Key Information

Relevant Statutes and Rules

Wyo. Stat. Ann. § 7-11-301 through -303

What proceedings can occur while the defendant is incompetent

"Notwithstanding any provision of this section, counsel for the accused may make any and all legal objections which are susceptible of a fair determination prior to trial without the personal participation of the accused."

Wyo. Stat. Ann. § 7-11-303(j) (West)

Number of examiners required

1

Wyo. Stat. Ann. § 7-11-303(b) (West)

Qualifications of examiners

"(i) “Designated examiner” means a licensed psychiatrist, or other physician with forensic training or a licensed psychologist with forensic training"

Wyo. Stat. Ann. § 7-11-301

What must the evaluation report contain

"The report shall include:
(i) Detailed findings;
(ii) An opinion as to whether the accused has a mental illness or deficiency, and its probable duration;
(iii) An opinion as to whether the accused, as a result of mental illness or deficiency, lacks capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense in a rational manner, and to cooperate with his counsel to the end that any available defense may be interposed;
. . .
(v) A recommendation as to whether the accused should be held in a designated facility for treatment pending determination by the court of the issue of mental fitness to proceed; and
(vi) A recommendation as to whether the accused, if found by the court to be mentally fit to proceed, should be detained in a designated facility pending further proceedings."

Wyo. Stat. Ann. § 7-11-303(c) (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient only.

"If the court determines that the accused lacks mental fitness to proceed, the proceedings against him shall be suspended and the court shall commit him to a designated facility to determine whether there is substantial probability that the accused will regain his fitness to proceed."

Wyo. Stat. Ann. § 7-11-303(g) (West)

What is the test for restorability

"substantial probability that the accused will become fit to proceed in the foreseeable future"

Wyo. Stat. Ann. § 7-11-303(g) (West)

What is the procedure after restoration

"[T]he commitment of the accused at a designated facility shall continue until the head of the facility reports to the court that in his opinion the accused is fit to proceed. If this opinion is not contested by the state, the accused or his counsel, the criminal proceeding shall be resumed. If the opinion is contested, the court shall hold a hearing as provided in subsection (f) of this section. While the accused remains at a designated facility under this subsection, the head of the facility shall issue a full report at least once every three (3) months in accordance with the requirements of subparagraph (i)(A) of this subsection on the progress the accused is making towards regaining his fitness to proceed."

Wyo. Stat. Ann. § 7-11-303(g)(ii) (West)

What is the procedure if there is a finding of unrestorability

"the court shall order the accused released from the custody of the designated facility unless proper civil commitment proceedings have been instituted and held as provided in title 25 of the Wyoming statutes. The continued retention, hospitalization and discharge of the accused shall be the same as for other patients."

Wyo. Stat. Ann. § 7-11-303(g) (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

None stated.