall be decided by a
majority vote of those in attendance. The board may meet as
often as necessary for the administration and conduct of its
other business.
(f) Three (3) or more members of the board may constitute
a hearing panel empowered to review applications for parole,
grant paroles or revoke paroles. Fewer than three (3) members
of the board, as may be provided by rule of the board, may
withdraw or revoke good time, restore or reinstate good time,
make recommendations to the governor to grant commutations of
sentences and review inmate matters, other than the grant or
denial of parole, brought before the board. A decision by a
majority of the members of a panel under this subsection is the
decision of the board.
(g) The board may employ an executive director who shall
serve at the pleasure of the board as provided by appropriation
of the legislature. The executive director and other staff
members shall perform duties as may be assigned by the board.Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1978–2024 · leading case: Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019).
Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019). “This definition contains no language to suggest that once the sentencing court imposes “probation,” there may be temporal limits on the conditions of that sentence or on the court’s authority to enforce that sentence if the court has directed the probation to run consecutive to…”
Pisano v. Shillinger, 814 P.2d 274 (Wyo. 1991). “Nowhere in the entire probation-parole statute, W.S. 7-13-401, is any suggestion provided that either W.”
Chester Loyde Bird v. Wyoming Bd. of Parole, Daniel M. Fetsco, Exec. Dir., & Wyoming Dep't of Corr., Robert O. Lampert, Dir., 2016 WY 100 (Wyo. 2016). “), and to “adopt reasonable rales and regulations necessary to carry out the functions assigned,” Wyo. Stat. Ann. § 7-13-402 (e) (LexisNexis 2015).”
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “Wyo.Stat. § 7-13-401(a)(x) (Supp.1991) defines probation as: "Probation" means a sentence not involving confinement which imposes conditions and retains authority in the sentencing court to modify the conditions of the sentence or to resentence the offender if he violates the…”
Daugherty v. State, 2002 WY 52 (Wyo. 2002). “[5] Central to this Court's reasoning in Kidd was our determination that the county jail time could not be a probationary condition because Wyo. Stat. Ann. § 7-13-401 (a)(x) (1995) defined "probation" as being "a sentence not involving confinement.”
Rigler v. Lampert, 248 F. Supp. 3d 1224 (D. Wyo. 2017). “Wyo. Stat. § 7-13-401; Wyo. Stat. § 9-2-2012; Wyo.”
Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). “" W.S. 7-13-401(a)(x) (emphasis added). 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…”
Kupec v. State, 835 P.2d 359 (Wyo. 1992). “Appellant contends that the district court erred by failing to consider evidence which demonstrated that she did not willfully consume alcohol.”
Westmark v. State, 864 P.2d 1031 (Wyo. 1993). “Section 7-16-302(a)(vi) provides in part: “ Work release’ is not parole as defined by W.S. 7-13-401 but constitutes an extension of the limits of confinement beyond the boundaries of the institution.”
Peterson v. State, 586 P.2d 144 (Wyo. 1978). “In all likelihood, a defendant sentenced under § 7-13-301 would be subject to the limitations and requirements of the general probation and parole statutes, §§ 7-13-401 et seq., W.S. 1977. 17 . 1969 Perm.”
Schmidt v. State, 738 P.2d 1105 (Wyo. 1987). “See definitions, § 7-13-401, Ch. 157, S.L. of Wyoming 1987: "(vii) `Parole' means permission to leave the confines of the institution in which a person is confined under specified conditions, but does not operate as a discharge of the person; * * * * * * "(x) `Probation' means a…”
Anderson v. State, 2002 WY 46 (Wyo. 2002). “(a) Under direction and supervision of the director, probation and parole agents shall: (i) Except as otherwise directed by the director, devote full time to the performance of their duties in carrying out the provisions of W.S. 7-13-401 through 7-13-421; (ii) Investigate all…”
— Wyo. Stat. § 7-13-401(a)(vii) — 2 cases
Westmark v. State, 864 P.2d 1031 (Wyo. 1993). “Section 7-16-302(a)(vi) provides in part: “ Work release’ is not parole as defined by W.S. 7-13-401 but constitutes an extension of the limits of confinement beyond the boundaries of the institution.”
Pisano v. Shillinger, 814 P.2d 274 (Wyo. 1991). “Nowhere in the entire probation-parole statute, W.S. 7-13-401, is any suggestion provided that either W.”
— Wyo. Stat. § 7-13-401(a)(x) — 7 cases
Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). “Wyo.Stat. § 7-13-401(a)(x) (Supp.1991) defines probation as: "Probation" means a sentence not involving confinement which imposes conditions and retains authority in the sentencing court to modify the conditions of the sentence or to resentence the offender if he violates the…”
Michael Angelo Sena, Jr. v. The State of Wyoming, 2019 WY 111 (Wyo. 2019). “This definition contains no language to suggest that once the sentencing court imposes “probation,” there may be temporal limits on the conditions of that sentence or on the court’s authority to enforce that sentence if the court has directed the probation to run consecutive to…”
Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). “" W.S. 7-13-401(a)(x) (emphasis added). 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…”
Kupec v. State, 835 P.2d 359 (Wyo. 1992). “Appellant contends that the district court erred by failing to consider evidence which demonstrated that she did not willfully consume alcohol.”
Jaimen Anthony Scott Aisenbrey v. The State of Wyoming, 2024 WY 131 (Wyo. 2024).
— Wyo. Stat. § 7-13-401(f) — 1 case
Barela v. Wyoming Dep't of Corr. Honor Conservation Camp Warden (D. Wyo. 2020).
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