001-0 Wyo. Code R. §§ 0-5 - Removal and Withholding of Good Time and Special Good Time

(a) Any good time allowance which has already been awarded may be removed by the WDOC or the Board from an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior, except that good time and special good time may not be removed from the minimum sentence after it has been served. Additionally, the WDOC or the Board may prohibit the earning of future good time by an inmate on the above grounds. The WDOC's or the Board's decision is final and not subject to appeal. Good time awarded for time served while in county jail shall be treated identically to good time earned or awarded while in a WDOC facility and shall be subject to future removal.

(b) Future earnings of good time may be withheld at the discretion of WDOC, after the inmate has been afforded an evidentiary hearing. The decision by the Warden to withhold good time shall be final and not subject to appeal.

(c) The procedure to be used by the WDOC for the removal of good time which has been awarded shall include a recommendation made by the Warden, after the inmate has been afforded the opportunity for an evidentiary hearing and the grounds have been established. The inmate shall be notified in writing of the recommendation and advised that he or she may submit written objections to the recommendation within ten (10) days of the date the notification is written. Such objections shall be directed to the Director. The Director will review the recommendation for removal of good time and objection, if any, together with the written summary and determination from the institutional file of the inmate, and may, in his/her discretion, receive evidence from the inmate and others. Based on this information, the Director shall determine whether to remove good time allowances already awarded and the extent thereof, and the inmate shall be notified in writing of such determination, which shall be final and not subject to appeal.

(d) The Board may, of its own accord and without the recommendation of the WDOC, determine whether to remove good time and/or special good time already granted, and/or to prohibit the earning of future good time and/or special good time allowances of an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior. The inmate shall be notified in writing, telephonically or in person of the Board's intent. If notice is given in person or telephonically, the Board shall offer the inmate an opportunity to voice his/her objection(s), if any, or may table its decision to allow the inmate to submit his/her objections in writing. If written notice is given, the inmate will be given the opportunity to submit objections in writing. Written objection(s) shall be submitted to the Board within ten (10) days of notice. If the grounds for removal of good time and/or special good time already awarded and/or withholding of future earnings have not previously been determined through an evidentiary hearing, the Board shall afford the inmate an evidentiary hearing before the Board members or a hearing officer prior to the Board's final decision. The Board's determination shall be final and is not subject to appeal.

(e) The WDOC's procedure to withhold good time awarded for the credit for time served in the county jail, in accordance to the Judgement and Sentence, shall include a review of the records and other communications received from the respective county jail where the inmate was housed. The records shall include documentation of any evidentiary hearing that took place, provided that the WDOC shall consider all records and communications provided, regardless of whether an evidentiary hearing occurred or any infirmities in the evidentiary hearing process which may exist. The Warden at the respective intake facility shall determine if good time shall be awarded based off of the records and communications received. The Warden's decision to award or withhold this good time shall not be subject to appeal. The Board, in its discretion, may remove such good time. If the county jail fails to provide such records or communications to the requesting facility, the facility will award good time. WDOC shall ensure it has done their due diligence in obtaining records.

(f) Inmates whose behavior warranted the removal and withholding of all good time by the Board of Parole prior to July 1, 2020, shall not receive an initial award of good time for time served in the county jail.

Notes

001-0 Wyo. Code R. §§ 0-5

Amended, Eff. 7/1/2020.