ORIGINAL HOUSE

BILL NO. 0218

ENROLLED ACT NO. 104, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to criminal procedure; providing for the
issuance of a warrant by the director of the department of
corrections for the apprehension of inmates absent from the
custody of the department; providing procedures; and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 25-1-104 by creating a new subsection
(j) is amended to read:

25-1-104. Creation of department of corrections;
duties; inspections of state institutions; regulation of
prisoner-produced goods.

(j) The director may order returned to the custody of
the department any person under the department's
jurisdiction. The written order of the director shall be
sufficient warrant for any peace officer to return to
actual custody any escaped state prisoner or any state
prisoner released prior to his scheduled release date or
who is about to be released by another jurisdiction prior
to his scheduled release date in Wyoming. It is the duty of
all peace officers to execute the order of the director
issued under this subsection in like manner as ordinary
criminal process. A person taken into custody under the
order of the director is not subject to release on bail.
Consistent with W.S. 7-3-201 through 7-3-227, the director
may apply to the governor to seek the extradition of an
inmate apprehended in another state pursuant to an order of
the director issued under this subsection.

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Section 2. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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