reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-04 - Community Corrections Standards › Section 149-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes minimum standards for community corrections
				programs. This rule also creates a mechanism for communities to implement and
				maintain community corrections programs designed to provide the judicial system
				with sentencing alternatives for those offenders that may require less than
				institutional custody.
1.2.
				Authority. -- W. Va. Code §
									62-11C-3.
1.3. Filing Date. -- June 27, 2003.
1.4. Effective Date. -- July 1,
				2003.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-04 - Community Corrections Standards › Section 149-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Community
				Corrections Act" refers to the provisions of W. Va. Code §§
									62-11C-1 et
				seq.
2.2. "Community Corrections
				Program" means the plan or system of diversion services of a unit of government
				outlined in the Community Corrections Act. A program may be organized by the
				local community criminal justice board or by application of a local chief
				probation officer, with the written approval of the chief judge of the circuit,
				with a showing of local community and local criminal justice system involvement
				in the program.
2.3. "Community
				Corrections Subcommittee" means the group, established in W. Va. Code §
									62-11C-2,
				that is charged with developing standards and assisting the Governor's
				Committee on Crime, Delinquency and Correction in administering the Community
				Corrections Act.
2.4. "Community
				Criminal Justice Board" means the board, established by W. Va. Code §
									62-11C-6,
				that is charged with establishing, coordinating, overseeing and maintaining
				community corrections programs at the local level.
2.5. "Proposal Application" means the
				document developed by the Community Corrections Subcommittee to be completed by
				the applicant. The proposal application conveys appropriate information to
				review local community corrections programs whether they are seeking approval
				of the program, or state funding of the program.
2.6. "Special Conditions and Assurances"
				means those conditions and assurances listed on the proposal application which
				the applicant certifies it will comply with if approval of the proposal
				application is granted by the Community Corrections Subcommittee on behalf of
				the Governor's Committee on Crime, Delinquency and Correction.
2.7. "State Funds" means the funds collected
				and placed in a special revenue account, established by W. Va. Code §
									62-11C-4,
				that are to be disbursed, as they are available, by the Governor's Committee on
				Crime, Delinquency and Correction. This term does not apply to local
				participation fees provided for in the Community Corrections Act.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-04 - Community Corrections Standards › Section 149-4-3 - Community Corrections Programs Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The purpose of this section is to
				establish the minimum standards of a community corrections program for adult
				offenders. The Community Corrections Subcommittee will utilize these standards
				as criteria to determine if a community corrections program is eligible for
				approval and funding.
3.2. Core
				Elements. -- Community corrections programs shall include the following four
				(4) core elements.
3.2.a. Intake and Risk and
				Needs Assessment. -- Community corrections programs shall utilize a research
				based intake and risk and need assessment tool that addresses the following
				elements:
3.2.a.1. Drug and alcohol
				screening.
3.2.a.2. Criminal
				history.
3.2.a.3. Known
				associates.
3.2.a.4. Community
				support system.
3.2.a.5. Education
				needs.
3.2.a.6. Treatment
				needs.
3.2.a.7. Mental health
				needs.
3.2.a.8. Employment
				needs.
3.2.a.9. Substance abuse
				history.
3.2.a.10. Established
				criteria to remove an offender from the Community Corrections
				Program.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-04 - Community Corrections Standards › Section 149-4-4 - Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				purpose of this section is to establish the administrative procedures that a
				community corrections program must follow in order to be considered for
				approval and funding.
4.2. General
				Community Corrections Programs Approval. -- Community corrections programs
				applicants shall adhere to the following guidelines for both community
				corrections program approval and funding approval:
4.2.a. A community or communities seeking
				community corrections program approval from the Community Corrections
				Subcommittee must submit an official community corrections program proposal
				application and follow all special conditions and assurances in the proposal
				application. This proposal application must be submitted by those communities
				seeking funding as well as those communities not seeking funding.
4.2.b. Proposed community corrections
				programs shall meet the Community Corrections Programs Standards as established
				in §
										149-4-3
				of this rule.
4.2.c. A county
				commission shall serve as an applicant for a community corrections program. In
				those incidences where the county commission is unable to serve as the
				applicant, the West Virginia Supreme Court of Appeals may serve as the
				applicant representing chief circuit judges and chief probation
				officers.
4.2.d. A community
				corrections program shall be developed by a local community criminal justice
				board, or a chief probation officer, with approval of the chief circuit
				judge.
