ORIGINAL SENATE ENGROSSED

FILE NO. 0061

ENROLLED ACT NO. 16, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to the Wyoming Criminal History Record Act;
defining criminal history record information subject to the
act; authorizing the release of specified inmate
information by the department of corrections; providing for
the filing of clemency documents with the secretary of
state; and providing for an effective date.

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

Section 1.  W.S. 7-19-103(a)(ii) and 7-19-106 by
creating new subsections (m) and (n) and 9-1-302(a) by
creating a new paragraph (iv) are amended to read:

7-19-103. Definitions.

(a) As used in this act:

(ii) "Criminal history record information" means
information, records and data compiled by criminal justice
agencies on individuals for the purpose of identifying
criminal offenders consisting of identifiable descriptions
of the offenders and notations or a summary of arrests,
detentions, indictments, information, pre-trial
proceedings, nature and disposition of criminal charges,
sentencing, rehabilitation, incarceration, correctional
supervision and release. Criminal history record
information is limited to information recorded as the
result of the initiation of criminal proceedings. It does
not include intelligence data, analytical prosecutorial
files, investigative reports and files or statistical
records and reports in which individual identities are not
ascertainable, or any document signed by the governor
granting a pardon, commutation of sentence, reprieve,
remission of fine or forfeiture, or a restoration of civil
rights;

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7-19-106. Access to, and dissemination of,
information.

(m) Notwithstanding any other provision of this act,
the Wyoming department of corrections may release the
following information regarding any individual who is or
has been committed to the supervision or custody of the
department, unless release of the information could
compromise the physical safety of the individual:

(i) Name and other identifying information;

(ii) Photograph and physical description;

(iii) Any conviction for which the individual
was committed to the supervision or custody of the
department;

(iv) Sentencing information regarding any
conviction for which the individual was committed to the
supervision or custody of the department;

(v) Projected parole eligibility, release and
discharge dates;

(vi) Current location of the individual's
supervision or custody; and

(vii) Date of release from the department's
supervision or custody.

(n) Unless otherwise specifically prohibited by court
order, or if disclosure may be withheld under other
pertinent law, the Wyoming department of corrections may,
ten (10) years after the date of death of the record

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subject, release to the public any record created and
maintained by the department relating to an individual
committed to the supervision or custody of the department,
except:

(i) Records regarding the victim of the crime;

(ii) Medical, psychological and dental records
of the inmate;

(iii) Records relating to the security of any
facility in which the inmate was housed during his
incarceration; and

(iv) Records relating to out of state placement
of the inmate.

9-1-302. Powers and duties; custodian of public
records; preservation of proclamations of governor; removal
of public documents prohibited; exceptions.

(a) The secretary of state is the custodian of, and
shall preserve:

(iv) Copies of all clemency documents signed by
the governor, including pardons, commutations of sentence,
reprieves, remissions of fine or forfeiture, and
restorations of civil rights.

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Section 2. This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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