Wyoming · Title 25
Someone you love was taken to the hospital on a hold, and nobody will tell you when they are coming home. Or they have been charged with a crime, and everyone agrees their mind was not right when it happened.
Wyoming runs two separate systems for mental illness and the law, and they get confused constantly. Title 25 is civil commitment: whether a person can be hospitalized against their will. The mental illness defense under Wyo. Stat. § 7-11-304 is criminal: whether a person was responsible at the time. Competency to proceed under § 7-11-303 is a third question, different from both. The Title 25 clock runs in hours.
Francis H. McVay handled Title 25 proceedings as a Deputy County and Prosecuting Attorney in Park County and has worked the defense side of the same system since.
Title 25: involuntary civil commitment
Wyoming’s involuntary hospitalization statutes begin at Wyo. Stat. § 25-10-101. A Title 25 case is not a criminal case, and nobody is charged with anything. But a person can lose their liberty at the end of it, and the right to counsel attaches.
What “mentally ill” means here
The definition in § 25-10-101(a)(ix) is narrower than everyday use. It requires a physical, emotional, mental, or behavioral disorder “which causes a person to be dangerous to himself or others and which requires treatment.” Addiction, intoxication, and developmental disabilities are excluded unless they occur alongside a mental illness. Substance use runs on its own track in the criminal system: a Wyoming DWUI carries a mandatory substance use disorder assessment at or before sentencing under Wyo. Stat. § 31-5-233(e), and Laramie County operates a DUI Court and a Mental Health Diversion Court as separate programs.
Dangerousness is an element, not a formality. Section 25-10-101(a)(ii) defines it three ways: a substantial probability of physical harm to oneself, shown by recent threats or attempts; a substantial probability of harm to others, shown by a recent violent act, attempt, or threat; or grave disability, meaning recent acts or omissions showing an inability to meet basic needs for food, medical care, shelter, or safety, so that serious harm will soon follow.
Two points the defense uses constantly. The statute requires recent acts or omissions; history alone is not enough, though a court may consider it. And a person is not gravely disabled if others who are willing and available can help meet those needs.
The emergency detention timeline
Under § 25-10-109, when an officer or examiner has reasonable cause to believe a person is mentally ill:
- A preliminary examination must happen within 24 hours. If it does not, the person must be released.
- Detention can continue up to 72 hours, excluding weekends and legal holidays, with re-examination at least every 48 hours.
- A detention hearing must be held within 72 hours, excluding weekends and holidays.
- At that hearing the standard is a preponderance of the evidence. If it is met, the court may order detention for up to ten more days.
- The court shall appoint an attorney unless the person already has one.
Involuntary hospitalization
A full commitment proceeding under § 25-10-110 raises the standard to clear and convincing evidence. The person is entitled to appointed counsel, to an examination by a court-appointed examiner within seven days of notice, and, on demand made within five days of receiving notice, to a jury.
Even where the standard is met, the court must consider “the least restrictive and most therapeutic alternatives,” which can mean directed outpatient commitment under § 25-10-110.1 instead of hospitalization. Outpatient commitment is capped at two years, with review at least every six months.
A hospitalization order has no fixed end date. It runs until discharge, subject to periodic review under § 25-10-116. An honest caveat: this section has been amended, and the current review intervals should be checked for your case.
Competency is a different question
Competency (§§ 7-11-302 and 7-11-303) asks about the defendant’s mind now: can they understand the proceedings, conduct a defense rationally, and cooperate with counsel? It is not a defense. It is a bar to going forward, and once raised, the case is suspended.
- The standard is a preponderance of the evidence, carried by whoever asserts the defendant is fit.
- An inpatient competency examination is capped at 30 days.
- If the defendant is unfit but likely to be restored, they may be committed for restoration, with reports every three months. If restoration is unlikely, the court must order release unless Title 25 proceedings are started. That is where the two systems meet.
- Forced medication to restore competency is allowed only for a “serious crime,” and only on findings that track Sell v. United States.
- A finding of competency does not undercut a mental illness defense and cannot be put before the jury.
Short version: competency asks whether the defendant can take part in the case now. The mental illness defense asks whether they were responsible then.
The mental illness defense, in brief
Wyoming keeps the plea and verdict “not guilty by reason of mental illness or deficiency.” Its test keeps both prongs, cognitive and volitional, which makes it broader than the federal standard. It narrows what qualifies as a mental illness, excludes self-induced intoxication, and puts the burden of proof on the defense. A successful verdict leads to a dispositional hearing, not automatic release. Read the full explanation on our NGMI Defense page.
Competency is charge-neutral. It is raised the same way whether the case is a theft or fraud prosecution, an impaired-driving charge, or a violent felony, and once raised it suspends the case whatever the underlying offense.
Why this work matters
Title 25 and the criminal mental-health system are where the State’s power is least visible and most absolute. A person can be detained on a preponderance standard, medicated, and held without ever being charged with a crime, and most people going through it have no idea a lawyer is appointed for them. Navigating that system for the person inside it is a stated commitment of this firm.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he charged misdemeanors and felonies and prosecuted Title 25 matters. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College. He knows how the State builds a case, and he knows how the record reads when a higher court looks at it.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
What is a Title 25 hold in Wyoming?
An emergency detention under Wyo. Stat. § 25-10-109, based on reasonable cause to believe a person is mentally ill as the statute defines it: a disorder that causes dangerousness and requires treatment. A preliminary examination must happen within 24 hours or the person must be released, and a hearing must be held within 72 hours, excluding weekends and holidays.
Do I get a lawyer in a Title 25 case?
Yes. The court shall appoint one unless you already have one, in both the detention and the hospitalization proceedings.
What is the burden of proof for involuntary commitment?
A preponderance of the evidence at the emergency detention hearing. Clear and convincing evidence for involuntary hospitalization under § 25-10-110.
What is the difference between competency and the insanity defense?
Competency is about whether you can take part in your case now, and it pauses the case. The mental illness defense is about whether you were responsible at the time of the conduct, and it results in a verdict followed by a dangerousness determination.
If someone is found not guilty by reason of mental illness, do they go free?
Not automatically, and they are not automatically committed either. Under § 7-11-306 the court chooses among discharge, conditional release, and commitment, based on current mental condition and dangerousness.
Talk to a lawyer today
Title 25 timelines run in hours, not weeks. If someone has been detained, call now.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Statutes change, and every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.