4.2.e. The applicant must
				demonstrate how the local community and local criminal justice system are
				involved with the community corrections program development and implementation.
				Applicants are encouraged to submit letters of support from all individuals
				involved in the development and implementation process.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards for the collection, reporting,
				compilation and analysis of data, for the purpose of studying the possible
				practice of racial profiling by law enforcement in West Virginia.
1.2. Authority. -- W. Va. Code §
									17G-2-3.
1.3. Filing Date. -- May 10, 2006.
1.4. Effective Date. -- May 10,
				2006.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-3 - Data collection

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Operator Information Collected.
3.1.a.
				Beginning January 1, 2007, each time a law-enforcement officer stops the
				operator of a motor vehicle for a violation of any motor vehicle statute or
				ordinance, the officer shall record, on the West Virginia Motor Vehicle Stop
				Form appended to this rule, the information required to be collected pursuant
				to subsection 3 of this section. The officer may complete the Motor Vehicle
				Stop Form during or immediately after the stop, but must file the completed
				form with his or her law-enforcement agency before the officer goes off
				duty.
3.1.b. A law-enforcement
				officer is required to record the information required to be collected pursuant
				to subsection 3 of this section only when the operator has been stopped for
				violating a motor vehicle statute or ordinance. A law-enforcement officer is
				not required to record such information as a result of a nonviolation stop,
				even if the initial nonviolation stop results in a citation or
				arrest.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-4 - Designation of patrol area

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Patrol
				area of stop. The chief executive of every law-enforcement agency in the state
				shall establish one or more "patrol areas" as defined in section 2.12 of this
				rule. The boundaries shall be easily recognizable to the law-enforcement
				officer and the designation of the patrol area shall be identified by up to a
				three digit number that shall be entered by the officer on the Motor Vehicle
				Stop Form. The boundaries and designations of patrol areas shall be provided to
				all officers under the control of the agency and forwarded to the Governor's
				Committee on Crime Delinquency and Correction for utilization in preparing the
				report to the legislature required by West Virginia Code.
4.2. Requirements for boundaries of patrol
				areas. The boundaries of the patrol areas shall be drawn to allow the
				determination of population demographics of the Patrol Area as a whole. Patrol
				areas may include whole or partial census tracts and whole census blocks. The
				maps provided to officers need not show this specific information, but only the
				boundaries of the patrol area using natural landmarks such as streets, streams,
				railroad tracks, or other boundaries as may be generally known to a community.
				Maps of patrol areas shall be forwarded to the Governor's committee for
				approval of conformance to this subsection.
4.3. County level law-enforcement agencies in
				counties with a population of 20,000 or fewer may designate the entire county
				as one patrol area. Law-enforcement agencies in cities or towns with a
				population of 5,000 or fewer may designate the entire city or town as one
				patrol area. Law-enforcement agencies with statewide jurisdiction shall utilize
				patrol areas established by the county of the stop.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-5 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The chief
				executive officer of an law-enforcement agency shall, prior to January 1, 2007,
				provide to each law-enforcement officer of his or her agency appropriate
				training on the proper completion of the Motor Vehicle Stop Form. All training
				shall be based on the instructions developed by the Division of Motor Vehicles
				pursuant to subsection 3 of this rule. Additional and or ongoing training may
				be required by the law-enforcement agency if improper reporting is
				identified.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-6 - Data reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Beginning January 1, 2007, each law-enforcement agency in this state shall
				submit completed MVSFs to the Division of Motor Vehicles, via United States
				Postal Service or by any other reputable mail delivery service, hand-delivery
				or by electronic means, if authorized by the Division of Motor Vehicles. MVSFs
				must be received by the Division of Motor Vehicles no later than close of
				business, normal operating hours, on the fifteenth (15th) day following the end
				of the reporting calendar month during which the information recorded on the
				form was collected.
6.2. All MVSFs
				shall be completed correctly, be free of dirt and debris and be submitted in
				usable condition for the purposes outlined in this rule. Incomplete or rejected
				MVSF's will be returned to the law-enforcement agency for completion,
				correction and resubmission.
6.3.
				In furtherance of his or her responsibility to ensure that the requirements of
				this section are met, the chief executive shall periodically audit and review
				MVSFs submitted by law- enforcement officers within his or her agency to ensure
				that the facts surrounding traffic stops are not being intentionally
				misrepresented.
