reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-4 - Incidents to be Investigated

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The State
				Police shall investigate all complaints received by the Section. Provided, that
				anonymous or third-party complaints of a minor nature will be investigated at
				the discretion of the OIC.
4.2. The
				OIC shall determine the criteria for the assignment of minor complaints for
				internal investigations to line supervisors in cases of alleged rudeness,
				tardiness, or other complaints of a similar nature. The OIC shall have the
				discretion to assign internal investigations to specially trained members not
				permanently assigned to the Section. Once assigned, that investigator may be
				relieved of his or her regular duties as may be required to complete the
				investigation. Investigators assigned to internal investigations shall report
				directly to the OIC. Assigned investigators shall not discuss the investigation
				with anyone except the Superintendent, the OIC, or any person authorized by the
				OIC to receive investigative information.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-6 - Records Retention

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In order
				to better facilitate the operation of a progressive system of discipline and to
				provide for the various statutes of limitations pertaining to civil litigation,
				the Section shall retain records and documents associated with all section
				files for a period of four years from the final disposition. Section files
				shall include, if applicable, imposition of disciplinary action, exhaustion of
				all appeals, and resolution of any civil action(s) relating to the
				complaint.
6.2. The Section shall
				store all files in a secured environment, with access restricted to the
				Superintendent, the OIC, and members and civilian employees of the Section.
				Investigators or any other employee working with the investigator and outside
				of the Section office shall store and handle documents, evidence, and other
				items related to the investigation in a manner that shall ensure their
				confidentiality and integrity. Documents, evidence, and other items related to
				complaints, internal investigations, and/or contained in section files shall
				only be released, disseminated, or disclosed, by the direction of the
				Superintendent, by order of a court with competent jurisdiction, or pursuant to
				a public records request. Any public records request for documents received
				pursuant to W. Va. Code §
									29B-1-1
et seq.
shall be immediately forwarded to the State Police Legal Division.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-10 - Psychological Assessment Program

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. This
				program provides a process for mandatory psychological review of employees in
				situations where an employee's job performance or actions may be detrimental to
				the State Police's mission and cause the employee's psychological fitness for
				duty to be in question. Through this process, the employee's level of
				psychological fitness for duty is determined. When appropriate, assistance
				shall be made available to facilitate the employee's return to psychological
				fitness in instances where the employee is determined to be unfit for duty with
				a reasonable prognosis that rehabilitation to full duty psychological fitness
				can be achieved.
10.2. The
				following are examples, although not all inclusive, of circumstances in which
				an employee's psychological fitness for duty may be in question:
10.2.1. The employee fails to exercise sound
				or reasonable judgement;
10.2.2.
				The employee fails to recognize parameters of authority;
10.2.3. The employee fails to function
				effectively within the rules, guidelines, and policies of the State
				Police.
10.2.4. The employee is
				suspected of substance abuse (alcohol or drugs);
10.2.5. The employee has continued citizen
				complaints regarding conduct on or off duty;
10.2.6. The employee exhibits supervisory
				problems, and fails to respond to corrective measures;
10.2.7. The employee exhibits excessive use
				of sick leave, disability leave or workers compensation claims;
10.2.8. The employee's return from sick leave
				and/or leave of absence precipitated by psychiatric, psychological, and/or
				stress related illness and/or substance abuse; or
10.2.9. The employee is involved in a
				critical incident and his or her psychological fitness for duty is in
				question.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-11 - Progressive Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Standards
				of Conduct: The following standards are illustrative but not all inclusive of
				the type of conduct expected of employees:
11.1.1. An employee shall attend work
				regularly and report to work in a timely fashion. Any extraordinary time
				off-duty should be planned in advance. Unexpected time-off shall be
				communicated immediately to the employee's supervisor;
11.1.2. Employees shall apply themselves to
				their assigned duties during the time they are being compensated, except for
				reasonable time provided to take care of personal needs; and
11.1.3. Employees shall meet established
				performance standards whether published in administrative rules, operating
				policy and procedure, State Police memorandum or notices, or otherwise.
				Conditions or circumstances, as they become known, which prevent employees from
				performing effectively or from completing their assigned tasks shall be
				reported to the employee's immediate supervisor. Likewise, unclear instructions
				or procedures shall be brought to the attention of the employee's
				supervisor.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule explains the intent of the West Virginia Uniform Crime
				Reporting Program and the reporting requirements of the contributing law
				enforcement agencies.
1.2.
				Authority. -- W. Va. Code ''15-2-24(i)
				and (j) and 48-2A-9(d).
1.3. Filing Date. -- July 30, 1997.
1.4. Effective Date. -- September 2,
				1997.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-3 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				quantitative statistical data derived from the Uniform Crime Reporting (UCR)
				program will provide assistance in determining the overall scope of the
				reported criminal activity in West Virginia and will aid in making effective
				management studies and criminal analysis possible.
3.2. To prescribe the forms, general content,
				time and manner of submission of the Uniform Crime Reports as mandated in W.
				Va. Code '15-2-24(i).
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-4 - Objectives

