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 81-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless in a context that clearly
				  requires a different meaning, the following terms are defined as such:
2.1. "Central Registry" -- herein known as
				the Registry, the West Virginia Child Abuse and Neglect Registry maintained by
				the West Virginia State Police and housed in the Criminal Records
				Section.
2.2. "Post conviction
				supervisory status" -- monitored or supervised behavior of the person following
				their conviction or release from incarceration. This status may include, but is
				not limited to, probation, parole, home detention, work release, conditional
				release or a suspended sentence status.
2.3. "Child Abuse and Neglect Registration
				Act" -- herein known as the Act, article §
									15-13-1 et.
				seq. of the West Virginia Criminal Code, that sets forth the duties of various
				entities as it pertains to the registration of offenders of child abuse and
				neglect and the duty of the West Virginia State Police to promulgate rules
				prescribing the manner of registration procedures.
2.4. "Qualifying child abuse and neglect
				criminal offenses" -- those offenses that require registration as an offender
				of child abuse or neglect upon conviction or when found not guilty by reason of
				mental illness, mental retardation or addiction. These offenses include, but
				are not limited to, §§
									61-8D-2,
				61-8D-2a,
				61-8D-3,
				61-8D-3a.
				61-8D-4
				or
				61-8D-4a.
				These also include, but are not limited to, offenses with similar provisions in
				another state, federal or military jurisdiction or municipal ordinances which
				possess the same elements of the qualifying offenses. Also included are those
				offenses in which a person upon convicted of a criminal offense(s) against a
				child in his or her household or in which the person convicted has custodial
				responsibility, 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.
2.5. "Physical address" -- the actual
				location of the residence(s). A post office box or other address that does not
				have a physical street address may not be provided in lieu of a physical
				residence address.
2.6. "Offender
				of child abuse or neglect" -- a person convicted of any of the offenses
				referred to in W. Va. Code §
									15-13-2
				as amended, or offenses with similar provisions in another state, federal or
				military jurisdiction, or municipal ordinances which possess the same elements
				of the qualifying offenses or a person that was found not guilty of the above
				referenced offenses by reason of mental illness, mental retardation or
				addiction or a person 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 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.
2.7. "Sentencing court" -- Court that is
				authorized to invoke sentencing upon conviction or finding of not guilty by
				reason of mental illness, mental retardation or addiction, including but not
				limited to, federal courts, courts of military justice, West Virginia circuit
				courts, magistrate courts, municipal courts, mayoral courts and police courts,
				as well as similar courts in other states.
2.8. "Business days" -- Days exclusive of
				Saturdays, Sundays and legal holidays as recognized by the State of West
				Virginia.
2.9. "Superintendent" --
				is the executive officer-in-charge and chief administrator of the State
				Police.