SF0061 - Criminal records-confidentiality.
2001 |
State of Wyoming |
01LSO-0099 |
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
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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 any 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
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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. n) Unless
otherwise specifically
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1 prohibited by court order, the Wyoming department of
2 corrections may, ten (10) years after
the date of death of
3 the record subject, release to the
public any record
4 created and maintained by the
department relating to an
5 individual committed to the
supervision or custody of the
6 department.
7
8 9-1-302. Powers and duties; custodian
of public
9 records; preservation of
proclamations of governor; removal
10 of public documents prohibited; exceptions.
11
12 (a) The
secretary of state is the custodian of, and
13 shall preserve:
14
15 (iv) Copies of all clemency documents signed by
16 the
governor, including pardons, commutations of sentence,
17 reprieves,
remissions of fine or forfeiture, and
18 restorations
of civil rights.
19
20 Section 2. This act is effective July 1, 2001.
21
22 (END)
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