6.4. Failure to
				comply with the requirements of this section may subject a law-enforcement
				agency to the sanctions provided in W. Va. Code §
									17G-2-2.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-7 - Receipt and retention of MVSF

Current through Register Vol. XLI, No. 28, July 12, 2024
MVSF Receiving and Retaining. -- The Division of Motor
				  Vehicles shall establish a written policy designed to address the reasonably
				  foreseeable complications which may arise as a result of receiving and
				  retaining MVSFs submitted by a law-enforcement agency, whether in hard copy or
				  electronic format. This policy may change, from time to time, and at the
				  discretion of the Division of Motor Vehicles, as necessity dictates. This
				  policy shall include, but not be limited to:
7.1. A mechanism for identifying the time,
				day, date and year the MVSF was received by the Division of Motor
				Vehicles;
7.2. A mechanism for
				maintaining accurate and easily accessible data regarding the reporting habits
				of individual law- enforcement agencies; and,
7.3. The identification of an appropriate and
				logistically feasible time period to retain MVSFs submitted in hard copy
				format; as well as any data stored electronically as a result of this
				rule.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-8 - Data limitations and confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any and all data collected, reported,
				compiled and analyzed pursuant to this rule may be used only for the purposes
				outlined in this rule.
8.2. Except
				as provided for in section 9 of this rule, no official of the Division of Motor
				Vehicles, the Governor's committee or a law-enforcement agency may release
				information from an MVSF regarding the identity of any individual
				law-enforcement officer. The Governor's committee and the chief executive of a
				law-enforcement agency shall make appropriate safeguards to protect the
				identity of individual law-enforcement officers collecting data required by
				this rule at all times.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-9 - Individual law-enforcement agency data request and release

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The chief
				executive of a law-enforcement agency may request from the Division of Motor
				Vehicles release of data regarding his or her law-enforcement agency and
				law-enforcement officers. The request must be in writing and must be received
				by the Division of Motor Vehicles no sooner than thirty (30) days after the end
				of the calendar month for which the data is being requested.
9.2. At a minimum, the data shall be
				organized in such a manner as to allow the chief executive to review the
				information collected from the MVSF by his or her particular agency and
				officers for a period of at least one calendar month.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-10 - Division of Motor Vehicles responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division of Motor Vehicles and the Governor's Committee
				  on Crime, Delinquency and Correction have reduced to writing in a memorandum of
				  understanding the duties required of the DMV pursuant to § 17G-2-3. This
				  memorandum contains the protocols by which the Division of Motor vehicles will
				  collect the data required and by which the data will be conveyed to the
				  Governor's committee for analysis and preparation of its annual
				  report.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-05 - Motor Vehicle Stop Data Collection Standards For The Study Of Racial Profiling › Section 149-5-11 - Governor's Committee on Crime, Delinquency and Correction Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
The Governor's committee shall analyze and report its finding
				  pursuant to West Virginia Code § 17G-2-3. The Criminal Justice Statistical
				  Analysis Center, a unit of the Governor's committee, shall use its discretion
				  to determine the methodology necessary to meet the analytic reporting
				  requirements of § 17G-2-3 consistent with the data made available to
				  it.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-06 - Motor Vehicle Search Standards › Section 149-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards for the use of the vehicle consent
				search form in accordance with W. Va. Code §
									62-1A-10.
1.2. Authority. -- W. Va. Code §
									62-1A-11.
1.3. Filing Date. -- April 6, 2012.
1.4. Effective Date. -- April 6,
				2012.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-06 - Motor Vehicle Search Standards › Section 149-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Audio
				recording" means using any device for the duplication of audio
				sounds.
2.2. "Consent" means giving
				permission or an affirmative reply to a request, whether the consent is written
				or via some audio recorded method.
2.3. "Governor's Committee on Crime,
				Delinquency and Correction or Governor's Committee" means the Governor's
				Committee on Crime Delinquency and Correction established as a state planning
				agency pursuant to W. Va. Code §
									15-9-1.
2.4. "Law enforcement officer" means any duly
				authorized member of a law enforcement agency who is authorized to maintain
				public peace and order, prevent and detect crime, make arrests and enforce the
				laws of the state or any county or municipality of the state, other than
				parking ordinances, including persons employed as campus police officers at
				state institutions of higher education and those persons employed as rangers by
				the Hatfield-McCoy Regional Recreation Authority. The term "law-enforcement
				officer" does not apply to the chief executive of any West Virginia
				law-enforcement agency or any watchman or special conservation
				officer.