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Collect from
				all state law enforcement agencies, crime data as defined by state statute and
				by national Uniform Crime Reporting definitions.
4.2. Assure accuracy in the data collected by
				developing and adhering to submission standards.
4.3. Enhance the effectiveness and usefulness
				of the data provided by converting from the summary based method of reporting
				to incident base reporting as recommended and endorsed by International
				Association of Chiefs of Police, the National Sheriff=s Association, the FBI
				and the national Association of State UCR Programs.
4.4. Provide law enforcement administrators
				with crime statistics for administrative and operational use.
4.5. Determine the occurrence of crime,
				victims of crime and the offenders within the state and their characteristics
				in order to find the proper focus for crime prevention and
				enforcement.
4.6. Inform the
				Governor, Legislature and other governmental officials and the public as to the
				nature of the crime problem in West Virginia, its magnitude and its
				trends.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-5 - Information Collected

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. UCR
				contributors are to report the individual offense data known to them in the
				following crime categories: murder, manslaughter, rape, robbery, felonious
				assault/malicious wounding, burglary, breaking and entering, breaking without
				entering, petit and grand larceny, motor vehicle theft, joyriding, arson,
				misdemeanor assault and/or battery, controlled substance violations and
				domestic violence violations.
5.2.
				With the conversion to the Incident Based Reporting (IBR) System, individual
				offense data will also be reported on bribery, counterfeiting/forgery,
				destruction of property, embezzlement, extortion/blackmail, fraud, gambling,
				kidnapping, pornography, prostitution, sexual assault, sexual abuse, incest,
				stolen property, weapons law violations, and hate crimes.
5.2.1. If an agency contributes by form
				submission, individual offense data on the following offenses will also be
				reported: bad checks, vagrancy, disorderly conduct, DUI, leaving the scene, hit
				and run, traffic accidents resulting in death, public intoxication, non-violent
				family offenses, liquor law violations, runaways, trespassing, and all other
				criminal offenses.
5.2.2. If an
				agency contributed by disk submission, Group B arrestee data will be reported
				on the following offenses: bad checks, vagrancy, disorderly conduct, DUI,
				leaving the scene, hit and run, traffic accidents resulting in death, public
				intoxication, non-violent family offenses, liquor law violations, runaways,
				trespassing, and all other criminal offenses.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-6 - Jurisdictional Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				purpose of jurisdictional guidelines for reporting crime statistics is to
				accurately depict the nature and volume of crime for a particular community or
				jurisdiction, not to claim or take "credit" for the number of investigations,
				arrests, etc. Throughout West Virginia there are several hundred law
				enforcement agencies, some of which have overlapping jurisdictions. To be
				certain that a crime is not counted more than once by overlapping
				jurisdictions, the following guidelines are to be adopted:
6.1.1. Arsons, explosions, and explosive
				related offenses investigated by the WV State Fire Marshal=s office and their
				subsequent arrests are to be counted by the State Fire Marshal=s
				office.
6.1.2. Those campus police
				agencies that possess an ORI and are identified as a UCR contributing agency
				count crimes and their subsequent arrests that occur on college/university
				property. Campus police are to count arsons, explosions, and explosive related
				offenses and their subsequent arrests, if they are not investigated by the WV
				State Fire Marshal=s office.
6.1.3.
				Municipal police departments count crimes and their subsequent arrests that
				occur within the city limits. If a crime occurs on college/university property
				which lies within the city limits, the municipal police department is to count
				the crime and arrest, if it is not being investigated by the campus police.
				Municipal police departments are to count arsons, explosions, explosive related
				offenses and their subsequent arrests if they are not being investigated by the
				WV State Fire Marshal=s office.
6.1.4. County law enforcement agencies and
				state police detachments are to count crimes and their subsequent arrests that
				happen in the county outside the limits of the municipalities. County law
				enforcement agencies and state police detachments are to count arsons,
				explosions, explosive related offenses and their subsequent arrests if they are
				not being investigated by the WV State Fire Marshal=s office.
6.1.5. A crime that occurs in one
				jurisdiction should not be counted by another campus police department,
				municipality, sheriff=s department, state police detachment or state fire
				marshal=s investigator, even though more than one agency participated in the
				investigation or arrest of the subject of that crime.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-7 - Records Needed

