W. Va. Code R. § 81-14-15
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-14-15 - Responsibilities of the Sex Offender Registry15.1. 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.15.2.b. The Registry shall remove an organization from the roster of authorized community organization or religious organization when that organization or a member of that organization has violated the terms of the Sex Offender Non-Disclosure Agreement or when that organization no longer meets the requirements outlined in this section or requests removal.15.3. The Registry shall maintain and make available to the public, at least quarterly, a list of all persons who are required to register for life. This list will be separated and disseminated by county of residence. 15.3.a. The list shall be released following a telephone or written request by a member of the public. The list shall be for the county in which the requesting person resides. 15.3.a.1. To receive quarterly updates, the requesting person must resubmit their telephone or written request on a quarterly basis.15.3.b. The list shall include the municipality of place of employment, training or school and the street and house address (physical location) of the person's residence, but shall not include the name of employer, training or school.15.4. The Registry shall maintain and make available to the public a list of all persons who are required to register for life that shall be accessible through the Internet. 15.4.a. The list shall include the municipality of place of employment, training or school and the street and house address (physical location) of the person's residence but shall not include the name of employer, training or school.15.5. Within five (5) business days of receiving a person's registration, the Registry shall forward electronically the information reported via a completed registration to all authorized community and religious organizations that are to receive sex offender registration information.15.6. Within fifteen (15) business days of receiving a person's registration, the Registry shall notify the FBI National Sex Offender Registry (NSOR).15.7. Within fifteen (15) business days of receiving a lifetime person's registration, the Registry shall update its available information accessible to the public via the quarterly mailing and the Internet.15.8. The Registry is authorized to release sex offender registration information and documentation to federal, state and local governmental agencies responsible for conducting pre-employment checks.15.9. The Registry may release sex offender 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. 15.9.a. These countries/government jurisdictions must stipulate in writing that this information will be used solely for law enforcement related purposes.15.10. The Registry may release sex offender registration information and documentation, when properly requested, to the West Virginia Crime Victims Compensation Fund.15.11. The Registry shall release a list of sex offenders not subject to notification on the Internet and who reside, work, attend school or visit for more than fifteen (15) continuous days in a county to a resident of same county only upon being properly ordered by a circuit court to make such a release.15.12. Within fifteen (15) business days of notification, the Registry shall remove a name from the Registry when properly ordered by a circuit court following a petition by a registered person whose conviction has been overturned and shall: 15.12.a. Inform the FBI National Sex Offender Registry (NSOR) when a name has been removed from the Registry;15.12.b. Inform the State Police detachment, in the county where the person resides, the person has been removed from the Registry files and the Internet;15.12.c. Inform all authorized community and religious organizations that have been properly registered to receive sex offender registration information when a name has been removed from the registry.15.12.d. If the person was required to register for life, the Registry shall update the list of persons made available to the public through the Internet and by telephone request.15.13. When notified that a person required to register has changed or intends to change their address to an address outside the county where the person has been residing the Registry shall: 15.13.a. If applicable, within fifteen (15) business days of the notice, inform the State Police detachment in the county where that person resided.15.14. When notified that a person required to register has changed or intends to change their address the Registry shall, within fifteen (15) business days of the notice, if the person was required to register for life, update the list of persons made available to the public through the Internet. 15.14.a. When notified that a person required to register has moved or intends to move out of state, the Registry shall within ten (10) business days of the notice, inform the Sex Offender Registry point of contact for the state in which the person intends to reside and forward requested information as per the contact's instructions.15.15. When notified by a court of its determination that a person is or is no longer a sexually violent predator, the Registry shall: 15.15.a. Within fifteen (15) business days of the notice, inform the State Police detachment and all authorized community and religious organizations of the court's determination of the person's sexually violent predator status.15.15.b. Within fifteen (15) business days of the notice, update the list of persons made available to the public through the Internet.15.15.c. Within fifteen (15) business days of the notice, inform the Prosecuting Attorney in the county where the person resides of the court's determination of the person's sexually violent predator status.15.16. When a court has requested a report from the Sex Offender Registration Advisory Board, the Registry shall: 15.16.a. Receive and date stamp any mail, fax transmissions or hand delivered documents addressed to the Board at the Registry office address.15.16.b. Upon receipt of the court order and all relevant documents, forward copies of the same to each member of the Board, retaining all original documents within the Registry.15.16.c. Inform the Board of a meeting time and place as determined by the Board President.15.16.d. Assist the Board in forwarding the report to the requesting court.15.16.e. Provide the Board with relevant background information, such as a criminal history record, on the person.15.17. The Registry shall conduct, as outlined in this rule and at any time as requested by the Prosecuting Attorney, in cooperation with the Prosecuting Attorney, a community notification/education program. 15.17.a. Coordinate with the Prosecuting Attorney to arrange a time and meeting place for the program.15.17.b. Provide handouts, brochures and involve appropriate local community persons that can provide information and services.15.18. The Registry shall upon receipt of notification of a Sexually Violent Predator registering or being determined in West Virginia, notify the West Virginia Department of Motor Vehicles pursuant to W. Va. Code § 17B-2-3 within ten (10) business days.W. Va. Code R. § 81-14-15