2.5. "Law enforcement
				official" means the duly appointed chief administrator of a designated law
				enforcement agency or a duly authorized designee.
2.6. "Law Enforcement Professional Standards
				Subcommittee or Subcommittee" means the Subcommittee established by W. Va. Code
				§
									30-29-2.
2.7. "Operator" means every person who drives
				or is in actual physical control of a motor vehicle or who is exercising
				control over or steering a vehicle being towed by a motor vehicle.
2.8. "Vehicle" means every device in, upon or
				by which any person or property is or may be transported or drawn upon a
				highway excepting devices moved by human power or used exclusively upon
				stationary rails or tracks.
2.9.
				"Vehicle search consent form" means the form developed and approved by the Law
				Enforcement Professional Standards Sub-Committee of the Governor's Committee on
				Crime, Delinquency and Correction.
2.10. "West Virginia law enforcement agency"
				means any duly authorized state, county or municipal organization employing one
				or more persons whose responsibility is the enforcement of law of the state or
				any county or municipality of this state.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-06 - Motor Vehicle Search Standards › Section 149-6-3 - Written Consent

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A law
				enforcement officer shall use the Subcommittee approved vehicle search consent
				form for the documentation of written consent to search in stops of a motor
				vehicle for alleged violation(s) of a traffic statute or ordinance. A law
				enforcement officer may also obtain consent through the use of an audio
				recording or, in circumstances, when the Subcommittee approved form is
				unavailable, hand written consent may be obtained.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-06 - Motor Vehicle Search Standards › Section 149-6-4 - Vehicle Search Consent Form

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Vehicle Search Consent Form shall contain the following components:
4.1.a. The date of the stop;
4.1.b. The time of stop;
4.1.c. The location of stop;
4.1.d. The vehicle's make;
4.1.e. The vehicle's registration
				number;
4.1.f. The initials of the
				vehicle's operator consenting to the following statements:
4.1.f.1. I understand that I am being asked
				by a law enforcement officer for consent to search the vehicle listed in the
				consent form;
4.1.f.2. I understand
				that I may refuse to give the law enforcement officer consent to search the
				vehicle listed in the consent form;
4.1.f.3. I understand that I may withdraw my
				consent at any time during this search; and
4.1.f.4. I freely and voluntarily give the
				law enforcement officer consent to search the vehicle listed in the consent
				form.
4.1.g. The printed
				name of the person granting the consent; and
4.1.h. The signature of the person granting
				the consent and the date;
4.1.i.
				The printed name of the law enforcement officer's name requesting the consent
				and his or her agency.
4.1.j. The
				signature of the law enforcement officer signature requesting the consent and
				the date.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-06 - Motor Vehicle Search Standards › Section 149-6-5 - Audio or Video Recorded Consent

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				A law enforcement officer may obtain audio or video consent from the vehicle's
				operator.
5.2. Such audio or video
				consent must include all of the components of Subsection §4.1 of this
				rule.
5.2.a. The law enforcement officer shall
				obtain affirmative responses from the vehicle's operator to the statements set
				forth in Subdivision §4.1.f of this rule.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes law enforcement response to stalking by providing
				guidelines and establishing standards for responding to stalking incidents.
				Particular attention is given to protecting victims of stalking through initial
				response, on-scene assistance, arrest, follow-up, and reporting, including
				enforcement of personal safety orders. If the stalking is determined to be
				domestic in nature, refer to 149CSR3. Law enforcement response is dictated by
				the protocol as outlined in 149CSR3. It is also the means by which law
				enforcement agencies can minimize departmental liability and provide
				training.
1.2. Authority. -- W. Va.
				Code §
									61-2-9A.
1.3. Filing Date. -- May 3, 2013.
1.4. Effective Date. -- July 1,
				2013.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-2 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The principal
				purpose of this rule is to establish guidelines and procedures in compliance
				with state and federal law to be followed by all West Virginia law enforcement
				officers as defined herein and other personnel involved in police response to
				stalking calls.
