reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-20 - Documents Available

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless otherwise specified in the proceeding rule, the
				  following documents are available by contacting the Sex Offender Registry
				  at:
Sex Offender Registry
Criminal Records
West Virginia State Police
725 Jefferson Road
South Charleston, WV 25309
Telephone number: 304-746-2133
Fax number: 304-746-2402
20.1. Registration form(s).
20.2. FD-249, FBI fingerprint card.
20.3. Sex Offender Information
				Bulletin-Notification of Release.
20.4. Sex Offender Information Non-Disclosure
				Release Agreement.
20.5. List of
				all persons, updated quarterly, and separated by county of residence who are
				required to register for life as a sex offender.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule explains the procedures for bail bond enforcer registration,
				the requirements for becoming a bail bond enforcer and the responsibilities of
				the parties involved.
1.2.
				Authority. -- W. Va. Code ''51-10A-2
				and
				15-2-25.
1.3. Filing Date. -- August 17,
				2000.
1.4. Effective Date. --
				September 18, 2000.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Bail
				bondsman" means any person, partnership or corporation engaged for profit in
				the business of furnishing bail, making bonds or entering into undertakings, as
				surety, for the appearance of persons charged with a criminal offense or
				violation of law punishable by fine or imprisonment before any court within or
				without this state. The term "bail bondsman" includes, but is not limited to,
				persons conducting a bonding business as defined in W. Va. Code '51-10-1.
2.2. "Bail bond enforcer" means a nonresident
				bail bond enforcer and/or a resident bail bond enforcer as defined in sections
				2.4. and 2.8. of this rule.
2.3.
				"Enforcement Authorization" means a written agreement between a bail bondsman
				and a bail bond enforcer allowing the bail bond enforcer to act on behalf of
				the bail bondsman as defined in sections 2.4. and 2.8. of this rule.
2.4. "Nonresident bail bond enforcer" means a
				person who is registered and authorized as provided for in this rule, who is
				not a resident of the state of West Virginia and who on behalf of a bail
				bondsman enters this state for the purpose of:
(1) assisting a bail bondsman in presenting
				the defendant in court when required;
(2) assisting in the apprehension and
				surrender of the defendant to a court;
(3) keeping a defendant under surveillance;
				or
(4) executing bonds on behalf of
				a bail bondsman when a power of attorney has been duly recorded.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-3 - Persons Required to Register

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person performing the functions of a
				bail bond enforcer as described in '
				51-10A-1(b)
				of the Code of W. Va. and/or any person acting in the capacity of a bail bond
				enforcer as described in '
				51-10A-2(a)
				of the Code of W. Va. must register as a bail bond enforcer.
3.2. Registration shall be for an individual
				person. A firm, partnership, or corporation, as such, may not be registered as
				a bail bond enforcer.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-4 - Requirements and Procedures for Registration, Authorization and Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Applicants for
				bail bond enforcer registration must meet the following registration
				requirements:
a. Be twenty-one (21) years of
				age or older on date of application.
b. Be a citizen of the United
				States.
c. Have no convictions for
				any felony crime.
d. Have no
				convictions for any misdemeanor that was violent in nature or that involved a
				firearm or other dangerous weapon.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-5 - Expiration, Revocation, Denial, Renewal and Limitations of Registration, Authorization and Notifications

