Wyoming Statutes
Wyo. Stat. § 7-13-402 (2026)
General powers and duties of board; eligibility
✓ current as of May 2026
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for parole; immunity.
(a) The board may grant a parole to any person imprisoned
in any institution under sentence, except a sentence of life
imprisonment without parole or a life sentence, ordered by any
district court of this state, provided the person has served the
minimum term pronounced by the trial court less good time, if
any, granted under rules promulgated pursuant to W.S. 7-13-420.
The board may also grant parole to a person serving a sentence
for an offense committed before the person reached the age of
eighteen (18) years of age as provided in W.S. 6-10-301(c).
(b) A prisoner is not eligible for parole on a sentence
if, while serving that sentence, he has:
(i) Made an assault with a deadly weapon upon any
officer, employee or inmate of any institution; or
(ii) Escaped, attempted to escape or assisted others
to escape from any institution.
(c) In granting a parole the board shall fix terms and
conditions it deems proper to govern the conduct of the parolee
while the parole is in effect. The terms and conditions may be
special in each case or they may be prescribed by general rules
and regulations of the board, or both.
(d) No person granted a parole shall be released from an
institution until he has signed an agreement that he will comply
with the terms and conditions under which he has been released
and abide by the laws of the state. In addition, no person shall
be granted a parole until the board makes a reasonable effort to
notify victims who have registered to receive notification
pursuant to W.S. 1-40-204(d) of the hearing and provides a
reasonable opportunity for the victims to provide written
comments to the board relative to the parole.
(e) The board may adopt reasonable rules and regulations
necessary to carry out the functions assigned to the board by
W.S. 7-13-401 through 7-13-424 including rules relating to:
(i) The conduct of proceedings, meetings, hearings
and interviews;
(ii) The general conditions under which parole may be
granted and revoked;
(iii) Parole applications and procedures, including
the selection of hearing panels as provided by W.S. 7-13-401(f);
(iv) Repealed by Laws 1992, ch. 25, § 4.
(v) Procedures to allow victims opportunity to
comment on parole applications; and
(vi) Notification to victims of the pending release
of prisoners.
(f) The promulgation of substantive rules by the board,
the conduct of its hearings and its final decisions are
specifically exempt from all provisions of the Wyoming
Administrative Procedure Act including the provisions for
judicial review under W.S. 16-3-114 and 16-3-115. The board's
rules and regulations shall be filed in the office of the
secretary of state.
(g) Notwithstanding the Wyoming Governmental Claims Act,
the board and its members are immune from any liability, either
as a board or individually, for any actions, inactions or
omissions by the board or any member thereof, pursuant to W.S.
7-13-401 through 7-13-424.
(h) Repealed by Laws 2015, ch. 163, § 2.
(j) The board may order the arrest and return to the
custody of the department of any parolee who has absconded from
supervision, been charged with or convicted of a crime while on
parole or committed an alleged violation of parole for which
probable cause has been established through a hearing, or waiver
thereof, pursuant to W.S. 7-13-408. The written order of the
board shall be sufficient warrant for any peace officer to
return a parolee to custody. All peace officers shall execute
any order of the board issued under this subsection. A parolee
taken into custody under the order of the board is not subject
to release on bail.Notes of Decisions
Cited in 41
cases (3 in the last 5 years), 1979–2026 · leading case: John Michael Sides, Jr. v. The State of Wyoming, 2021 WY 42 (Wyo. 2021).
John Michael Sides, Jr. v. The State of Wyoming, 2021 WY 42 (Wyo. 2021). “[¶12] Wyo. Stat. Ann. § 7-13-402 sets forth the general powers of the Wyoming Board of Parole (BOP).”
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). “§ 7—16—205(a)(i) impliedly repeal Wyo. Stat. Ann. § 7-13-402 (a)? 4. Did the Wyoming Board of Parole violate the doctrine of separation of powers by enacting policies governing the commutation application procedure? 5.”
State v. Mares, 335 P.3d 487 (Wyo. 2014). “§ 6-10-301, which defines the terms under which parole may be granted to an offender serving a life sentence, and Wyo. Stat. Ann. § 7-13-402 (a), which speaks to the Board of Parole's authority.”
Sorenson v. State, 604 P.2d 1031 (Wyo. 1979). “Such parole is defined by the legislature as permission “to leave the confines of the institution in which he is confined * * * under sentence ordered by any district court of this state * * * Section 7-13-402, W.S.1977. The legislature further provided that: “ * * * In granting…”
Dharminder Vir Sen v. The State of Wyoming, 2013 WY 47 (Wyo. 2013). “§ 6-10-301 (c), and Wyo. Stat. Ann. § 7-13-402 (a), which allow for the possibility of parole only upon commutation of a sentence of "life according to law," conflict with Supreme Court precedent because they exclude any meaningful possibility of parole for juveniles convicted…”
Pisano v. Shillinger, 835 P.2d 1136 (Wyo. 1992). “The district court dismissed Appellant's petition, holding that Wyo.Stat. § 7-13-402(f) (Supp.1991) expressed the legislature's intent to preclude judicial review of the Board's hearings.”