2.2. Other purposes
				and goals of this rule are:
2.2.a. To reduce
				the incidence and severity of stalking by establishing arrest and prosecution,
				as the means of police response to stalking;
2.2.b. To afford maximum protection and
				support to victims of stalking through a coordinated response of law
				enforcement and victim assistance;
2.2.c. To ensure that law enforcement
				services are as available in stalking cases as they are in other criminal
				cases;
2.2.d. To promote law
				enforcement officer safety by ensuring that the law enforcement officer is as
				fully prepared as possible to respond to stalking calls; and,
2.2.e. To help reduce police resources
				consumed in responding to stalking by reducing the number of police
				interventions required.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-5 - Dispatcher Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Dispatchers under the supervision of a law enforcement agency and
				communications and emergency operations centers shall dispatch stalking calls
				in the same manner as any other call for police assistance, in accordance with
				the priority criteria prescribed by generally applicable department procedures.
				Whenever possible, the dispatcher should assign a back-up unit.
5.2. The dispatcher receiving a stalking call
				should attempt to elicit from the caller, and should communicate to the
				responding law enforcement officer, as much of the following information, in
				the following order of importance, as time and exigencies of the reported
				incident allow:
5.2.a. The nature of the
				incident;
5.2.b. The address of the
				incident, including the apartment number or the name of the business, as
				appropriate;
5.2.c. A telephone
				number where the caller can be called back;
5.2.d. Whether weapons are involved or
				present and if so, where they are located;
5.2.e. Whether or not there are any injuries
				and whether or not an ambulance is needed;
5.2.f. A description of the accused and
				whether or not the accused is present and, if not, the most likely location,
				direction of flight, and mode of travel of the accused;
5.2.g. Whether other individuals, including
				children, are at the scene;
5.2.h.
				Whether any party is using or is under the influence of alcohol or
				drugs;
5.2.i. Whether a personal
				safety order or a domestic violence protective order is in effect and if it
				includes consent to enter the residence to enforce the protective
				order;
5.2.j. If the caller is the
				victim and in the residence, would they consent to entry;
5.2.k. Whether a criminal warrant is
				outstanding on the accused; and,
5.2.l. Whether the accused has been released
				on bail on a charge of a crime against a family or household member, including
				a family or household member who is a child, with any conditions on bail
				regarding contact with the victim or complainant.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-6 - Initial Law Enforcement Officer Response

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Approaching the scene.
6.1.a. The law enforcement officer should
				obtain all available information from the dispatcher before arriving at the
				scene and should notify the dispatcher upon arrival.
6.1.b. Unless the circumstances of a
				particular incident require different measures, the law enforcement officer
				should follow the approach procedures set out in the remainder of this section.
				The law enforcement officer should:
6.1.b.1.
				Approach the scene inconspicuously. The law enforcement officer should not use
				sirens or lights in the immediate area of the scene of the incident;
6.1.b.2. Park away from the immediate scene
				of the incident;
6.1.b.3. Keep a
				safe exit route in mind;
6.1.b.4.
				Be alert for the employment of weapons from doors, windows, or nearby
				vehicles;
6.1.b.5. Be alert for
				persons moving away from the immediate scene of the incident; and,
6.1.b.6. Employ other standard precautionary
				measures for approaching high risk incident scenes.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-7 - The Arrest Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In most
				circumstances, the responding law enforcement officer shall arrest the accused
				whenever arrest is authorized. In addition to any other report required, law
				enforcement officer who does not make an arrest after investigating a complaint
				of stalking shall submit a written report setting forth the grounds for not
				arresting.
7.2. Arrest is
				authorized in the following circumstances:
7.2.a. When the law enforcement officer has
				probable cause to believe that the accused has committed a felony;
7.2.b. When the law enforcement officer
				observes the commission of a felony or a misdemeanor;
7.2.c. When the law enforcement officer
				observes the violation of a valid personal safety order, including the presence
				of the accused at a location prohibited by the personal safety order; the
				officer shall arrest the accused provided the accused was served with the order
				or had actual notice of the order and its contents;
7.2.d. When the law enforcement officer
				observes any violation of a condition of bail, probation or parole, including
				the presence of the accused at the residence of the victim;
7.2.e. When the accused is alleged to have
				committed stalking or the violation of a valid personal safety order; law
				enforcement officer has authority to arrest the accused when:
7.2.e.1. The law enforcement officer has
				observed credible corroborative evidence that the offense has occurred;
				or,
7.2.e.2. The law enforcement
				officer has received, from the victim or a witness, a verbal or written
				allegation of facts constituting a violation of a valid personal safety order;
				or,
7.2.e.3. A misdemeanor or
				felony not included among those specified in this rule has been committed and
				the law enforcement officer or another person obtains or has previously
				obtained an arrest warrant; or,
7.2.e.4. A capias has been issued, or when a
				circuit judge has signed an attachment order.
