W.R.Cr.P. 39

(a) Revocation. — Proceedings for revocation of probation shall be initiated

by a petition for revocation filed by the attorney for the state, setting forth the

conditions of probation which are alleged to have been violated by the

probationer and the facts establishing the violation.

(1) Process. — If it appears from a verified petition to revoke probation, or

from an affidavit or affidavits filed with the petition, that there is probable

cause to believe the probationer violated the terms of probation, the court

shall order the probationer to appear before the court on a date and time

stated to answer to the allegations in the petition. Upon the written request

of the attorney for the state demonstrating good cause therefor, the court

may issue a warrant for the probationer. A copy of the petition for revocation

shall be served upon the probationer along with the order to appear or

warrant.

(2) Appearance. — A probationer arrested on a warrant and taken into

custody shall be taken before a judicial officer without unnecessary delay.

(3) Advice to Probationer. — At the probationer’s first appearance before

the court, the court shall advise the probationer of the allegations of the

petition for revocation and of the contents of any affidavits and shall further

advise the probationer:

(A) Of the probationer’s right to retain counsel and, where applicable,

the right to appointed counsel;

(B) That the probationer is not required to make a statement and that

any statement made could be used against the probationer;

(C) Of the right to a hearing before a judge without a jury;

(D) Of the state’s burden of proof;

(E) Of the probationer’s right to confront adverse witnesses, to call

other witnesses and have court process to obtain the testimony of

reluctant witnesses and to present other evidence at the hearing; and

(F) If the probationer is in custody, of the general circumstances under

which release may be secured pending a hearing.

(G) Of probationer’s right to appeal.

(4) Plea. — The probationer shall be given a copy of the petition for

revocation of probation before being called upon to plead. The probationer

shall be called upon to admit or deny the allegations of the petition for

revocation. If the probationer admits the allegations of the petition, the court

may proceed immediately to disposition, or may set a future date for

disposition. If the petitioner denies the allegations of the petition, or declines

to admit or deny, the court shall set the matter for hearing.

(A) If further proceedings are to follow the first appearance, the court

may commit or release the probationer as provided in Rule 46.2.

(B) A hearing on the petition shall be held within the following time

limits:

(i) If the probationer is in custody because of the probation revocation

proceedings, a hearing upon a petition for revocation of probation shall

be held within 15 days after the probationer’s first appearance before

the court following the filing of the petition. If the probationer is not in

custody because of the probation revocation proceedings, a hearing upon

the petition shall be held within 30 days after the probationer’s first

appearance following the filing of the petition. For good cause the time

limits may be extended by the court.

(ii) Where it appears that the alleged violation of conditions of

probation consists of an offense with which the probationer is charged in

a criminal proceeding then pending, the court may continue the probation revocation proceedings until the termination of the criminal proceeding if the probationer consents, or regardless of consent, if the

probationer is not in custody because of the probation revocation

proceedings.

(5) Hearing. — At the hearing upon the petition for revocation of probation, the state must establish the violation of the conditions of probation

alleged in the petition by a preponderance of the evidence.

(A) The probationer shall have the right to appear in person and by

counsel, to confront and examine adverse witnesses, and at the dispositional stage to make a statement in mitigation of revocation.

(B) The Wyoming Rules of Evidence shall apply to the adjudicative

phase of probation revocation hearings; however, hearsay that is probative, trustworthy and credible may be received into evidence. The Wyoming Rules of Evidence do not apply to the dispositional stage.

(6) Findings. — If the court finds a violation of conditions of probation and

revokes probation, it shall enter an order reciting the violation and the

disposition.

(A) Advisement of Right to Appeal. — At the dispositional stage, the

court shall advise the defendant of the right to appeal the probation

revocation or the disposition. This advisement includes:

(i) The defendant’s right to appeal, including the time limits for filing

a notice of appeal; and

(ii) The right of a person who is unable to pay the cost of an appeal to

apply for leave to appeal in forma pauperis and to have appointed

counsel represent the defendant on appeal.

(B) Notice of Appeal. — If the defendant so requests, the clerk of the

court shall prepare and serve forthwith a notice of appeal in accordance

with the Wyoming Rules of Appellate Procedure on behalf of the defendant.

(b) Modification. — Proceedings for modification of conditions of probation

may be initiated by a petition for modification filed by the attorney for the

state, a probation agent or the probationer, setting forth the proposed modification and a statement of the reasons therefor. A copy of the petition shall be

served upon the adverse party; if made by a probation officer it shall also be

served upon the attorney for the state and, unless the attorney for the state

consents, no action may be taken for five days without a hearing. Thereafter,

the adverse party shall have 20 days to respond to the petition for modification

of probation. If the adverse party consents to the requested modification or

fails to respond to the petition, the court may act upon the requested

modification with or without a hearing. If the adverse party responds by

opposing the requested modification the court may hold a hearing. The

Wyoming Rules of Evidence shall not apply at the modification hearing; all

relevant, probative evidence may be received if the adverse party is given a fair

opportunity to rebut the evidence. Within a reasonable time, the court shall

grant or deny the requested modification in whole or in part.