Wyoming Statutes

Wyo. Stat. § 7-9-104 (2026)

Preparation of plan; contents.

✓ current as of May 2026

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(a) In any case in which the court has ordered restitution
under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court
orders suspended imposition of sentence, suspended sentence or
probation, the court shall require that the defendant in
cooperation with the probation and parole officer assigned to
the defendant, or in the case of unsupervised probation any
probation and parole officer or any other person the court
directs, promptly prepare a plan of restitution including the
name and address of each victim, the amount of restitution
determined to be owed to each victim pursuant to W.S. 7-9-103 or
7-9-114 and a schedule of restitution payments. If the defendant
is presently unable to make any restitution but there is a
reasonable possibility that the defendant may be able to do so
at some time during his probation period, the plan of
restitution shall also state the conditions under which or the
event after which the defendant shall make restitution. In
structuring a plan for reimbursement under this section, victim
restitution shall be paid in the following order:
          (i) Pecuniary damages suffered by the victim which
have not been paid by insurance or from the crime victim's
compensation account;

          (ii) Payment of other amounts owed by the defendant
arising from the case.

Notes of Decisions

Cited in 6 cases, 1991–2018 · leading case: Smith v. State, 286 P.3d 429 (Wyo. 2012).

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Smith v. State, 286 P.3d 429 (Wyo. 2012). · cites it 10× “The State argues that Wyo. Stat. Ann. § 7-9-104 (LexisNexis 2011) gives the district court the authority to establish a payment plan regarding restitution.”

Anderson v. State, 408 P.3d 1148 (Wyo. 2018). · cites it 5× “Wyo. Stat. Ann. § 7-9-104 (a) (LexisNexis 2017).”

Seaton v. State, 811 P.2d 276 (Wyo. 1991). · cites it 4× “The statutory system requires the preparation of a plan through W.S. 7-9-104 and whatever may have occurred by this date is not included in this record.”

Debora McEwan v. The State of Wyoming, 2013 WY 158 (Wyo. 2013). “§ 7-9-104(a) (LexisNexis 2018). If a defendant is sent to prison and performs work, the Department of Corrections is required to place the first $1,000 of her pay in her personal savings account at the institution where she is held.”

Badura v. State, 832 P.2d 1390 (Wyo. 1992). · cites it 2× “5 Badura correctly points out that Wyo.Stat. § 7-9-104 requires the trial *1392 court to have the probation officer and the defendant prepare a restitution plan.”

Hart v. State, 37 P.3d 1286 (Wyo. 2002). · cites it 3× “Wyo. Stat. Ann. § 7-9-104 provides in relevant part: "In any case in which the court has ordered restitution .”

— Wyo. Stat. § 7-9-104(a) — 2 cases

Anderson v. State, 408 P.3d 1148 (Wyo. 2018). “Wyo. Stat. Ann. § 7-9-104 (a) (LexisNexis 2017).”

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