Wyoming Statutes

Wyo. Stat. § 7-13-408 (2026)

Probation, parole and conditional release

✓ current as of May 2026

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administrative jail or adult community correction program
sanction and revocation hearing procedures.

     (a) The probation and parole agent shall notify the
department and the board or the appropriate court if it is
determined consideration should be given to retaking or
reincarcerating a person under the supervision of the department
who has violated a condition of his probation, parole or other
conditional release and is subject to revocation of supervision.
Prior to notification, a hearing shall be held in accordance
with this section within a reasonable time, unless a hearing is
waived by the probationer, parolee or conditional releasee. In
the case of a parolee for whom the violation is based on a new
felony conviction, a preliminary hearing is not required under
this section. In the case of a probationer, the hearing is only
required when the probationer has been reincarcerated and a
legal warrant has not been obtained within ten (10) days. As
soon as practicable, following termination of any hearing, the
appropriate officer or agent shall report to the department and
the court or board, furnish a copy of the hearing record, report
on the prior use of incentives and sanctions under W.S. 7-13-
1801 through 7-13-1803 for the probationer, parolee or
conditional releasee and make recommendations regarding the
disposition to be made of the probationer, parolee or
conditional releasee. Compliance violations not leading to
retaking or reincarceration shall be sanctioned under W.S. 7-13-
1801 and 7-13-1802. Pending any proceeding pursuant to this
section, the appropriate agent may take custody of and detain
the probationer, parolee or conditional releasee involved for a
reasonable period of time prior to the hearing. If it appears to
the hearing officer or agent that retaking or reincarceration is
likely to follow, the agent may take custody of and detain the
probationer, parolee or conditional releasee for a reasonable
period after the hearing or waiver as may be necessary to
arrange for the retaking or reincarceration.
     (b) Any hearing pursuant to this section or W.S. 7-13-1803
may be before the field services administrator, his designated
hearing officer or any other person authorized pursuant to the
laws of this state to hear cases of alleged probation, parole or
conditional release violations, except that no hearing officer
shall be the person making the allegation of violation. In
cases of alleged parole violations by persons who were paroled
by the board, hearings pursuant to this section shall be before
the executive director of the board or his designated hearing
officer.

     (c) With respect to any hearing pursuant to this section,
the probationer, parolee or conditional releasee:

          (i) Shall have reasonable notice in writing of the
nature and content of the allegations to be made including
notice that the purpose of the hearing is to determine whether
there is probable cause to believe that he has committed a
violation that may lead to a revocation of probation, parole or
conditional release;

          (ii) Shall be permitted to consult with any persons
whose assistance he reasonably desires, prior to the hearing;

          (iii) Shall have the right to confront and examine
any person who has made allegations against him, unless the
hearing officer determines that the confrontation would present
a substantial present or subsequent danger of harm to the
person;

          (iv) May admit, deny or explain the violation alleged
and may present proof, including affidavits and other evidence,
in support of his contentions.

     (d) A record of the proceedings under this section shall
be made and preserved either by stenographic means or through
the use of a recording machine.

     (e)   Repealed by Laws 2019, ch. 116, § 3.

Notes of Decisions

Cited in 12 cases, 1985–2000 · leading case: Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992).

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Wlodarczyk v. State, 836 P.2d 279 (Wyo. 1992). · cites it 62× “1977, [now Wyo.Stat. § 7-13-408] allows for * * * the administrative [state probation and parole] officer * * * to file a petition with the district court, requesting probation revocation.”

Cooney v. White, 845 P.2d 353 (Wyo. 1992). · cites it 10× “The prosecutor's involvement in advising the probation officer how best to proceed with the information at hand involved voluntary, non-judicially and non-statutorily imposed conduct.”

Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). · cites it 4× “(d) A record of the proceedings shall be made and preserved either by stenographic *1308 means or through the use of a recording machine.”

Pisano v. Shillinger, 814 P.2d 274 (Wyo. 1991). · cites it 10× “] W.S. 7-13-408 states: (a) The state probation and parole officer shall notify the board or the appropriate court or institution if it is determined consideration should be given to retaking or reincarcerating a person under the supervision of the department who has violated a…”

Pisano v. Shillinger, 835 P.2d 1136 (Wyo. 1992). · cites it 4× “[2] "Agency" means any authority, bureau, board, commission, department, division, officer or employee of the state, a county, city or town or other political subdivision of the state, except the governing body of a city or town, the state legislature and the judiciary[.”

Swackhammer v. State, 808 P.2d 219 (Wyo. 1991). · cites it 4× “” The Morrissey/Gagnon protections are codified in § 7-13-408, W.S.1977 (June 1987 Repl.), as applied to administrative revocation proceedings.”

Pearl v. State, 996 P.2d 688 (Wyo. 2000). · cites it 4× “See Wyo. Stat. Ann. § 7-13-408 (Lexis 1999). However, there is no indication that this administrative procedure has ever been utilized.”

Hurst v. State, 698 P.2d 1130 (Wyo. 1985). “” *1134 Parole officers are granted authority to make arrests in the execution of their duties pursuant to § 7-13-408, W.S.1977. They are not given other authority traditionally associated with peace officers.”

Shaw v. State, 998 P.2d 965 (Wyo. 2000). · cites it 3× “Wyo. Stat. Ann. § 7-13-408 (c)(i) (Lexis 1999) provides: (c) With respect to any hearing pursuant to this section, the probationer, parolee or conditional releasee: (i) Shall have reasonable notice in writing of the nature and content of the allegations to be made including…”

Chapman v. State, 728 P.2d 631 (Wyo. 1986). “Appellant points out that § 7-13-408, W.S. 1977, requires that a probationer receive a written statement of the conditions of the probation as well as instructions regarding the same.”

Schmidt v. State, 738 P.2d 1105 (Wyo. 1987). “of Wyoming 1987, these subsections now renumbered read: § 7-13-408(c)(i): "(c) With respect to any hearing pursuant to this section, the probationer, parolee or conditional releasee: "(i) Shall have reasonable notice in writing of the nature and content of the allegations to be…”

Hewitt v. State, 835 P.2d 348 (Wyo. 1992). · cites it 2× “Application of the statutory provisions of Wyo.Stat. § 7-13-408 (1987) is not directly presented.”

— Wyo. Stat. § 7-13-408(a) — 3 cases

Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). “(d) A record of the proceedings shall be made and preserved either by stenographic *1308 means or through the use of a recording machine.”

Cooney v. White, 845 P.2d 353 (Wyo. 1992). “The prosecutor's involvement in advising the probation officer how best to proceed with the information at hand involved voluntary, non-judicially and non-statutorily imposed conduct.”

Pisano v. Shillinger, 814 P.2d 274 (Wyo. 1991). “] W.S. 7-13-408 states: (a) The state probation and parole officer shall notify the board or the appropriate court or institution if it is determined consideration should be given to retaking or reincarcerating a person under the supervision of the department who has violated a…”

— Wyo. Stat. § 7-13-408(c)(i) — 3 cases

Shaw v. State, 998 P.2d 965 (Wyo. 2000). “Wyo. Stat. Ann. § 7-13-408 (c)(i) (Lexis 1999) provides: (c) With respect to any hearing pursuant to this section, the probationer, parolee or conditional releasee: (i) Shall have reasonable notice in writing of the nature and content of the allegations to be made including…”

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