Bill aims to withhold arrest photos until after conviction

A bill sponsored by two Sweetwater County legislators would limit how photos of people arrested for an alleged crime are released.

The bill, known as House Bill 51, is sponsored by Rep. Chad Banks (D-Rock Springs), with Rep. Andi LeBeau (D-Lander) and Sen. John Kolb (R-Rock Springs) co-sponsoring it. The bill would prohibit both the Wyoming Department of Corrections and the county jails from releasing photos taken of people arrested for an alleged crime until a conviction for that crime is made.

The bill would allow for those photos to be released in specific circumstances. This includes instances where a judge orders the release of a photograph after finding the release is in the interest of law enforcement, such as if a person is considered a fugitive and a danger to the public, with release of the photograph approved to help capture the person.

Banks said the inspiration came from his views on how the photos, commonly referred to as mugshots, taken at a low point in someone’s life, can follow someone throughout their lives.

“It’s probably one of the worst days of their lives,” Banks said.

He said the photos are often hosted on websites and shared on social media as a form of entertainment at someone else’s expense, which is another reason he opposes the practice.

Banks said the language is similar to a bill presented to the Utah State Legislature. It approved its version of the bill in 2021.

With a looming battle over redistricting and a budget process to contend with, Banks isn’t optimistic about the bill’s chances with the Wyoming Legislature this year and doesn’t believe the bill will make it to introduction.

“I wanted to present the bill to at least start the discussion,” Banks said.

The roster for the Sweetwater County Detention Center is hosted on the Sweetwater County Combined Communications Center’s website. According to the 2021 report issued by the center’s governing joint powers board, 98% of all traffic to the center’s website goes to the jail roster page, which totaled 112,574 users and more than 2.5 million hits. David Halter, Information Technology Director for the dispatch center, said the website is refreshed every three hours starting at midnight.

The Sweetwater County Sheriff’s Office has full control over what is hosted on the jail roster and does not include every inmate on the website. Juvenile inmates and inmates facing charges related to sexual assault are omitted from the public list.

The Sweetwater County Sheriff’s Office did not respond to requests for comment as of press time.