Current through Register Vol. XLI, No. 49, December 6, 2024
Section 81-14-9 - Responsibilities of the Sentencing Court9.1. 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.9.2. The sentencing court shall determine if a person who has been convicted of a sexually violent crime is a sexually violent predator or is no longer a sexually violent predator. 9.2.a. The proceeding to determine if a person is a sexually violent predator shall be initiated by the filing of written information by the Prosecuting Attorney.9.2.b. The proceeding to determine if a person is no longer a sexually violent predator shall be initiated by the filing of a petition by the person who has been determined to be a sexually violent predator providing that the underlying conviction has been reversed, vacated or set-aside.9.3. Before determining sexually violent predator status, the sentencing court may order a psychiatric or other clinical examination. After such examination, the court may further order a period of observation to be conducted at an appropriate facility within the state. The choice of the facility is to be made after consulting with the Director of the Division of Health.9.4. Before determining sexually violent predator status, the court shall, by order, request a report from the Board. 9.4.a. The order shall be issued within thirty (30) business days of the filing of the information by the Prosecuting Attorney or a petition by the person.9.4.b. The court shall forward its order, the information or petition, as well as the entire criminal record, all medical and/or psychiatric records and any other relevant materials to the Board. 9.4.b.1. The court order shall provide that any and all records, documents and materials received by the Board are confidential and not subject to public disclosure or dissemination.9.5. At the hearing to determine sexually violent predator status the court shall: 9.5.a. Allow the person whose status is in question to be present.9.5.b. Allow the person whose status is in question to be represented by counsel, introduce evidence and cross-examine witnesses.9.5.c. Allow the person whose status is in question access to a summary of the medical evidence to be presented by the state.9.5.d. Allow the person whose status is in question to be examined by an independent expert of their choice and use this experts testimony as evidence on their behalf.9.5.e. Make a finding of fact on the person's sexually violent predator status based on a preponderance of the evidence.9.6. The clerk of the court shall forward a copy of the court's final order and the following information to the Registry by certified or registered mail. 9.6.a. Name of the offender and;9.6.b. Date of birth and;9.6.c. Social Security number and;9.6.d. The crime for which the person was convicted and;9.6.e. Date of conviction and;9.7. The court may, at the time of sentencing of any criminal offense that is not covered in 6.1 of this procedural rule, determine that the offense was sexually motivated, thus requiring the person convicted of the offense to register as a sex offender.9.8. A court shall, upon presiding over a criminal matter resulting in conviction or a finding of not guilty by reason of mental illness, mental retardation or addiction of a qualifying offense, cause, within seventy-two (72) hours of entry of the commitment or sentencing order, the transmittal to the sex offender registry for inclusion in the registry all information required for registration by a registrant as well as the non-identifying information regarding the victim or victims: 9.8.b. His or her age at the time of the offense; and9.8.c. The relationship between the victim and the perpetrator.9.9. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.