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Registration and enforcement authorization(s) must be approved and on file with
				the West Virginia State Police before the enforcer can act in such a
				capacity.
5.2. Registration is
				valid for a period of two (2) years from the date of approval.
5.3. Registration shall be deemed revoked at
				such time as the registrant becomes unable to meet the criteria for initial
				registration set forth in section 4.1. of this rule or if the registrant
				conducts any activity in noncompliance with the provisions of this rule or
				'51-10A-2
				of the Code of W. Va.
5.4. If a
				bondsman ceases to function as such, any and all authorizations made by the
				bondsman will expire at the time the bondsman ends such business.
5.5. A bondsman may revoke any authorization
				given by them by notifying the Director of the Criminal Records Section of the
				West Virginia State Police in writing.
5.6. Return of a personal check used to pay
				registration and/or authorization fees will result in the revocation of the
				authorization and/or registration of the bail bond enforcer.
5.7. Authorization cards remain the property
				of the West Virginia State Police and shall be returned to the Director of the
				Criminal Records Section upon revocation of such authorization. Return of
				expired authorization cards is not required.
5.8. Any attempt to use an expired
				authorization card shall be grounds for revocation of the bail bond enforcer
				registration.
5.9. Renewal of a
				registration shall be accomplished by submitting the following items:
a. Completed Bail Bond Enforcer Registration
				Application
b. Two (2) recent, full
				face, color photographs of the registrant. Minimum size 3" x 3", maximum size
				4" x 6".
c. A minimum of one (1)
				completed registration authorization or enforcement authorization unless a
				valid registration or enforcement authorization is on file and in effect at the
				time of the registration renewal.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-6 - Limitations of Bail Bond Enforcers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Bail bond enforcers may not enter an
				occupied residential structure without the consent of the occupants who are
				present at the time of the entry.
6.2. Bail bond enforcers may not conduct a
				bail recovery apprehension without written authorization as required in
				sections 4.3.d. and 5.1 of this rule.
6.3. Bail bond enforcers shall not wear,
				carry or display any uniform, badge, shield or other insignia or emblem that
				implies the bail bond enforcer is an employee, officer or agent of this state
				or any other state, a political subdivision of this state or any other state or
				of the federal government. A bail bond enforcer may display identification that
				indicates his/her status as a bail bond enforcer only.
6.4. A bail bond enforcer shall not conduct a
				bail bond apprehension without exercising due care to protect the safety of
				persons other than the defendant and the property of persons other than the
				defendant.
6.5. Registration and/or
				authorization does not authorize a bail bond enforcer to carry any dangerous or
				deadly weapon or exempt the bail bond enforcer from the requirements of W. Va.
				Code '61-7-3
				or any other provisions of law.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-15 - Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements › Section 81-15-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Fees shall be
				paid by personal check, cashier's check or money order only, cash payments are
				not acceptable.
7.2. A
				non-refundable fee of fifty dollars ($50.00) must accompany initial and renewal
				applications for registration as a bail bond enforcer.
7.3. A non-refundable fee of ten dollars
				($10.00) must accompany each registration authorization.
7.4. A non-refundable fee of ten dollars
				($10.00) must accompany each enforcement authorization.
7.5. No fee is required for
				notifications.
7.6. A
				non-refundable fee of five dollars ($5.00) is required for each duplicate
				enforcement authorization card request.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule explains the responsibilities and the administration of the
				West Virginia Child Abuse and Neglect Registry, and the responsibility of
				offenders of child abuse and neglect required to register, incarceration
				facilities, probation or parole officers, sentencing courts, Circuit Court,
				Prosecuting Attorney, State Police, all law enforcement agencies, and the
				Department of Health and Human Resources. The Child Abuse and Neglect
				Registration Act is regulatory in nature and is not penal. The provisions of
				this Act apply retroactively and prospectively.
1.2. Authority. -- This rule is issued under
				authority of W. Va. Code §§
									15-13-1 et.
				seq. and
				15-2-25.
1.3. Filing Date -- August 19,
				2010.
1.4. Effective Date --
				September 20, 2010.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-3 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Assist local
				law enforcement agencies efforts to protect the children exposed to the
				offenders of child abuse and neglect by regulating how offenders register with
				the Child Abuse and Neglect Registry at their local State Police
				detachments.
3.2. Provide the
				Department of Health and Human Resources notification of registered offenders
				of child abuse and neglect within five (5) business days in a format acceptable
				to the technologies of both the State Police and the Department of Health and
				Human Resources, so to assist in the performance and function of Child
				Protective Services and aid in the proper distribution and disclosure of
				offender information to persons specified in W. Va. Code §
									15-13-5(b).
3.3. Inform the law enforcement, criminal
				justice entities, other governmental agencies and the person of their rights
				and responsibilities as it pertains to the Act.
3.4. To prescribe the manner of how a person
				is to register and the manner of how information pertinent to the registry
				originating from the probation officers, parole officers, courts, law
				enforcement officers and officials of Department of Health and Human Resources
				responsible for overseeing the release of offenders of child abuse and neglect
				is to be forwarded to the Registry.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-4 - Objectives

