W. Va. Code R. § 81-11-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-11-8 - Reporting Requirements Established
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.
8.2. The UCR reporting system is undergoing a conversion to an enhanced reporting system, Incident Base Reporting (IBR), which is designed to more effectively meet current and future information needs as it pertains to crime reporting. As of January 1, 1999 all agencies are to have made the conversion to IBR and begun the certification process.

The minimum reporting requirements established for incident based reporting are:

8.2.1. Any law enforcement agency discovering, receiving a report of or investigating any offense occurring in its jurisdiction that would constitute a crime as defined by the FBI=s Uniform Crime Reporting, National Incident-Based Reporting System, Volume 1 - Data Collection Guidelines as a Group A or Group B offense shall report these facts to the West Virginia UCR program monthly.
8.2.2. 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.
8.2.3. Any law enforcement agency who receives a report of an alleged incident of family or household abuse shall report the information mandated in W. Va. Code '48-2A-9(d) to the West Virginia program monthly.
8.2.4. Any law enforcement agency discovering, receiving a report of or investigating any offense that manifest evidence or prejudice based on race, religion, sexual orientation, ethnicity, disability, political affiliation or sex shall report these facts to the West Virginia UCR program monthly.
8.2.5. These reports will be submitted by one of two methods. The West Virginia UCR program will determine a contributor=s method of submission based on an agency=s volume of activity, a review of the contributing agency's resources, and the West Virginia UCR program=s available resources. These methods are:
8.2.5.1. Diskette

Disk Size - - - 3.5

Code Set - - - ASCII

8.2.5.1.1. The data elements must comply with the specifications qualified in the FBI=s publications Uniform Crime Reporting - National Incident-Based Reporting System Volume 1 - Data Collection Guidelines, Volume 2 - Data Submission Standards, Volume 4 - Error Message Manual and the West Virginia NIBRS implementation data fields.
8.2.5.1.2. The data file format must comply with the specifications qualified in the FBI publication Uniform Crime Reporting National Incident Based Reporting System, Volume 2 - Data Submission Standards and the West Virginia file document layout.
8.2.5.1.3. The disks must be on high or double density and used exclusively for submitting UCR reports.
8.2.5.2. Form Submission - Reports shall be made on the forms provided by or approved by the West Virginia UCR program. Only copies of the reports are to be submitted to the West Virginia UCR program, the originals of the reports are to remain on file at the contributing agency.
8.2.5.3. The complete reports, whether submitted by disk or on forms are due by the 7th of the month following the end of the reporting period.

W. Va. Code R. § 81-11-8