Wyo. Code R. 049-0004-2
Boys' School
Chapter 2: General Commitment
Effective Date: 07/19/1990 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0004.2.07191990
(a) Persons committed to the boys' school may include:
(i) Juveniles adjudicated delinquent pursuant to W.S. 14-6-229(d);
(ii) Juveniles tried and convicted as adults and initially sentenced to the boys' school pursuant to W.S. 7-13-101(a); or
(iii) Juveniles tried and convicted as adults, initially sentenced to the state penitentiary and later transferred to the boys' school pursuant to W.S. 7-13102.
Section 2. Reformatory Discipline. The superintendent shall ensure that a reformatory discipline and environment is maintained at all times and is consistent with statutory provisions in W.S. 25-3-103, 25-3-104(b) and 25-3-105.
(a) When transferring a juvenile originally committed to the boys' school pursuant to W.S. 14-6-229(d) or 7-13-101(a), the preferred method of transfer to another institution is to obtain a judicial order, unless the original court order has specified a transfer may be made without returning to the court.
(b) When transferring a resident from the state penitentiary to the boys' school pursuant to W.S. 7-13102 and 25-3-101(b), the preferred method of transfer is to obtain a judicial order unless the original court order has specified a transfer may be made without returning to the court.
(c) The agency and superintendent shall consider the level of security for each state institution when transferring any resident to and from the boys' school. The transfer may be considered if it is consistent with the established purpose and security level of the state institution.
(a) If a juvenile committed to the boys' school pursuant to W.S. 14-6-229(d) is being considered for transfer to a less secure institution, the superintendent may decide to make the transfer without a hearing provided that:
(i) A written notice is served personally or by mail to the juvenile, the Juvenile's parent or guardian and to the court; the notice shall include the reasons for the proposed transfer;
(ii) The transfer is based on reasonable factors as rehabilitative progress, need for services unavailable at the boys' school, and placement closer to home;
(iii) The juvenile is allowed an opportunity to disagree with the proposed ‘Transfer and have representation or other assistance for an informal resolution; and
(iv) The transfer is delayed until any filed grievance is resolved by utilizing appropriate grievance procedures.
(b) The boys’ school shall establish policies and procedures for transferring a Juvenile to a less secure institution.
(a) A juvenile committed to the boys’ school pursuant to W.S. 14-6-229(d) may be considered for transfer to an institution more secure than the boys’ school only if:
(i) The juvenile poses a danger to self or others;
(ii) The juveniles actions demonstrate that he cannot be controlled in the boys’ school due to its lack of security;
(iii) The curtailment of liberty warrants additional protections; or
(iv) The need for more security substantially outweighs any detrimental effect an the Juvenile’s liberty interests.
(b) If the agency and superintendent decide to propose a transfer to a more secure Institution, an administrative hearing may be held If requested by the Juvenile in writing within five (5) days of receipt of the notice.
(c) If an administrative hearing is requested, it shall be conducted according to agency established policies and procedures, and shall Include:
(i) Written notice of the proposed transfer and the planned hearing to the juvenile, parent or guardian, and representative; the notice shall comply with general procedures required in the Wyoming Administrative Procedure Act in W.S. 16-3-107;
(ii) Allowing the juvenile time to prepare favorable evidence and rebut unfavorable evidence;
(iii) Providing the juvenile with appropriate representation or other assistance;
(iv) A record of the decision, including a tape recording of the hearing and written summary;
(v) Sending a copy of the written summary and notice of the decision to the juvenile, parent or guardian, representative and the court; and
(vi) Entitling the juvenile to a right to appeal appeal the decision to the agency and to request judicial review.
(d) The transfer to a more secure institution may take place immediately following the decision.
(e) A Juvenile adjudicated and committed to the boys' school pursuant to W.S. 14-6-229(d) shall not be transferred to the state penitentiary.
(f) If the agency and superintendent decide to propose a transfer to the juvenile treatment program at the state hospital pursuant to W.S. 25-3-104, they shall comply with requirements specified in W.S. 25-10-401 and 25-10-402.
(g) If the agency and superintendent decide to propose a transfer to the state hospital pursuant to W.S. 25-3-104, they shall file a written application with the court to commence involuntary hospitalization proceedings. The application shall comply with requirements specified in W.S. 25-10-110 and applicable regulations.
(h) The boys' school shall establish policies and procedures for transferring a resident to a more secure institution.
(a) If a resident was adjudicated as an adult and initially sentenced to the boys' school pursuant to W-3. 7-13-101(a), the agency may consider transferring the resident to the state penitentiary only if:
(i) The resident poses a danger to self or others;
(ii) The resident's actions demonstrate that he cannot be controlled in the boys' school due to its lack of security;
(iii) The curtailment of liberty warrants additional protections;
(iv) The need for higher security substantially outweighs any detrimental effect on the resident's liberty interests; or
(v) The resident subsequent to his commitment to the boys' school, is shown to have been at the time of his conviction, an adult or to have been previously convicted of a crime.
(b) If the agency and superintendent decide to propose a transfer to the state penitentiary, an administrative hearing may be held if requested by the resident in writing within five (5) days of receipt of the notice.
(c) If an administrative hearing is requested, it shall be conducted according to agency established policies and procedures, and shall include:
(i) Written notice of the proposed transfer and the planned hearing to the resident, and representative; the notice shall comply with general procedures required in the Wyoming Administrative Procedure Act in W.S. 16-3-107;
(ii) Allowing the resident time to prepare favorable evidence and rebut unfavorable evidence;
(iii) Providing the resident with appropriate representation or other assistance;
(iv) A record of the decision, including a tape recording of the hearing and written summary;
(v) Sending a copy of the written summary and notice of the decision to the resident, representative and the court; and
(vi) Entitling the resident to a right to appeal the decision to the agency and to request judicial review.
(d) The transfer to the state penitentiary may take place immediately following the decision.
(e) A resident transferred to the state penitentiary may be subsequently returned to the boy’s school by written requisition from the agency pursuant to W.S. 25-3-104.
(a) In accordance with W.S. 25-3-101(b), a resident who was adjudicated as an adult may be considered for transfer to the boys’ school pursuant to W.S. 7-13-102. A transfer from the state penitentiary to the boys’ school shall be subject to the provisions stated in W.S. 25-3-104(b) and 25-3-105.
(a) A resident may be transferred to another state institution in an emergency when it is in the resident’s best interest, or in the interest of other residents and/or the staff at the boys’ school. An emergency shall exist if the resident:
(i) Evidences a substantial probability of physical-harm to himself as manifested by evidence of recent threats of or attempt at suicide or serious bodily harm;
(ii) Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or
(iii) Evidences behavior manifested by recent acts or omissions that, due to mental Illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness.
(b) The agency shall establish policies and procedures for emergency transfers which shall include:
(i) A factual inquiry and determination of an emergency situation by an impartial reviewing committee;
(ii) A written summary of the decision; and
(iii) A written notice to the resident, parent or guardian, representative and the court of the agency decision, including the reasons for the emergency transfer, and the right to appeal the decision to the agency.
(c) If the agency and superintendent decide to transfer a resident to the state hospital for emergency detention, the agency shall immediately notify the court of the emergency transfer. The agency shall comply with any requirements specified in W.S. 25-10-109 and applicable regulations.