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Rule 46.1 – Pretrial release [Effective July 1, 2019]

May 14, 2021 | Criminal Procedure, Wyoming

(a) Applicability of rule. –

All persons shall be bailable by sufficient sureties, except for capital cases when the proof is evident or the presumption great. Excessive bail shall not be required. When a person charged with the commission of a crime is brought before a court or has made a written application to be admitted to bail, a judicial officer shall order that such person be released or detained pending judicial proceedings, under this rule.

(1) Request for Release. – Within four hours after a person is confined to jail, the custodial officer shall advise the person of the right to file a written request with the court to be granted pretrial release. The custodial officer shall provide the necessary writing materials.

(A) A form of request for pretrial release may be required by a judicial officer to assist in setting bail and bond conditions based on the factors set forth in 46.1(d). The request may be hand-written.
(B) The custodial officer shall endorse the date and time upon any written request for pretrial release and deliver it to the court:

(i) Immediately, if made during the court’s regular hours; and
(ii) Without unnecessary delay, but in no event more than 72.
(C) Except as provided for in (a)(2) below, all persons in custody who have made a request for pretrial release shall have the request considered by a judicial officer, with or without a hearing, without unnecessary delay, but in no more than 72 hours. If the decision upon the request was made without a hearing and does not result in the person’s release from custody, the judicial officer shall hold a hearing to reconsider the release decision. The confined person or the confined person’s attorney shall have an opportunity to participate in the hearing without unnecessary delay, but in no more than 72 hours.
(D) If a request for pretrial release is presented to the court before criminal charges have been filed, it shall be docketed as a criminal case and if criminal charges are later filed they shall be filed in the same case.
(E) Rule 46.1(a)(1) does not apply to persons in custody upon a petition to revoke probation.
(2) Appearance Before Court. – Upon a person’s first appearance before the court, and upon motion of either party, the Court may, for good cause shown, dalay grantint of bond for a period of time mot to exceed 24 hours. In any event, the judicial officer shall order that, pending trial or the filing of charges, the person be:

(A) Released on personal recognizance or upon execution of an unsecured appearance bond, under subdivision (b); and
(B) Released on a condition or combination of conditions under subdivision (c).
(b) Release on personal recognizance or unsecured appearance bond. –

The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.

(c) Release on conditions. –

(1) If the judicial officer determines that the release described in subdivision (b) will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person:

(A) Subject to the condition that the person not commit a federal, state, or local crime during the period of release; and
(B) Subject to the least restrictive further condition, or combination of conditions, which will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person:

(i) Remain in the custody of a designated person who agrees to assume supervision and to report any violation of a release condition to the court if the designated person is able reasonably to assure the judicial officer that the person will appear as required, and will not pose a danger to the safety of any other person or the community;
(ii) Maintain employment, or if unemployed, actively seek employment;
(iii) Maintain or commence an educational program;
(iv) Abide by specified restrictions on personal associations, place of abode, or travel;
(v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense;
(vi) Report on a regular basis to a designated law enforcement agency, or other agency;
(vii) Comply with a specified curfew;
(viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon;
(ix) Refrain from the use of alcohol, or controlled substances, as defined in W.S. 35-7-1002, et seq. , without a prescription by a licensed medical practitioner;
(x) Undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
(xi) Execute an agreement to forfeit upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the judicial officer may specify;
(xii) Execute a bail bond with solvent sureties in such amount as is reasonably necessary to assure the appearance of the person as required;
(xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes;
(xiv) Execute a waiver of extradition; and
(xv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
(2) The judicial officer may at any time amend the order to impose additional or different conditions of release.
(d) Factors considered. –

The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning:

(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
(2) The weight of the evidence against the person;
(3) The history and characteristics of the person including:

(A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.
(e) Contents of release order. –

In a release order issued under subdivision (b) or (c), the judicial officer shall:

(1) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct; and
(2) Advise the person of the consequences of violating a condition of release, including the immediate issuance of a warrant for the person’s arrest.
(f) Presumption of innocence. –

Nothing in this rule shall be construed as modifying or limiting the presumption of innocence.

Wyo. R. Prac. & P. 46.1

amended October 30, 1992, effective Janaury 19, 1993; amended July 22, 1993, effective October 19, 1993; amended July 24, 2001, effective November 1, 2001; amended April 2, 2019, effective July 1, 2019.