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Data
				needed for UCR reporting are readily available through a good recordkeeping
				system. Basic records should include:
7.1.1.
				Permanent records of crime, traffic, administrative matters and such other
				activities as considered necessary.
7.1.2. Control for recording and counting
				every criminal complaint received.
7.1.3. Reports of the investigation of each
				criminal complaint received.
7.1.4.
				Information on persons arrested, charges made, disposition and other facts
				about the arrested person, including age, sex, race, residence and physical
				descriptors.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-8 - Reporting Requirements Established

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The UCR program is currently operating
				under the Summary Based reporting system. The minimum reporting requirements
				established for the Summary Based UCR system are:
8.1.1. Any law enforcement agency,
				discovering, receiving a report or investigating any offense occurring in its
				jurisdiction that would constitute a crime as defined by the FBI=s Uniform
				Crime Reporting Handbook as a Part I offense, shall report the facts to the
				West Virginia UCR program monthly.
8.1.2. Any law enforcement agency making an
				arrest for any offense occurring in its jurisdiction that would constitute a
				crime as defined by the FBI's Uniform Crime Reporting Handbook as a Part II
				offense shall report the facts to the West Virginia UCR program
				monthly.
8.1.3. Any law enforcement
				agency arresting, citing, or issuing a summons to any person (including the
				handling of a juvenile) for any crime which occurred in its jurisdiction shall
				report these facts to the West Virginia UCR program monthly.
8.1.4. Any law enforcement agency which
				receives a report of an alleged incident of family or household abuse shall
				report the information mandated by W. Va. Code '48-2A-9(d) to the West Virginia
				UCR program monthly.
8.1.5. These
				reports shall be made on the forms provided by or approved by the West Virginia
				UCR Program.
8.1.6. The completed
				report is due by the 7th of the month following the end of the reporting
				period.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-9 - Certification and Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Data cannot be utilized unless it is accurate. To ensure accuracy, a
				contributing agency that submits by diskette will undergo the certification
				process.
9.1.1. A contributing agency will be
				considered IBR certified once it has submitted three (3) months of data in
				succession with 0% errors.
9.1.2. A
				software vendor can achieve approval status by submitting test data (provided
				by the State UCR program) to the West Virginia UCR program with 0% errors or if
				a UCR contributing agency utilizing their software receives
				certification.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-11 - Uniform Crime Reporting Program General Guidelines And Reporting Requirement › Section 81-11-10 - Supplies and Services Offered to UCR Contributors

Current through Register Vol. XLI, No. 28, July 12, 2024
Obtainable by writing, telephoning or faxing the UCR office
				  at:
West Virginia State Police
725 Jefferson Road
South Charleston WV 25309
Phone: 304-746-2159/2237
Fax: 304-746-2402
10.1. Summary based reporting forms (until
				Jan. 1, 1999).
10.2. Summary based
				tally books and tally sheets (until Jan. 1, 1999).
10.3. Prepaid envelopes.
10.4. IBR incident/offense forms.
10.5. IBR incident/offense form guide
				manual.
10.6. Conversion tables
				(converts West Virginia criminal code to the appropriate UCR summary based and
				NIBRS codes).
10.7. WV NIBRS
				Implementation Data Fields and File Document Layouts.
10.8. IBR test data.
10.9. FBI Publications:
10.9.1. Uniform Crime Reporting, National
				Incident-Based Reporting System, Volume 1: Data Collection
				Guidelines.
10.9.2. Uniform Crime
				Reporting, National Incident-Based Reporting System, Volume 2: Data Submission
				Specifications.
10.9.3. Uniform
				Crime Reporting, National Incident-Based Reporting System, Volume 3: Approaches
				to Implementing an Incident-Based Reporting IBR System.
10.9.4. Uniform Crime Reporting, National
				Incident-Based Reporting System, Volume 4: Error Message Manual.
10.9.5. Uniform Crime Reporting Handbook
				(until Jan. 1, 1999).
10.9.6. Hate
				Crime Data Collection Guidelines.
10.9.7. Training Guide for Hate Crime Data
				Collection.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-12 - Written Directive System › Section 81-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the written directive system of the West Virginia State
				Police.
1.2. Authority. -- W. Va.
				Code '15-2-25.
1.3. Filing Date. -- March 29,
				1999.
1.4. Effective Date. -- March
				29, 1999.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-12 - Written Directive System › Section 81-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Superintendent" means the Superintendent of the West Virginia State Police or
				a duly authorized representative.
2.2. "Member" means an employee of the West
				Virginia State Police empowered under the provisions of W. Va. Code
				'15-2-12
				with statewide law enforcement powers and who has taken and subscribed to the
				oath of office as required by W. Va. Code '15-2-14.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-12 - Written Directive System › Section 81-12-3 - Written Directives of the West Virginia State Police