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To enter all
				offenders of child abuse or neglect into the Registry as prescribed in W. Va.
				Code §
									15-13-1 et
				seq. in a timely and accurate manner.
4.2. Transmit copies of notification
				statements to the Department of Health and Human Resources as set forth in W.
				Va. Code §
									15-13-5.
4.3. Inform the Department of Health and
				Human Resources of any changes to the original notification statement as set
				forth in W. Va. Code §
									15-13-5.
4.4. Maintain accurate and current records of
				child abuse and neglect offenders so to assist in the investigative efforts of
				law enforcement, criminal justice entities and Child Protective Services in
				matters pertaining to child abuse and neglect.
4.5. Maintain accurate and current records of
				child abuse and neglect offenders to aid the Department of Health and Human
				Resources in its determination of effective action to secure the safety and
				wellbeing of children.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-5 - Intent, Findings and Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Legislative Intent and Findings: The
				intent of the Child Abuse and Neglect Registration Act is to assist
				law-enforcement agencies efforts to protect children from offenders of child
				abuse and neglect by requiring offenders of child abuse and neglect to register
				with a State Police detachment in the county where they reside. It is not the
				intent of the Legislature that the information be used to inflict either
				retribution or additional punishment on any person requiring registration under
				the West Virginia Child Abuse and Neglect Registration Act. It is the intent of
				the Legislature to provide for the safety of children who are exposed to
				persons convicted of the crimes of child abuse and neglect, found not guilty
				solely by reason of mental illness, mental retardation or addiction of the
				crimes of child abuse and neglect or convicted of a criminal offense against a
				child in his or her household or of whom he or she has custodial responsibility
				and with whom the sentencing judge has made a written finding that there is a
				continued likelihood that the person convicted will continue to have regular
				contact with that child or other children and that as such it is in the best
				interest of the child or children for that person to be monitored.
5.2. Severability. If any sections or
				subsections of this rule are determined to be invalid, it shall not be
				construed to invalidate any of the provisions not otherwise affected.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-6 - Persons Required to Register

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All persons who are convicted, enter a
				plea of guilty or found not guilty by reason of mental illness, mental
				retardation or addiction, of committing any of the following criminal offenses
				of child abuse and neglect are to register:
6.1.a. Murder of child by parent, guardian or
				custodian or other person by refusal or failure to supply necessities, or by
				delivery, administration or ingestion of a controlled substance, W. Va. Code
				§
										61-8D-2,
6.1.b. Death of a child by a parent, guardian
				or custodian or other person by child abuse, W. Va. Code §
										61-8D-2a,
6.1.c. Child abuse resulting in injury; child
				abuse or neglect creating risk of injury, W. Va. Code §
										61-8D-3,
				as amended,
6.1.d. Female genital
				mutilation, W. Va. Code §
										61-8D-3a,
6.1.e. Child neglect resulting in injury;
				child neglect creating risk of injury, W. Va. Code §
										61-8D-4,
				as amended,
6.1.f. Child neglect
				resulting in death, W. Va. Code §
										61-8D-4a.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-7 - Duration of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Persons required to register shall comply with this rule, except during ensuing
				periods of incarceration, for a minimum period of ten (10) years from the time
				of release from prison, jail or mental health facility or ten (10) years have
				elapsed since the person was placed on probation, parole, or supervised or
				conditional release
7.1.a. The ten (10) year
				registration requirement shall not be reduced by the offender's release from
				probation, parole suspended sentence or supervised or conditional
				release.
7.1.b. If the conviction
				which required the person to register is overturned, the registrant shall
				petition the court to have their name removed from the registry.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-8 - Responsibilities of Administrators of Incarceration Facilities, Administrators of Mental Health Facilities, Probation or Parole Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Administrator, probation or parole
				officers include, but are not limited to:
8.1.a. Commissioner of Corrections or his/her
				designee or;
8.1.b. Regional jail
				administrator or his/her designee or;
8.1.c. Chief or Sheriff operating a jail or
				his/her designee or;
8.1.d.
				Secretary of Department of Health and Human Resources or his/her designee
				or;
8.1.e. Probation officer
				or;
8.1.f. Parole officer
				or;
8.1.g. Person(s) assigned to
				the supervision of the person to be registered following their release from
				incarceration or confinement or;
8.1.h. Person(s) accepting supervision and
				has legal authority over a person from another state under the terms and
				conditions of the Interstate Compact for Supervision of Adult offenders and
				required to register under 6.1, 6.2 or 6.3 of this procedural rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-9 - Responsibilities of the Sentencing Court