7.2.e.5. Notwithstanding the issue of
				violation of the state law, the crossing or causing the crossing of a state
				line or territory or tribal boundary to commit stalking is a violation of
				federal law and should also be referred to federal authorities.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-8 - Effectuating the Arrest

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Persons
				arrested pursuant to this rule, shall be taken before a magistrate within the
				county in which the offense charged is alleged to have been committed in a
				manner consistent with the provisions of Rule 1 of the Administrative Rules for
				the Magistrate Courts of West Virginia.
8.2. Because the risk is high in stalking
				cases that the accused will continue to seek contact with the victim, if a
				warrant is necessary, the law enforcement officer should obtain and execute the
				warrant as soon as practical.
8.3.
				When the accused is a minor (under 18 years of age), the provisions of this
				rule are fully applicable, except that the law enforcement officer should
				arrest and process the juvenile pursuant to W. Va. Code § 49-5-1 et.
				seq.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-9 - Procedure when Arrest is not Made

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				If an arrest is not made the law enforcement officer should:
9.1.a. Explain to the victim the reasons that
				an arrest is not being made;
9.1.b.
				Advise the victim of the applicability of criminal laws, procedures for filing
				a criminal complaint, the availability of a petition for a personal safety
				order, the procedures for filing a petition, and the remedies an order may
				contain;
9.1.c. Encourage the
				victim to contact the nearest available sexual assault or domestic violence
				program for information regarding services available to victims of
				stalking;
9.1.d. Inform the victim
				that the law enforcement officer will provide transportation for or facilitate
				transportation of the victim to a community-based service provider or the
				appropriate court; and,
9.1.e.
				Inform the victim they have the right to file a claim with the West Virginia
				Crime Victims Compensation Fund.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-10 - Other On-Scene Assistance to Victims and Dependents

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If an arrest is made or an arrest
				warrant obtained, the law enforcement officer should:
10.1.a. Advise the victim of what will happen
				next, including the probability that the accused will be in custody for only a
				short period of time; and
10.1.b.
				Obtain from the victim information to be included in the arrest report
				indicating any special conditions of bail that should be requested at the
				initial appearance before the magistrate (i.e., places where the accused should
				be specifically prohibited from appearing).
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-11 - Upon Arrest

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A person
				arrested for violation of a personal safety order shall be charged with all
				crimes allegedly committed as a result of the incident in which the violation
				occurred.
11.2. The accused shall
				be taken before a magistrate in the county in which the offense charged is
				alleged to have been committed in a manner consistent with the provisions of
				Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia
				for initial appearances in criminal cases.
11.3. The arresting law enforcement officer
				may inform the magistrate or court of any circumstances surrounding the arrest
				of the accused which would have an effect on conditions of bail, provided that
				the amount and conditions of bail are a judicial decision that rests solely
				with the magistrate or court.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-07 - Protocol for Law Enforcement Response to Stalking › Section 149-7-12 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A West
				Virginia Intelligence Exchange (WVIX) Report shall be developed for use and is
				to be completed by the law enforcement officer responding to any call covered
				by this rule.
12.2. Data
				collection.
12.2.a. All WVIX reports on
				either party should be kept together or cross-referenced so that repeat
				stalking incidents can be documented.
12.2.b. The report, or another document (such
				as an index card) or computer entry generated from the report, shall become a
				stalking tracking report.
12.2.c.
				To the extent possible, the stalking tracking report shall be accessible to
				dispatchers and the law enforcement officer.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes law enforcement response to child abuse and
				neglect by providing guidelines and establishing uniform standards for
				responding to circumstances involving possible child abuse and neglect. It will
				also be used as a means by which law enforcement agencies can develop training
				curricula on responding to circumstances involving possible child abuse and
				neglect.
1.2. Authority. -- W. Va.
				Code §
									15-9-5.
1.3. Filing Date. -- May 3, 2013.
1.4. Effective Date. -- July 1,
				2013.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-2 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The principal
				purpose of this rule is to establish guidelines and procedures in compliance
				with state and federal law to be followed by all West Virginia law enforcement
				officers as defined herein and other personnel involved in police response to
				circumstances involving possible child abuse and neglect.
2.2. Other purposes and goals of this rule
				are:
2.2.a. To reduce the incidence and
				severity of child abuse and neglect by establishing a framework for early
				detection and intervention and establishing uniform standards for the
				investigation of child abuse and neglect.