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Policies and procedures governing the
				internal management and operation of the West Virginia State Police shall be
				contained within the Operational Policy and Procedure Manual.
3.2. The West Virginia State Police shall
				issue each member a copy of the Operational Policy and Procedure Manual and
				each member shall ensure the currency of his or her individual
				manual.
3.3. The Superintendent may
				temporarily amend or rescind any operational policy or procedure by issuing a
				memorandum or teletype until a revised policy is issued. The Superintendent
				shall distribute to each member a copy of the amended policy upon its
				issuance.
3.4. The Superintendent
				may issue Special Orders to effect a change in the employment status of a
				member or civilian employee, direct the presence of a member or civilian
				employee at a certain event or location, initiate the internal investigation of
				a member or civilian employee, to effect temporary and permanent transfers or
				facilitate other internal administrative matters where the power to act rests
				with the Superintendent.
3.5. The
				Troop Commander or his or her duly authorized representative may issue Troop
				Special Orders for the purposes of temporary, intra-troop transfers; permanent
				intra-troop transfers and to mandate the attendance of members and civilian
				employees assigned to that troop at a specific event or location.
3.5.1. In the event that a Troop Special
				Order conflicts with a Special order issued by the Superintendent, the
				Superintendent=s order shall take precedence over the Troop Special
				Order.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-13 - Organizational Structure › Section 81-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the internal administrative structure of the West Virginia
				State Police.
1.2. Authority. -- W.
				Va. Code §
									15-2-3.
1.3. Filing Date. -- July 25, 2011.
1.4. Effective Date. -- August 25,
				2011.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-13 - Organizational Structure › Section 81-13-2 - Organizational Structure

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				section relates to W. Va. Code §§
									15-2-2,
				3 & 4.
2.2. The ranks within
				the membership of the State Police shall be Colonel, Lieutenant Colonel, Major,
				Captain, First Lieutenant, Second Lieutenant, First Sergeant, Sergeant,
				Corporal, Trooper First Class, Senior Trooper, Trooper or Cadet
				Trooper.
2.3. The term Executive
				Office shall encompass the following positions:
(1) Superintendent;
(2) Deputy Superintendent;
(3) Chief of Field Operations;
(4) Chief of Staff Services;
(5) Chief of Executive Services;
(6) Deputy Chief of Field
				Operations;
(7) Deputy Chief of
				Staff Services;
(8) Director,
				Professional Standards,
(9)
				Director, Planning and Research.
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 81-14-1 - 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 Sex Offender Registry the community notification/education
				program, the West Virginia Sex Offender Registration Advisory Board and the
				responsibility of sex offenders required to register, incarceration facilities,
				probation or parole officers, sentencing courts, Circuit Court, Prosecuting
				Attorney, State Police, all law enforcement agencies, community or religious
				organizations and the public. The Sex Offender 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 §§
									15-12-1
				et. seq. and
				62-12-2,
				as amended.
1.3. Filing Date. July
				25, 2014.
1.4. Effective Date.
				September 1, 2014.
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 81-14-3 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Assist local
				law enforcement agencies efforts to protect their communities by regulating how
				sex offenders register with the Sex Offender Registry at their local State
				Police detachments.
3.2. Give local
				communities adequate notice and information regarding persons residing within a
				specific county, through the community notification program and quarterly
				releases of offender lists, so the community can develop constructive plans to
				adequately protect themselves and their children.
3.3. Inform the community, law enforcement,
				criminal justice entities 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, and law enforcement officers 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 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-4 - Objectives