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. At the time the person is convicted of
				the crimes set forth in 6.1 or 6.3 of this procedural rule, the sentencing
				court shall:
9.1.a. Inform the person so
				convicted of the requirements to register imposed by this article and shall
				further satisfy itself by interrogation of the defendant or his or her counsel
				that the defendant has received notice of the provisions of this article and
				that the defendant understands said provisions.
9.1.b. Have the person sign in open court, a
				statement acknowledging that the person understands the requirements imposed by
				the Act.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-10 - Responsibilities of the State Police

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The State Police detachments shall
				serve as the local law enforcement agency that in actuality administers the
				registration procedures upon the person required to be registered.
10.2. The registration of child abuse or
				neglect offenders shall include the completion of WVSP 271 Notice of Child
				Abuser Responsibility and Registration Certification and the entry of the
				following information into the Livescan device;
10.2.a. Full name;
10.2.b. Any aliases, nicknames and other
				names used by the person;
10.2.c.
				Date of birth;
10.2.d. Social
				Security number;
10.2.e. Sex, race,
				height, weight, hair and eye color;
10.2.f. Current physical and mailing
				address(es);
10.2.g. County of
				residence(s);
10.2.h. Previous
				address and date of address change;
10.2.i. Ages, names and relationship to the
				registrant, of any children in the household of the registrant, of any children
				currently living or subsequently born to the registrant;
10.2.j. Name and address of employer or place
				of occupation at time of registration or any anticipated future employers or
				places of occupation including county;
10.2.k. Name and address of any school or
				training facility the person is attending at time of registration or expects to
				attend including county and;
10.2.l. Jurisdiction (State and County of
				conviction) and conviction date;
10.2.m. Date released from incarceration or
				placed on probation;
10.2.n.
				Conviction offense;
10.2.o. Parole
				or Probation officer name and telephone number;
10.2.p. Left and right finger slaps, both
				thumbprints, rolled fingerprints, left and right upper and lower palm prints,
				and left and right writer's palms;
10.2.q. Required signatures of the
				person;
10.2.r. Required
				information of uniformed member(s);
10.2.s. The detachment shall retain a copy of
				the registration form(s).
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-11 - Responsibilities of Law Enforcement Agencies, Other Than the State Police

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Responsibly
				manage the information concerning offenders of child abuse or neglect residing
				within the county.
11.1.a. Refrain from
				secondary dissemination of the information.
11.1.b. Utilize the information for
				investigative purposes only.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-12 - Responsibilities of the Child Abuse and Neglect Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Registry shall maintain the central
				registry of information on those persons who are required to be
				registered.
12.2. The Registry is
				authorized to release child abuse or neglect registration information and
				documentation to federal, state and local governmental agencies responsible for
				conducting pre-employment checks.
12.3. The Registry may release child abuse or
				neglect registration information and documentation, when properly requested, to
				authorized law enforcement and governmental agencies of the United States, its
				territories, foreign countries authorized to receive the same, other state
				jurisdictions and the state of West Virginia.
12.3.a. These countries/government
				jurisdictions must stipulate in writing that this information is necessary in
				the interest of and administration of official duties and criminal
				laws.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-13 - Responsibilities of Those Persons Required to Register