Sam v. State, 401 P.3d 834 (Wyo. 2017). “18, § 1, which states that “[t]he board may also grant parole to a person serving a sentence for an offense committed before the person reached the age of eighteen (18) years of' age as provided in W.”
Gordon v. State, 413 P.3d 1093 (Wyo. 2018). “[¶16] Additionally, the issue in Pisano was whether, in enacting Wyo. Stat. Ann. § 7-13-402 (f), the legislature intended to prohibit judicial review under the Wyoming Administrative Procedure Act (WAPA) of parole board decisions.”
Olsen v. State, 67 P.3d 536 (Wyo. 2003). “Wyo. Stat. Ann. § 7-13-402 (a) (Michie 1995) (emphasis added).”
Kenneth Dale Nicodemus, 2014 WY 135 (Wyo. 2014). “An *675 inmate serving such a sentence could not be paroled under Wyo. Stat. Ann. § 7-13-402 (a) (Michie 1995), which provided that the state board of parole was empowered to "grant a parole to any person imprisoned .”
Duffy v. State, 730 P.2d 754 (Wyo. 1986). “Under the version of § 7-13-402(a), W.S. 1977, then in effect, Daniel would not have been eligible for parole for 19 years.”
Simmons v. South Carolina, 512 U.S. 154 (1994). “Codified Laws § 24-15-4 (1988), and Wyoming, see Wyo. Stat. § 7-13-402(a) (Supp. 1993). [4] The 10 States identified by the parties and their amici are Colorado, see Colo.”
— Wyo. Stat. § 7-13-402(a) — 9 cases
Duffy v. State, 730 P.2d 754 (Wyo. 1986). “Under the version of § 7-13-402(a), W.S. 1977, then in effect, Daniel would not have been eligible for parole for 19 years.”
Simmons v. South Carolina, 512 U.S. 154 (1994). “Codified Laws § 24-15-4 (1988), and Wyoming, see Wyo. Stat. § 7-13-402(a) (Supp. 1993). [4] The 10 States identified by the parties and their amici are Colorado, see Colo.”
Duffy v. State, 789 P.2d 821 (Wyo. 1990).
Olsen v. State, 67 P.3d 536 (Wyo. 2003). “Wyo. Stat. Ann. § 7-13-402 (a) (Michie 1995) (emphasis added).”
Sorenson v. State, 604 P.2d 1031 (Wyo. 1979). “Such parole is defined by the legislature as permission “to leave the confines of the institution in which he is confined * * * under sentence ordered by any district court of this state * * * Section 7-13-402, W.S.1977. The legislature further provided that: “ * * * In granting…”
— Wyo. Stat. § 7-13-402(b) — 7 cases
John Michael Sides, Jr. v. The State of Wyoming, 2021 WY 42 (Wyo. 2021). “[¶12] Wyo. Stat. Ann. § 7-13-402 sets forth the general powers of the Wyoming Board of Parole (BOP).”
Dharminder Vir Sen v. State, 2017 WY 30 (Wyo. 2017).
Wyatt L. Bear Cloud, 2014 WY 113 (Wyo. 2014).
Dharminder Vir Sen v. The State of Wyoming, 2013 WY 47 (Wyo. 2013). “§ 6-10-301 (c), and Wyo. Stat. Ann. § 7-13-402 (a), which allow for the possibility of parole only upon commutation of a sentence of "life according to law," conflict with Supreme Court precedent because they exclude any meaningful possibility of parole for juveniles convicted…”
Kenneth Dale Nicodemus v. State, 2017 WY 34 (Wyo. 2017).
— Wyo. Stat. § 7-13-402(c) — 2 cases
Dorman v. State, 665 P.2d 511 (Wyo. 1983).
Pena v. State, 792 P.2d 1352 (Wyo. 1990).
— Wyo. Stat. § 7-13-402(e) — 1 case
Pena v. State, 792 P.2d 1352 (Wyo. 1990).
— Wyo. Stat. § 7-13-402(f) — 3 cases
Pisano v. Shillinger, 835 P.2d 1136 (Wyo. 1992). “The district court dismissed Appellant's petition, holding that Wyo.Stat. § 7-13-402(f) (Supp.1991) expressed the legislature's intent to preclude judicial review of the Board's hearings.”
Gordon v. State, 413 P.3d 1093 (Wyo. 2018). “[¶16] Additionally, the issue in Pisano was whether, in enacting Wyo. Stat. Ann. § 7-13-402 (f), the legislature intended to prohibit judicial review under the Wyoming Administrative Procedure Act (WAPA) of parole board decisions.”
Hamill v. Ferguson, 937 F. Supp. 1517 (D. Wyo. 1996).
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