W. Va. Code R. § 81-14-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 81-14-13 - Responsibilities of the State Police

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.

13.3. When a person required to be registered arrives at a State Police detachment located in the county where the person resides, intends to reside, works, attends school or will visit for more than fifteen (15) continuous days, the Detachment Commander, or in his/her absence, another uniformed member, shall;

13.3.a. Obtain photo identification and;

13.3.b. Enter into the Livescan device all information stipulated in 13.2 of this procedural rule, completion of WVSP 270 and;

13.3.c. Obtain fingerprints utilizing procedures outlined in 13.2.q;

13.3.d. Obtain photographs utilizing procedures outlined in 13.2.r;

13.3.e. All information entered into the Livescan device shall be submitted electronically to the Registry; the completed WVSP 270 shall be mailed to the Sex Offender Registry within 5 business days and a copy maintained in the detachment file.

13.3.f. A copy of the completed obtained by accessing the Intranet Livescan profiles and printing the completed registration. This completed registration shall be kept in the detachment Sex Offender Registry file;

13.3.g. Within fifteen (15) working days of the date of registration a uniformed member of the West Virginia State Police shall make an appearance at the person's residence to verify that the person resides at or has moved from the given address, and; shall contact the Post Office to verify that person receives mail or no longer receives mail at the given address and document date verified on detachment copy;

13.3.g.1. If the Post Office is unable to verify the person is receiving mail at the given address, the inquiring officer shall notify the Registry in writing of same.

13.3.h. If for any reason the Livescan device is unavailable the detachment commander, or in his/her absence, another uniformed member shall;

13.3.h.1. Complete the registration form(s), to include all information stipulated in 13.2 of this procedural rule;

13.3.h.2. Take two (2) full sets of fingerprints on FD 249 ( FBI Fingerprint Card);

13.3.h.3. Take at least (2) full face photographs without a hat or sunglasses of the person using a placard with the name, detachment, and date of the photograph. Additional photographs may be taken and placed in an investigative file located at the detachment;

13.3.h.4. The completed original registration form(s) and the two (2) full sets of fingerprints (FD 249) shall be mailed to the Registry within five (5) business days. Photographs shall be transmitted electronically to the Registry within five (5) business days. A copy of the form(s) and a photograph shall be kept in the detachment Sex Offender Registry file;

13.4. When a person previously registered arrives at the detachment to report a change of address or a change in any other registration information, the Detachment Commander or in his/her absence, another uniformed member shall;

13.4.a. Enter into the Livescan device all information required in 13.2 of this procedural rule or if available, may retrieve offender's previous information from Livescan device and make necessary changes;

13.4.a.1. Obtain photographs following the procedure outlined in 13.2.r. of this procedural rule;

13.4.a.2. All information entered into the Livescan device shall be transmitted electronically to the Registry. The completed WVSP 270 shall be mailed to the Sex Offender Registry within 5 business days;

13.4.a.3. A copy of the completed registration and a copy of the completed WVSP 270 form shall be kept in the detachment Sex Offender Registry file. The completed registration shall be obtained by accessing the Intranet Livescan files and printing the completed registration;

13.4.a.4. Follow verification procedures in 13.3.g of this procedural rule.

13.4.b. If the Livescan device is unavailable follow the procedure outlined in 13.3.h.

13.5. When notified that a registered person has moved out of their county and has no other registration requirement within that county, the Detachment Commander shall forward all registration documents and photographs pertaining to the person to the Registry.

13.5.a. Copies of the photographs and registration documents may remain at the detachment in an investigative file.

13.6. When notified of a registered person's intent to move out of state, the Detachment Commander, or in his/her absence, another uniformed member, shall: follow the procedure in 13.4.a., 13.4.a.1 13.4.a.2, 13.4.a.3, 13.4.a.4 or 13.4.b of this procedural rule.

13.7. If the Registry informs the Detachment Commander that additional fingerprints are needed on a person moving from another state or living in another state and carrying on a vocation, working or attending school or visiting for more than fifteen (15) continuous days in West Virginia, the Detachment Commander shall:

13.7.a. Ascertain the location of the person and require the person to report to the detachment to be fingerprinted using the Livescan device or if the Livescan device is unavailable fingerprint using two (2) FD 249 (FBI fingerprint cards.)

13.7.b. The information entered into the Livescan device, including the fingerprints requested by the Registry, shall be transmitted electronically to the Registry. If using the fingerprint cards (FD249) these shall be mailed to the Registry within five (5) business days.

13.8. When an officer makes contact with anyone with a previous conviction of a sexual offense or may be required to register as defined in W. Va. Code § 15-12-2 et. seq., as amended, the Detachment Commander, or in his/her absence, another uniformed member, shall report that contact to the Registry for verification of registration requirements. This contact shall be by telephone or fax stating name and date of birth of the person and the offense for which they were convicted or the qualifying offense.

13.9. Within five (5) business days after receiving a completed registration, the Detachment Commander, or in his/her absence, another uniformed member, shall cause the distribution of information obtained via the completed registration to:

13.9.a. All law enforcement agencies including any campus police department within the county or counties covered by the detachment and;

13.9.b. The County Superintendent of Schools, and;

13.9.c. The Child Protective Services investigators within the detachment area of responsibility.

13.10. Upon receiving information on a person who resides or intends to reside in the county(ies) covered by the detachment that the person's place of employment, school or training facility or place of visitation for more than fifteen (15) continuous days is located in another detachment area, the Detachment Commander, or in his/her absence, another uniformed member, shall forward a copy of the completed registration to the affected detachment(s).

13.11. When the detachment receives a facsimile copy from the Registry of a list of those persons who have been sent a certified letter informing them of their requirement to verify their address, the list shall serve as a notice that the person has been informed of their requirement to verify his/her address and has ten (10) business days from receipt of certified letter to comply.

13.11.a. When the person arrives at the detachment for address verification, the Detachment Commander, or in his/her absence, another uniformed member shall:

13.11.a.1. Follow the procedure in §§13.3, 13.3.a., 13.3.b., 13.3.c, 13.3.d, 13.3.e 13.3.f or 13.3.h;

13.11.a.2. Follow the verification procedure in 13.3.g of this procedural rule.

W. Va. Code R. § 81-14-13