Wyoming Statutes

Wyo. Stat. § 7-18-109 (2026)

Transfer of inmate to facility by department.

✓ current as of May 2026

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(a) Subject to subsection (b) of this section, and upon
recommendation of the warden or superintendent of the
institution, the department may transfer an adult inmate to a
residential adult community correctional facility.

     (b) A transfer of an inmate to a residential adult
community correctional facility under this section may be made
only if:

          (i) The department determines the inmate poses a low
risk of escape or violence;

          (ii) The inmate is eligible under W.S.
7-18-102(a)(iii);

          (iii) The inmate is within at least twenty-four (24)
months of his parole eligibility date and his conduct during his
confinement has been such that he is appropriate for placement;

          (iv) The residential adult community correctional
facility is operated under a contract with a corrections board
and the corrections board has contracted with the department to
provide services which include placement of pre-parole inmates;

          (v)    The inmate has been accepted by the corrections
board;

          (vi)    Funding for the placement is available; and

          (vii) The department determines the correctional
needs of the inmate will be better served by the transfer.

     (c) Prior to the placement of an inmate in any
nongovernmental adult community correctional facility, the
department shall notify or cause to be notified the law
enforcement agencies of affected units of local government
concerning the identity of the inmate to be placed.
     (d) No inmate shall be transferred to a residential adult
community corrections facility under this section unless he
agrees in writing to abide by the regulations of the program
provider and any additional conditions imposed by the
department. Approval of a transfer under this section is not a
discharge of the inmate but shall be construed as an extension
of the limits of confinement of the institution to which the
inmate was committed. The department may revoke the approval of
the transfer of an inmate under this section at any time for
violation by the inmate of any conditions of the placement.
Upon revocation the inmate shall be returned to the physical
custody of the department.

     (e) The probation and parole officers for the judicial
district shall have general supervisory authority over all
inmates in adult community correctional facilities or programs
under this section.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1990–2024 · leading case: Pfeil v. State, 2014 WY 137 (Wyo. 2014).

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Pfeil v. State, 2014 WY 137 (Wyo. 2014). · cites it 4× “[115] The sentencing court relied upon Wyo. Stat. Ann. § 7-18-109 (LexisNex-is 2013) when it included the county jail cost assessment in Mr.”

Six v. State, 2008 WY 42 (Wyo. 2008). · cites it 4× “] Six was transferred to CAC by the Department of Corrections under Wyo. Stat. Ann. § 7-18-109 (LexisNexis 2007): § 7-18-109.”

Wood v. Wood, 964 P.2d 1259 (Wyo. 1998). · cites it 2× “] Wyo. Stat. § 7-18-109 (1997). The district court misinterpreted this statute when it found that, because the father had been at Community Alternatives of Casper for nine months, his release was imminent.”

Counts v. State, 2008 WY 156 (Wyo. 2008). “§ 7-18-109(b)(v) (LexisNexis 2007) (inmate may be transferred to an adult community correctional facility only if the inmate has been accepted by the community corrections board); Wyo.”

Prejean v. State, 794 P.2d 877 (Wyo. 1990). “We hold, however, that, upon being sentenced to the penitentiary for violation of probation, one who has served time as a resident in a community correctional facility, pursuant to § 7-18-108 or § 7-18-109, W.S.1977 (June 1987 Repl.), is entitled to credit for that time served.”

Jenkins v. State, 2002 WY 107 (Wyo. 2002). “7-22-102 or inmates transferred to a community correctional facility pursuant to W.S. 7-18-109. The rules may provide either for good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentience imposed by the sentencing court, or both.”

Turner v. State, 2015 WY 29 (Wyo. 2015). · cites it 2× “Such transfers are authorized by Wyo. Stat. Ann. § 7-18-109 (LexisNexis 2013).”

William R. Durkin, Iii v. The State of Wyoming, 2024 WY 101 (Wyo. 2024). · cites it 2× “der an offender to participate in an ACC as a condition of probation, see § 7-18- 108(a); the DOC may require an offender to participate in an ACC as an administrative 3 sanction for violating probation, see § 7-18-108(f) and § 7-13-1802(b) (LexisNexis 2023) (placement in an ACC…”

— Wyo. Stat. § 7-18-109(a) — 1 case

Pfeil v. State, 2014 WY 137 (Wyo. 2014). “[115] The sentencing court relied upon Wyo. Stat. Ann. § 7-18-109 (LexisNex-is 2013) when it included the county jail cost assessment in Mr.”

— Wyo. Stat. § 7-18-109(b)(v) — 2 cases

William R. Durkin, Iii v. The State of Wyoming, 2024 WY 101 (Wyo. 2024). “der an offender to participate in an ACC as a condition of probation, see § 7-18- 108(a); the DOC may require an offender to participate in an ACC as an administrative 3 sanction for violating probation, see § 7-18-108(f) and § 7-13-1802(b) (LexisNexis 2023) (placement in an ACC…”

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