2.2.b. To afford maximum protection and
				support to victims of child abuse and neglect through a coordinated response of
				dispatch, law enforcement, Child Protective Services (CPS), Child Advocacy
				Centers (CAC), prosecution and other applicable agencies.
2.2.c. To promote best practices and ensure
				that law enforcement services are as available in circumstances of child abuse
				and neglect as they are in other criminal cases.
2.2.d. To promote the safety of all
				individuals involved in circumstances of child abuse and neglect.
2.2.e. To promote a safe and appropriate
				response to circumstances involving victims with special needs including but
				not limited to developmental, mental health, behavioral and/or physical
				disabilities.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-4 - Dispatcher Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Dispatchers under the supervision of police department and communications and
				emergency operations centers which dispatch the law enforcement officer shall
				dispatch child abuse and/or neglect calls in the same manner as any other call
				for police assistance, in accordance with the priority criteria prescribed by
				generally applicable department procedures. Whenever possible, the dispatcher
				should assign a back-up unit.
4.2.
				The dispatcher receiving allegations of a child abuse and/or neglect call
				should attempt to elicit from the caller, and should communicate to the
				responding law enforcement officer, as much of the following information, in
				the following order of importance, as time and emergencies of the reported
				incident allow:
4.2.a. The address of the
				incident, including the apartment number or the name of the business, as
				appropriate;
4.2.b. The nature of
				the incident;
4.2.c. Establish
				caller's name whether they are the victim, and a telephone number where the
				caller can be called back;
4.2.d.
				Whether or not there are any injuries and whether an ambulance is
				needed;
4.2.e. Whether weapons are
				involved or present and if so, where they are located;
4.2.f. A description of the accused and
				whether or not the accused is present and, if not, the most likely location,
				direction of flight, and mode of travel of the accused;
4.2.g. Whether a protective order is in
				effect and if it includes consent to enter the residence to enforce the
				protective order;
4.2.h. Whether a
				personal safety order is in effect;
4.2.i. Whether other individuals, including
				children, are at the scene;
4.2.j.
				Whether any party is using or is under the influence of alcohol or
				drugs;
4.2.k. If the caller is the
				victim, in the residence, and is capable of giving consent, would they consent
				to entry;
4.2.l. Whether a criminal
				warrant is outstanding on the accused;
4.2.m. Whether the accused has been released
				on bail on a charge of a crime against a family or household member, including
				a family or household member who is a child, with any conditions on bail
				regarding contact with the victim or complainant; and
4.2.n. Whether a registered sex offender
				resides in the home;
4.2.o. Best
				practice is to not provide information that may identify a child over the
				radio, but to follow-up by telephone.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-5 - Law Enforcement Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Responding to emergency reports of child
				abuse and/or neglect or other crimes in which children are present on the
				scene.
5.1.a. Approaching the scene.
5.1.a.1. Scenes may be classified in one of
				two manners:
(A) Alleged criminal act
				involving children is in progress- an emergency situation- or
(B) A complaint of alleged criminal acts
				involving children that occurred previously and has been reported after the
				incident has ended- a non-emergency situation.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-6 - Child Protective Services Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Child Protective Services is provided by
				the West Virginia DHHR. CPS is not a punitive intervention but rather helping
				in nature. Although CPS and law enforcement have different duties and
				responsibilities, through collaboration and partnership both entities can
				maintain their own organizational integrity and meet their professional
				obligations to protect children.
6.2. Child Protective Services must assess
				families when a child is abused and/or neglected, or when a child is subject to
				conditions where abuse and/or neglect is likely to occur. Child Protective
				Services must respond in a timely manner in order to ensure child safety based
				upon the alleged child maltreatment and family conditions.
6.3. The CPS assessment seeks to determine if
				a child in the residence requires protection from their parents, guardians or
				custodians. If a child in the residence requires protection, CPS then provides
				ongoing services to the family to change the behavior.
6.4. Child Protective Services may be
				required to seek judicial authorization to remove a child from their home in
				order to assure protection. This decision is not strictly dependent upon
				whether or not a crime has occurred and should not deter law enforcement
				officers from pursuing criminal charges when appropriate.
6.5. Child Protective Services must
				cooperate, to the extent possible, with law enforcement officers when
				conducting joint assessments/investigations. When working with officers, CPS
				workers must adhere to applicable state statutes, federal statutes, local MDIT
				procedures and CPS policies.