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To enter all
				sex offenders into the Registry as prescribed in W. Va. Code §
									15-12-1
				et. seq., as amended, in a timely and accurate manner.
4.2. To form collaborative partnerships with
				West Virginia Prosecuting Attorneys, family related community organizations and
				victim advocates in conducting community notification/education
				programs.
4.3. To conduct community
				notification/education programs that provide education for the community on
				characteristics of sex offenders, the sex offender registry law, strategies for
				protecting an individual and their children and the resources available for
				victims.
4.4. Educate the public
				through the community education program to reduce inappropriate actions by
				citizens.
4.5. Inform public
				entities and care givers as prescribed by W. Va. Criminal Code §
									15-12-1
				et. seq., as amended, of the sex offenders residing, working, attending school
				or visiting for more than fifteen (15) continuous days in their
				areas.
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 81-14-5 - Intent, Findings and Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Legislative Intent and Findings. -- The
				intent of the Sex Offender Registration Act is to assist law-enforcement
				agencies efforts to protect the public from sex offenders by requiring sex
				offenders to register with a State Police detachment in the county where they
				reside, work, attend school or visit for more than fifteen (15) continuous days
				and by making certain information about sex offenders available to the public.
				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 Sex Offender Registration Act.
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 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-6 - 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 sexual
				offenses are to register;
6.1.a. Sexual
				assault in the first degree, W. Va. Code §
										61-8B-3,
				as amended,
6.1.b. Sexual assault
				in the second degree, W. Va. Code §
										61-8B-4,
				as amended,
6.1.c. Sexual assault
				in the third degree, W. Va. Code §
										61-8B-5,
				as amended,
6.1.d. Sexual assault
				of a spouse, W. Va. Code §
										61-8B-6
				(repealed as of June 7, 2000),
6.1.e. Sexual abuse in the first degree, W.
				Va. Code §
										61-8B-7,
				as amended,
6.1.f. Sexual abuse in
				the second degree, W. Va. Code §
										61-8B-8,
				as amended,
6.1.g. Sexual abuse in
				the third degree, W. Va. Code §
										61-8B-9,
				as amended,
6.1.h. Incest, W. Va.
				Code §
										61-8-12,
				as amended,
6.1.i. Detention of
				person in place of prostitution, W. Va. Code §
										61-8-6,
				involving a minor, as amended,
6.1.j. Procuring for house of prostitution,
				W. Va. Code §
										61-8-7,
				as amended,
6.1.k. Abduction of
				person, kidnapping or concealing a child, W. Va. Code §
										61-2-14,
				as amended,
6.1.l. Use of minors in
				filming sexually explicit conduct, W. Va. Code §
										61-8C-2,
				as amended,
6.1.m. Distribution and
				exhibiting of material depicting minors engaged in sexually explicit conduct,
				W. Va. Code §
										61-8C-3,
				as amended,
6.1.n. Sexual abuse by
				parent, guardian or custodian, W. Va. Code §
										61-8D-5,
				as amended,
6.1.o. Guardian or
				custodian allowing sexual abuse to be inflicted on a child, W. Va. Code §
										61-8D-5,
				as amended,
6.1.p. Displaying of
				sex organs by a parent, guardian or custodian, W. Va. Code §
										61-8D-5,
				as amended,
6.1.q. Sending,
				distributing, exhibiting, possessing, displaying or transporting material by a
				parent, guardian or custodian, depicting a child engaged in sexually explicit
				conduct, W. Va. Code §
										61-8D-6,
				as amended,
6.1.r. Imposition of
				sexual intercourse or sexual intrusion of incarcerated persons, W. Va. Code
				§
										61-8B-10,
6.1.s. Soliciting, etc. a minor via computer,
				W. Va. Code §
										61-3C-14b
,
6.1.t.
				Distribution and display to minor of obscene matter, W.Va. Code §
										61-8A-2,
				as amended,
6.1.u. Use of obscene
				matter with intent to seduce minor, W.Va. Code §
										61-8A-4,
				as amended,
6.1.v. Employment or
				use of minor to produce obscene matter or assist in doing sexually explicit
				conduct, W.Va. Code §
										61-8A-5
.
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 81-14-7 - 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 periods
				of incarceration, for a minimum period of ten (10) years from the time of
				release from prison or jail or from the time the person entered a plea of
				guilty or was convicted prior to actual incarceration.
7.2. Certain persons are required to register
				for life. The conditions for lifetime registration include:
7.2.a. One or more prior convictions or any
				finding of not guilty by reason of mental illness, mental retardation or
				addiction, of a qualifying offense;
7.2.b. Conviction or a finding of not guilty
				by reason of mental illness, mental retardation or addiction of a sexually
				violent offense or any offense determined to be sexually motivated,
				or;
7.2.c. The person has been
				determined to be a sexually violent predator or;
7.2.d. The victim of qualifying offense was a
				minor or;
7.2.e. The qualifying
				offense involved multiple victims or multiple violations of a qualifying
				offense.
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 81-14-8 - Responsibilities of Administrators of Incarceration 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 DHHR or his/her designee or;
8.1.e. Probation officer or;
8.1.f. Parole officer or;
8.1.g. Such person who supervises the person
				to be registered following their release from
				incarceration.
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 81-14-9 - 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 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 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-10 - Responsibility of Circuit Court