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Responsibilities at the time of
				conviction or sentencing.
13.1.a. The person
				who has pled guilty, is convicted or found not guilty by reason of mental
				illness, mental retardation or addiction of those crimes listed in 6.1 or 6.2
				of this procedural rule that require registration or is convicted of any
				criminal offense against a child in his or her household or of whom he or she
				has custodial responsibility and with whom the sentencing judge makes a written
				finding that there is a continued likelihood that the person convicted will
				continue to have regular contact with that child or other children and that as
				such it is in the best interest of the child or children for that person to be
				monitored, then that person shall sign in open court and on the record, a
				statement that they understand the registration requirements for offenders of
				child abuse and neglect.
13.1.a.1. The
				statement, once signed and witnessed, constitutes prima fascia evidence that
				the person has knowledge of the registration requirements for offenders of
				child abuse and neglect.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-16 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act › Section 81-16-14 - Documents Available

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless otherwise specified in the proceeding rule, the
				  following documents are available by contacting the Child Abuse and Neglect
				  Registry at:
Child Abuse and Neglect Registry
Criminal Records
West Virginia State Police
725 Jefferson Road
South Charleston, WV 25309
Telephone number: 304-746-2133
Fax number: 304-746-2402
14.1. Registration form(s).
14.2. FD-249, FBI fingerprint card.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule explains the responsibilities and the administration of the
				Child Abuse and Neglect Investigations Unit and the responsibility of the
				Department of Health and Human Resources, Child Protective Services (CPS), the
				West Virginia State Police, other law enforcement officers, prosecuting
				attorneys, circuit clerks and parole officers within the state as designated by
				the Child Protection Act of 2006.
1.2. Authority. -- This rule is issued under
				authority of W. Va. Code §§
									15-2-15
				et. seq. and
				15-2-25.
1.3. Filing Date. -- April 7, 2008.
1.4. Effective Date. -- May 15,
				2008
.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-3 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Child
				Protection Act of 2006 emphasizes the need for effective collaboration between
				CPS, the West Virginia State Police and local law enforcement in order to
				reduce the number of critical incidents to children and focus on identifying
				investigating and prosecuting criminal child abuse and neglect cases. The
				primary purpose of the Child Protection Unit is to promote the joining of the
				West Virginia State Police and CPS so to provide an effective governmental
				approach to reducing child fatalities and aid in the prosecution of
				perpetrators of child abuse and neglect.
3.2. Develop and maintain a statewide
				statistical index of child abuse and neglect allegation and convictions for
				violations of §§
									61-8D-2,
				61-8D-2a,
				61-8D-3,
				61-8D-3a.
				61-8D-4
				or
				61-8D-4a,
				so to monitor the timely and proper investigation and disposition of child
				abuse and neglect criminal cases.
3.3. Provide training, technical expertise
				and coordination of services for other law enforcement agencies, CPS
				caseworkers, prosecuting attorneys, and MDITs, as it pertains to the
				identification, investigation, reporting and prosecution of criminal child
				abuse and neglect cases.
3.4.
				Provide the legislative Joint Committee on Government and Finance an annual
				report that includes the statistical index described in state code §
									15-2-15(d)
				as well as recommendations for statutory or program reforms beneficial for the
				unit and its goals.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-4 - Objectives

