(a) If a resident was adjudicated as an adult and initially sentenced to the boys' school pursuant to W-3.7-13-101(a), the agency may consider transferring the resident to the state penitentiary only if: - (i) The resident poses a danger to self or others;
- (ii) The resident's actions demonstrate that he cannot be controlled in the boys' school due to Its lack of security;
- (iii) The curtailment of liberty warrants additional protections;
- (iv) The need for higher security substantially outweighs any detrimental effect on the resident's liberty interests; or
- (v) The resident subsequent to his commitment to the boys' school, is shown to have been at the time of his conviction, an adult or to have been previously convicted of a crime.
(b) If the agency and superintendent decide to propose a transfer to the state penitentiary, an administrative hearing may be held if requested by the resident in writing within five (5) days of receipt of the notice.
(c) If an administrative hearing is requested, it shall be conducted according to agency established policies and procedures, and shall include: - (i) Written notice of the proposed transfer and the planned hearing to the resident, and representative; the notice shall comply with general procedures required In the Wyoming Administrative Procedure Act in W.S. W.S. W.S. 16-3-107;
- (ii) Allowing the resident time to prepare favorable evidence and rebut unfavorable evidence;
- (iii) Providing the resident with appropriate representation or other assistance;
- (iv) A record of the decision, including a tape recording of the hearing and written summary;
- (v) Sending a copy of the written summary and notice of the decision to the resident, representative and the court; and
- (vi) Entitling the resident to a right to appeal the decision to the agency and to request judicial review.
(d) The transfer to the state penitentiary may take place immediately following the decision.
(e) A resident transferred to the state penitentiary may be subsequently returned to the boy's school bv written requisition from the agency pursuant to W.S. W.S. W.S. 25-3-104. - (a) In accordance with W.S. W.S. W.S. 25-3-101(b), a resident who was adjudicated as an adult may be considered for transfer to the boys' school pursuant to W.S. W.S. W.S. 7-13-102. A transfer from the state penitentiary to the boys' school shall be subject to the provisions stated in W.S. W.S. 25-3-104(b) and 25-3-105.