Wyoming Statutes

Wyo. Stat. § 9-2-2704 (2026)

Secure substance abuse treatment.

✓ current as of May 2026
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(a) The department of corrections is authorized to
contract with an entity for the provision of secure substance
abuse treatment in Wyoming for persons in the custody of the
department of corrections subject to the following:

          (i) The entity providing the treatment and the
facility where it is provided shall be selected in a competitive
process following a request for proposals issued by the
department of corrections. The proposal selected shall best
serve the interests of the state of Wyoming and shall be
evaluated by the department of corrections and the department of
health on the basis of:

               (A) Cost determined by the per diem cost to the
state for inmates treated plus other costs incurred by the
state;

               (B) The quality and appropriateness of the
treatment proposed to be provided including the extent to which
an effective therapeutic community will be formed within the
facility;

               (C) The relevant experience of the entity
providing the treatment;
               (D)   The security of the facility;

               (E) The location of the proposed facility and
the compliance of the location with local zoning and land use
planning;

               (F) The speed with which the proposed facility
can be made available for use;

               (G) Arrangements for transporting prisoners to
and from the facility; and

               (H) Any other factors the department of
corrections deems relevant as determined by rules adopted by the
department of corrections.

          (ii) The contract shall be for a period specified in
the contract which shall not exceed ten (10) years;

          (iii) The contract shall state that the department of
corrections may terminate the contract due to:

               (A)   Unsatisfactory performance by the entity;

               (B)   For breach of contract; or

               (C) Failure of the department of corrections to
receive an adequate appropriation.

          (iv) After an initial period specified in the
contract the entity may terminate the contract for failure to
receive an adequate reimbursement for the services provided. The
contract shall contain a mechanism for negotiating an increase
in reimbursement due to inflation in costs or changes in
programming, but the increase shall be subject to the
availability of appropriations;

          (v) The contract shall provide that the entity has
the right to return to the department of corrections at an
institution identified by the department any inmate who:

               (A)   Poses an undue danger to other inmates or
the staff;

               (B)   Fails to obey the rules of the program; or
               (C) Is unwilling or unable to participate in the
treatment program or does not make a good faith effort to
progress in the treatment program.

     (b) The initial facility shall be for one hundred (100)
beds to be contracted by the state of Wyoming. The facility
may, with the consent of the department of corrections, have
other beds for inmates from other governmental jurisdictions.

     (c) The department of corrections may subsequently make a
long term contract for additional treatment beds at the initial
or additional facilities provided the additional treatment beds
are specifically authorized in an enacted general appropriations
bill. The department of corrections may enter into contracts of
less than two (2) years for additional beds within a facility.

     (d) Unless delayed for good cause, the department of
corrections shall issue the request for proposal authorized by
subsection (a) of this section within ninety (90) days of the
effective date of this act and shall seek to have a facility in
place in operation during the fiscal year commencing July 1,
2003.

     (e) The department of corrections may assign any inmate in
its custody to a secure treatment facility up to the capacity
provided by the contract. Assignment to the facility is at the
discretion of the department of corrections and is not the right
of any inmate.

     (f) The provisions of W.S 7-22-101 through 7-22-115 do not
apply to a secure substance abuse treatment facility created
under this section except that the following provisions shall
apply:

          (i) W.S. 7-22-105 to the extent that American
correctional association standards are appropriate for the
secure substance abuse facility;

          (ii)    W.S. 7-22-106;

          (iii)    W.S. 7-22-107;

          (iv)    W.S. 7-22-109;

          (v)    W.S. 7-22-110;

          (vi)    W.S. 7-22-112(a)(iv) through (ix).