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Concretize
				that the primary principle governing investigative and prosecutorial efforts is
				safeguarding the victim from further abuse from the perpetrator and from
				systemic abuse.
4.2. Develop and
				exercise a protocol for the interaction of the Child Protection Unit and CPS
				that compliments the mission of both parties and achieves more timely and
				effective management of criminal child abuse and neglect cases, ultimately
				resulting in improving the overall welfare of the child.
4.3. Promote the utilization of the West
				Virginia Child Abuse and Neglect Registry information in law enforcement
				investigations and in the monitoring of perpetrators.
4.4. Inform law enforcement and criminal
				justice organizations, governmental agencies and other entities within the
				child protection community as well as the general public of their rights and
				responsibilities as they pertain to the Act.
4.5 Prescribe the manner and form of how
				state and local law enforcement agencies, circuit clerks and parole officers
				are to report the charging and conviction of violations of child abuse and
				neglect statutes.
4.6. Aid in the
				development and delivery of educational, informational and preventive programs
				directed to those in the child protection community, school systems, and the
				general public regarding their responsibilities regarding the detection and
				reporting of potential child abuse.
4.7. Participate in programs and projects
				that promote the interaction between law enforcement, county prosecutors,
				service providers and other involved bodies such as the West Virginia Fatality
				Review Team, the Child Advocacy Centers MDITs, Child Advocacy Centers, the WV
				Foundation for Rape Information Services (FRIS) and the West Virginia Coalition
				Against Domestic Violence (WVCADV).
4.8. Advance safe environments for children
				by effective involvement in the prosecution of persons alleged to have
				committed, aided, abetted and/or by way of omission the direct or potential
				mental, emotional, sexual and/or physical harm of a minor child.
4.9. Advise other law enforcement agencies,
				CPS caseworkers, prosecuting attorneys, and MDITs of the training, technical
				expertise and service coordination capabilities offered by the Child Protection
				Unit and provide such services, when requested.
4.10. The unit's contribution to the
				identification, investigation and prosecution of cases of child abuse and
				neglect is not limited to the offenses of §§
									61-8D-2,
				61-8D-2a,
				61-8D-3,
				61-8D-3a.
				61-8D-4
				or
				61-8D-4a,
				but is to also extend to cases involving sexual assault, sexual abuse, sexual
				exploitation or physical injury of a child.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-5 - Intent, Findings and Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Legislative Intent and Findings: The
				intent of the West Virginia State Legislature's creation of the Child Abuse and
				Neglect Investigations Unit is to aid in providing an effective governmental
				approach to prosecuting child abuse and neglect cases by the provision of
				assistance to CPS, other State Police members, and other law enforcement
				agencies. The unit may broaden its effectiveness by the provision of training,
				technical expertise and coordination for other law enforcement agencies, CPS
				caseworkers, Prosecuting Attorneys and Multidisciplinary Investigative Teams
				(MDIT). The Legislature does not intend for the act to be construed to mean
				that the unit will assume the duties or assume management of ongoing
				investigations of other State Police members or other law enforcement
				officers.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-6 - Composition of Child Abuse and Neglect Investigations Unit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The unit shall consist of a minimum of
				six State Police sworn members.
6.1.1. A Unit
				Director, appointed by the Superintendent, charged with the responsibility of
				overseeing the members and activities of the unit.
6.1.2. Five (5) Troop Coordinators, appointed
				by the Superintendent, charged with carrying out the unit's responsibilities
				within their assigned Troop area.
6.1.3. Additional Child Abuse and Neglect
				Investigations Unit Investigators may be assigned to the unit and would answer
				directly to a Troop Coordinator.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-7 - Responsibilities of CPS

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. With
				the formation of the special investigations unit within the State Police, the
				Legislature emphasized the need for law enforcement and CPS to work
				cooperatively towards a single goal of improving the welfare of the State's
				children. This intent involves the sharing of vital information so to make the
				combined efforts timely, streamlined, and unduplicated.
7.2. Upon receipt of
CPS
Report for Law Enforcement
(CPS-0188) form, referrals shall be
				made to local law enforcement, other than the State Police, and the prosecuting
				attorney's office in the county where the abuse occurred for the following
				allegations:
7.2.1. Serious physical injury
				suspected to be inflicted by a caretaking adult.
7.2.2. Any sexual assault or abuse.
7.2.3. A critical incident as defined by 2.6
				of this Rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-8 - Responsibilities of State Police Communications