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A Circuit Court may, upon petition by a
				resident of a county, order the Registry to release information about persons
				residing in that county that are required to register.
10.1.a. When petitioned to release
				information, the court shall determine if the requested information is relevant
				to public safety and outweighs the need for confidentiality of the person(s).
10.1.a.1. The court may further order
				limitation upon secondary dissemination of the information released by the
				Registry by the resident seeking the information.
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 81-14-11 - Responsibility of the Prosecuting Attorney

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Following the conviction of a person
				required to be registered or when receiving knowledge that a person required to
				be registered is being released from incarceration, the Prosecuting Attorney
				may initiate proceedings seeking to establish that a person is a sexually
				violent predator by filing of a written information with the circuit court that
				sentenced the offender.
11.1.a. The written
				information shall describe a record of judgment of the court regarding the
				person's conviction.
11.1.b. The
				written information shall contain a short and plain statement of the claim that
				the person suffers from a mental abnormality or personality disorder that makes
				the person likely to engage in predatory sexual offenses.
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 81-14-12 - Sex Offender Registration Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General.
12.1.a. The scope of the Sex Offender
				Registration Advisory Board is defined in W. Va. Code §
										15-12-2(b),
				as amended. The Act is regulatory in nature and not penal. The provisions of
				the Act apply retroactively and prospectively.
12.1.b. Liberal Construction. The provisions
				of this rule will be liberally construed to permit the Board to discharge its
				statutory functions and to secure just and expeditious determination of all
				matters before the Board; therefore, for good cause, the Board may, at any time
				suspend the requirements of any of these regulations.
12.1.c. Immunity. The Board shall be immune
				from civil liability for damages arising out of any action for carrying out its
				responsibilities in the administration of W. Va. Code §
										15-12-1
				et. seq., as amended, except when the board acts with gross negligence or in
				bad faith.
12.1.d. Delegation of
				Powers and Duties. Except where contrary to law, the Board may delegate any of
				its powers to the employees or agents of the Board.
12.1.e. Meetings. The West Virginia Sex
				Offender Registration Advisory Board shall meet as called for by the Board
				President, a majority of the Board members or the Secretary of the Department
				of Military Affairs and Public Safety. A quorum consists of three members, one
				of whom shall be a mental health professional. Meeting location will be at the
				discretion of the Board President.
12.1.f. Mail. The West Virginia Sex Offender
				Registry located at West Virginia State Police Headquarters, shall be
				responsible for the receipt of all correspondence and requests for reports from
				the courts.
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 81-14-13 - Responsibilities of the State Police

