SF0061 - Criminal records-confidentiality.
|
2001 |
State of Wyoming |
01LSO-0099.E1 ENGROSSED |
SENATE FILE NO. SF0061
Criminal records-confidentiality.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
1 AN ACT relating to the
Wyoming Criminal History Record Act;
2
defining criminal history record information subject to the
3
act; authorizing the release of specified inmate
4
information by the department of corrections; providing for
5
the filing of clemency documents with the secretary of
6
state; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 7-19-103(a)(ii) and 7-19-106
by
11 creating new subsections (m) and (n)
and 9-1-302(a) by
12 creating a new paragraph (iv) are
amended to read:
13
14 7-19-103. Definitions.
15
16 (a) As used in this act:
17
Page 1
1 (ii) "Criminal
history record information" means
2
information, records and data compiled by criminal justice
3
agencies on individuals for the purpose of identifying
4
criminal offenders consisting of identifiable descriptions
5
of the offenders and notations or a summary of arrests,
6
detentions, indictments, information, pre-trial
7
proceedings, nature and disposition of criminal charges,
8
sentencing, rehabilitation, incarceration, correctional
9
supervision and release. Criminal history record
10 information is limited to
information recorded as the
11 result of the initiation of criminal
proceedings. It does
12 not include intelligence data,
analytical prosecutorial
13 files, investigative reports and
files or statistical
14 records and reports in which
individual identities are not
15 ascertainable, or any document
signed by the governor
16 granting a
pardon, commutation of sentence, reprieve,
17 remission of fine or forfeiture, or a restoration of civil
18 rights;
19
20 7-19-106. Access to, and dissemination
of,
21 information.
22
23 (m) Notwithstanding any other provision of this act,
24 the
Wyoming department of corrections may release the
Page 2
1 following information regarding any individual who is or
2 has been committed to the supervision
or custody of the
3 department:
4
5 (i) Name and other identifying information;
6
7 (ii) Photograph and physical description;
8
9 (iii) Any conviction for
which the individual
10 was
committed to the supervision or custody of the
11 department;
12
13 (iv) Sentencing information regarding any
14 conviction
for which the individual was committed to the
15 supervision or custody of the department;
16
17 (v) Projected parole eligibility, release and
18 discharge
dates;
19
20 (vi) Current location of the individual's
21 supervision
or custody; and
22
23 (vii) Date of release from the department's
24 supervision
or custody.
Page 3
1
2 (n) Unless otherwise
specifically prohibited by court
3 order, or if disclosure may be
withheld under other
4 pertinent law, the Wyoming department
of corrections may,
5 ten (10) years after the date of death
of the record
6 subject, release to the public any
record created and
7 maintained by the department relating
to an individual
8 committed to the supervision or
custody of the department,
9 except:
10
11 (i) Records regarding the victim of the crime;
12
13 (ii) Medical, psychological and dental records
14 of
the inmate while incarcerated;
15
16 (iii) Records relating to the security of any
17 facility
in which the inmate was housed during his
18 incarceration; and
19
20 (iv) Records relating to out of state placement
21 of
the inmate.
22
Page 4
1 9-1-302. Powers and duties; custodian of public
2 records;
preservation of proclamations of governor; removal
3
of public documents prohibited;
exceptions.
4
5 (a) The secretary of state is
the custodian of, and
6
shall preserve:
7
8 (iv) Copies of all
clemency documents signed by
9 the governor, including pardons,
commutations of sentence,
10 reprieves, remissions of fine or forfeiture, and
11 restorations of civil rights.
12
13 Section 2. This act is effective July 1, 2001.
14
15 (END)
Page 5