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Unit Director will provide the State
				Police Communication Center in South Charleston with a current and accurate
				list of all Troop Coordinators, Child Abuse and Neglect Investigations Unit
				Investigators, their respective areas of responsibility and their contact
				numbers. The Communications Center will refer to this list when contacted by a
				CPS caseworker reference a case that requires an immediate response.
8.2. When contacted by a CPS caseworker
				concerning a case that requires an immediate response, the Communications
				Center staff person shall ascertain what county the incident
				occurred.
8.3. The Communications
				Center staff person shall advise the CPS worker that although they will attempt
				to contact a Child Abuse and Neglect Investigations Unit member, State Police
				may not be able to respond to all serious injury and sexual assault or abuse
				referrals and that it essential that the CPS caseworker notify local law
				enforcement of the incident.
8.4.
				The Communications Center staff person shall refer to the list of Child Abuse
				and Neglect Investigations Unit members and attempt to contact members within
				the county where the incident occurred, first attempting to contact the Troop
				Coordinator.
8.5. If unable to
				contact a Child Abuse and Neglect Investigations Unit member, the
				Communications Center staff person will periodically attempt to contact a
				member of the unit or a Trooper assigned to the county in which the incident
				occurred, until successful.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-9 - Responsibilities of Reporting Parties in Regard to the Statistical Index

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
									§
									15-2-15(f)
				states that every state law enforcement agency within the state shall
				periodically provide statistical information regarding child abuse and neglect
				cases investigated and prosecuted by their agency to the Child Abuse and
				Neglect Investigations Unit.
9.2.
				Forms for the collection of this information, WVSP 169, are to be provided by
				the West Virginia State Police to law enforcement agencies, circuit clerks and
				parole officers.
9.3. The forms are
				to be submitted to the Child Abuse and Neglect Investigations Unit on a monthly
				basis and received by the 10th day of the following
				month.
9.3.1. The forms may be mailed, faxed
				or scanned and electronically submitted to the email address:
				childprotection@wvsp.state.wv.us.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for purchase of commodities and services by the
				West Virginia State Police (WVSP) pursuant to the WVSP's purchasing
				exemption.
1.2. Authority. -- W.
				Va. Code §
									5A-3-1 and §
									5A-3-3.
1.3. Filing Date. -- November 3,
				2023.
1.4. Effective Date. --
				December 4, 2023.
1.5. Repeal and
				Replace. -- This rule repeals and replaces W. Va. Code R. §
									81-18-1, et seq., West Virginia
				State Police Purchasing Rule, effective November 13, 2020.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-2 - For the Purposes of This Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Assistant Director - DAS Purchasing Section" means the Assistant Director of
				the Division of Administrative Services Purchasing Section, or his or her
				designee.
2.2. "Chief Hearing
				Examiner" means the Chief Hearing Examiner of the Department of Homeland
				Security's Office of Administrative Hearings, or his or her designee.
2.3. "Commodities" means goods and services,
				including supplies, materials, equipment, contractual services, and any other
				articles or things used by or furnished to a department, agency or institution
				of State Government.
2.4. "DAS -
				Purchasing Section" means the West Virginia Department of Homeland Security
				Division of Administrative Services Purchasing Section.
2.5. "Direct Award Purchase" means any
				contract or purchase entered into without a competitive process, based on a
				justification that only one known source exists or that only one single
				supplier can fulfill the requirements.
2.6. "Expendable Commodities" means
				commodities which, when used in the ordinary course of business, will become
				consumed or of no market value within the period of one year or less.
2.7. "Expression of Interest (EOI)" means a
				Best Value Procurement tool used for architectural and engineering services
				which is defined in W. Va. Code 5G-1, as "those professional services of an
				architectural or engineering nature as well as incidental services that members
				of those professions and those in their employ may logically or justifiably
				perform.
2.8. "Procurement Section"
				means the State Police Procurement Section.
2.9. "Purchaser" means any State Police
				employee with purchasing authority.
2.10. "Purchasing Division" means the West
				Virginia Purchasing Division under the West Virginia Department of
				Administration.
2.11. "Request for
				Proposal (RFP)" means an agency request for proposal.
2.12. "Request for Quotation (RFQ)" means an
				agency request for quotation.
2.13.
				"State Police" means the West Virginia State Police.
2.14. "Superintendent" means the
				Superintendent of the State Police or his or her designee.
2.15. "Working Days" means Monday through
				Friday, but excludes Saturday, Sunday, State Holidays and days that government
				offices are closed due to declaration of an emergency.
2.16. "
wv
OASIS" means the
				State's accounting system managed by the Enterprise Resource Planning Board in
				conjunction with the West Virginia Department of Administration and the West
				Virginia State Auditor's Office.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-3 - Policy Training