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The State Police detachments shall
				serve as the local law enforcement agency that actually administers the
				registration procedures upon the person required to be registered.
13.2. The registration of sex offenders shall
				include the offenders signature on a completed WVSP 270 Notification of Sex
				Offender Responsibility and Registration Certification and the entry of the
				following information into the Livescan device;
13.2.a. Full name;
13.2.b. Date of birth
13.2.c. Social Security number;
13.2.d. Sex, race, height, weight, hair and
				eye color;
13.2.e. Any current
				physical and mailing address(es) including owned or leased habitable real
				property the person regularly visits;
13.2.f. County of residence(s);
13.2.g. All telephone numbers including
				cellular and electronic paging device;
13.2.h. Date of address change;
13.2.i. Make, model, year, color and license
				number of all vehicles including any travel trailer, fold down camping trailer,
				house trailer or motor home the person has registered or which he or she
				regularly operates;
13.2.j. Employer
				name and complete address including county;
13.2.k. School or training facility name and
				complete address including county;
13.2.l. All Internet Provider(s) and
				Account(s) including screen names, user names, e-mail addresses or aliases used
				on the Internet;
13.2.m.
				Jurisdiction (State and County of conviction) and conviction date;
13.2.n. Date released from incarceration or
				placed on probation;
13.2.o.
				Conviction offense;
13.2.p. Parole
				or Probation officer name and telephone number;
13.2.q. Left and right finger slaps, both
				thumbprints, rolled fingerprints, left and right upper and lower palm prints,
				and left and right writer's palms;
13.2.r. At least three photographs to include
				a front profile, and a right and left profile, including no less than the
				shoulder area to the top of the head of the person not wearing a hat or
				sunglasses;
13.2.s. Required
				signatures of the person;
13.2.t.
				Required information of uniformed member(s);
13.2.u. The detachment shall retain a copy of
				the registration and shall display the date the post office was contacted and
				date the address was physically verified on the detachment's
				copy.
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 81-14-14 - The Responsibilities of Law Enforcement Agencies, Other Than the State Police

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Assist cooperatively upon request of the Prosecuting Attorney or the Registry
				in conducting the community notification/education program.
14.2. Responsibly manage the information
				concerning sexual offenders residing within the county.
14.2.a. Refrain from secondary dissemination
				of the information.
14.2.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 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-15 - Responsibilities of the Sex Offender Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Registry shall maintain the central
				registry of information on those persons who are required to be
				registered.
15.2. Maintain a roster
				of all authorized community organizations or religious organizations that
				regularly provide services to youths in the county and have signed the Sex
				Offender Non-Disclosure Agreement.
15.2.a.
				This roster of authorized organizations may also include individuals and
				organizations that provide day care services for youth or day care,
				residential, or respite care, or other supportive services for incapacitated,
				infirm or mentally incapacitated persons.
15.2.a.1. To be included in this roster, the
				individual or organization shall make a written request to the Registry stating
				the services provided, the counties served, and a statement as to why the
				individual or organization should be eligible to receive sex offender
				registration information.
15.2.a.2.
				To be included in this roster, the individual or organization shall, if
				applicable, provide any legal documents, charters, statute, license, etc., that
				authenticate the organization as a community or religious organization that
				regularly provides services to youths in the county or provides residential
				care, respite care, or other supportive services for incapacitated, infirm or
				mentally incapacitated persons. The individual or organization shall sign the
				Sex Offender Non-Disclosure Agreement.
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 81-14-16 - Responsibilities of Community Organizations or Religious Organizations Authorized to Receive Sex Offender Registration Information

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Individuals or organizations that
				provide the following services are authorized to receive sex offender
				registration information:
16.1.a. Youth or
				day care services or;
16.1.b.
				Residential care or;
16.1.c. Respite
				care or;
16.1.d. Other supportive
				services for incapacitated, infirm or mentally incapacitated
				persons.
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 81-14-17 - Responsibilities of Those Persons Required to Register

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Responsibilities at the time of
				conviction.
17.1.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 of this procedural rule
				that require registration, or those offenses determined by the sentencing court
				to have been sexually motivated, shall sign in open court and on the record, a
				statement that they understand the sex offender registration requirements.
17.1.a.1. The statement, once signed and
				witnessed, constitutes prima fascia evidence that the person has knowledge of
				the sex offender registration requirements.
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 81-14-18 - Community Notification/Education Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The meetings shall be conducted within
				fifteen (15) business days from the time that the responsible Prosecuting
				Attorney receives notification that a Sexually Violent Predator has moved to or
				intends to reside in that county.
18.2. Additional community notification/
				education meetings may be conducted at the discretion of the Prosecuting
				Attorney.
18.2.a. After determining that a
				community notification/education program will be repeated, the Prosecuting
				Attorney shall promptly notify the Registry to initiate the proceedings for the
				meeting.
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 81-14-19 - Responsibilities of the Public

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Communities and individuals shall responsibly manage the information pertaining
				to sex offenders.
19.1.a. The information
				shall not be used to harass or intimidate.
19.1.b. The information shall not be used in
				any attempt to affect the person's employment or housing
				status.