.." FILED
US DISTRICT COURT
DISTRICT OF WYOMING
APR - 4 2008
Stephan Harris, Clerk
Casper
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
ORDER AMENDING COLLATERAL FINE SCHEDULE
It appearing to the Court that it is necessary to amend the collateral fine schedules presently
in effect in the District of Wyoming in order to insure that collateral fines are more uniform
throughout the District, and being fully advised in the premises, it is hereby
ORDERED that in the event a violator fails to forfeit collateral, the United States Magistrate
Judge shall require the preparation of a written complaint or other document containing a probable
cause statement, and may, within said Judge's discretion, require that the bond on said petty offenses
complaint be set at not more than a sum equal to twice the amount ofthe fine. The amount of bond
the Magistrate Judge requires shall be plainly stated on the Complaint; and it is further
ORDERED that the attached lists for the National Park Service, Bureau of Land
Management, United States Forest Service and United States Fish & Wildlife comprises those
statutes that shall be enforced by the said federal agencies throughout the District. Included herein
is the applicable collateral forfeiture/appearance bond fee schedule for each offense listed which
shall be uniformly levied by law enforcement personnel throughout the District. It should be
understood that ifnot governed by this schedule, the decision whether to (1) take an accused violator
into custody; (2) allow him/her to forfeit collateral; or (3) merely issue a warning shall be within the
sound discretion of the law enforcement personnel. In addition, should a violator appear before a
United States Magistrate Judge, said Magistrate Judge may impose a fine or imprisonment or both,
up to the statutory maximum without regard to this schedule.
(1) Mandatory Appearance Where Bail is Required:
Some ofthe offenses contained herein have been del;,:med by the United States District Court
to require that an accused violator be detained and brought before an available United States
Magistrate Judge. In the event a Magistrate Judge is not immediately available, and in the interest
of preventing undue detention, an amount of bail has been established, which the accused violator
may tender to the person authorized to accept bail for the Magistrate Judge. This bail is intended to
insure the appearance of the violator at the time and place noted on the violation notice and is not
forfeitable. If the violator is unable to make the required bail, he/she shall be placed in proper
custody, and he/she shall remain in such custody until he/she makes bailor is released by the
Magistrate Judge.
Throughout the schedule, these offenses are denoted by the required appearance and a set bail
amount. In each case where so indicated, the above procedure shall be followed.
(2) Mandatory Appearance Where No Bail is Required:
In all cases where a mandatory appearance is required but no bail amount has been set, the
violator may be allowed to go free, but he/she must be advised to appear on the date indicated on the
violation notice, and under no circumstances may he/she forfeit collateral. In the event the violator
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fails to appear on the date indicated on the violation notice, the United States Magistrate Judge may,
pursuant to Rule 58(d)(3), issue a summons or warrant for arrest of the violator.
(3) Offenses Where Collateral May Be Forfeited:
In those instances where a collateral amount has been set and no mandatory appearance is
required, the accused may be allowed to plead guilty without an appearance before a United States
Magistrate Judge and forfeit the collateral amount applicable to the offense charged. The law
enforcement officer under any circumstances may require the violator to deposit the collateral in the
United States Mail in the presence of said officer.
IT IS FURTHER ORDERED that in the event an offense occurs to which no reference has
been made in this Schedule, the law enforcement agency involved shall immediately contact the
United State's Attorney's Office in Cheyenne, Wyoming, at (307) 772-2124, or the United States
Attorney's Office in caSP~ing, at (30~) 261-5434, for advice and consultation.
DATEDthis!l-daYOf ~.2008.
~ CHIEF JUDGE
UNITED STATES DISTRICT COURT
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