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each
				State Police employee with authority to purchase commodities shall be advised
				of the West Virginia Purchasing Card Policies and Procedures contained on the
				West Virginia State Auditor's website.
3.2. The Assistant Director - DAS Purchasing
				Section will make annual training available to State Police employees who are
				involved in the purchase of commodities in addition to required Purchasing Card
				training. All State Police employees conducting purchasing transactions must
				meet all mandatory training requirements.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-4 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the vendor
				approves, the State Police may utilize any other State or Federal contracts to
				make purchases when in the best interest of the State Police and/or the State
				of West Virginia or as one of three required bids as applicable.
4.2. Amounts spent with vendors for like
				purchases are viewed comprehensively. The State Police will monitor
				expenditures with vendors for like purchases to ensure that the total amount
				spent with a given vendor, within any 12-month period, does not exceed an
				applicable bid threshold without the proper level of documentation and
				bidding.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-5 - Firm Fixed Pricing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				contracts should be entered into for a firm, fixed price per unit of commodity
				unless the nature of the procurement prohibits doing so. In such cases, a
				detailed written justification must be included in the file.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-6 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Assistant
				Director - DAS Purchasing Section may require the State Police to attempt to
				resolve any issues that it may have with a vendor prior to pursuing any remedy
				contained herein. The State Police must document any resolution efforts and
				provide copies of those documents to the Assistant Director - DAS Purchasing
				Section.
6.2. Contract
				Cancellation.
6.2.1. Cancellation. The
				Superintendent may cancel a purchase or contract immediately under any one of
				the following conditions including, but not limited to:
6.2.1.a. The vendor agrees to the
				cancellation;
6.2.1.b. The vendor
				has obtained the contract by fraud, collusion, conspiracy;
6.2.1.c. The contract conflicts with any
				statutory or constitutional provision of the State of West Virginia;
6.2.1.d. The vendor fails to honor any
				contractual term or condition or to honor standard commercial
				practices;
6.2.1.e. The existence
				of an organizational conflict of interest is identified;
6.2.1.f. Funds are not appropriated or an
				appropriation is discontinued by the legislature for the acquisition;
6.2.1.g. Violation of any federal, state, or
				local law, regulation, or ordinance; or
6.2.1.h. The contract was awarded in
				error.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-7 - Registration, Advertising, Bidding and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Registration of Vendors:
7.1.1. Purchasing Division Registration. All
				vendors must register with the Purchasing Division prior to being awarded a
				contract, except that the following categories of vendors are exempt from this
				registration requirement.
7.1.1.a. Purchasing
				card vendors providing travel related services are not required to register
				with the Purchasing Division.
7.1.1.b. Purchasing card vendors receiving an
				aggregate total yearly payment less than $25,000.00 from a spending unit are
				not required to register with the Purchasing Division.
7.1.1.c. Any company or corporation, or
				subsidiary of the company or corporation, listed on any nationally recognized
				stock exchange is not required to register with the Purchasing
				Division.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-8 - Non-Emergency Purchasing up to $10,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. For any purchase up to and including
				$10,000.00, of a non-emergent nature, competitive bids are not required.
				Required documentation includes, but is not limited to, signed and completed
				purchase requisition, invoice or receipt, receiving report or packing slip, a
				copy of the contract front sheet showing item numbers and pricing page(s), if
				applicable.