Wyoming Statutes

Wyo. Stat. § 7-9-106 (2026)

Factors considered by probation and parole

✓ current as of May 2026

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officer, and by court.

     (a) The probation and parole officer or other person
directed by the court when assisting the defendant in preparing
the plan of restitution, and the court before approving or
modifying the plan of restitution, shall consider:

          (i)   The number of victims;

          (ii) The pecuniary damages of each victim including,
for those cases within the provisions of W.S. 7-9-113 through
7-9-115, the long-term physical health care cost of the victim;

          (iii)    The defendant's:

                  (A)   Physical and mental health and condition;

                  (B)   Age;

                  (C)   Education;

                  (D)   Employment circumstances;
                   (E)   Potential for employment and vocational
training;

                   (F)   Family circumstances; and

               (G) Financial condition and whether the
defendant has an ability to pay or whether a reasonable
probability exists that the defendant will have an ability to
pay.

          (iv) Whether compensation has been paid to any victim
under the Crime Victims Compensation Act;

          (v) What plan of restitution will most effectively
aid the rehabilitation of the defendant; and

            (vi)    Other appropriate factors.

Notes of Decisions

Cited in 7 cases, 1993–2018 · leading case: Jones v. State, 2002 WY 35 (Wyo. 2002).

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Jones v. State, 2002 WY 35 (Wyo. 2002). · cites it 8× “[¶ 28] Factors courts consider when deciding upon a plan for restitution are found in Wyo. Stat. Ann. § 7-9-106 . One of the factors to be considered is "[w]hether compensation has been paid to any victim under the Crime Victims Compensation Act [§§ 1-40-101 through 1-40-119][.”

Hodgins v. State, 962 P.2d 153 (Wyo. 1998). · cites it 6× “Wyo. Stat. § 7-9-106 (1997). § 7-9-113. Restitution for long-term care In addition to any other punishment prescribed by law and any restitution ordered pursuant to W.”

Pinker v. State, 2008 WY 86 (Wyo. 2008). · cites it 4× “[¶12] In this regard it is also relevant to consider the provisions of Wyo. Stat. Ann. § 7-9-106 (LexisNexis 2007): § 7-9-106.”

Anderson v. State, 408 P.3d 1148 (Wyo. 2018). · cites it 2× “The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in W.S. 7-9-106. The court may…”

Hart v. State, 37 P.3d 1286 (Wyo. 2002). · cites it 6× “§ 7-9-106 (a) (LexisNexis 2001) and include the defendant's physical and mental health and condition, age, education, employment cireumstances, potential for employment and vocational training, financial condition and whether the defendant has an ability to pay or whether a…”

Brenning v. State, 870 P.2d 349 (Wyo. 1994). “7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106. (c) If the parolee fails to pay the restitution as…”

Helmlinger v. State, 855 P.2d 363 (Wyo. 1993). “7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106. This statute specifically contemplates that the…”

— Wyo. Stat. § 7-9-106(a) — 1 case

Anderson v. State, 408 P.3d 1148 (Wyo. 2018). “The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in W.S. 7-9-106. The court may…”

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