W. Va. Code R. § 81-16-10
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-16-10 - Responsibilities of the State Police10.1. The State Police detachments shall serve as the local law enforcement agency that in actuality administers the registration procedures upon the person required to be registered.10.2. The registration of child abuse or neglect offenders shall include the completion of WVSP 271 Notice of Child Abuser Responsibility and Registration Certification and the entry of the following information into the Livescan device; 10.2.b. Any aliases, nicknames and other names used by the person;10.2.d. Social Security number;10.2.e. Sex, race, height, weight, hair and eye color;10.2.f. Current physical and mailing address(es);10.2.g. County of residence(s);10.2.h. Previous address and date of address change;10.2.i. Ages, names and relationship to the registrant, of any children in the household of the registrant, of any children currently living or subsequently born to the registrant;10.2.j. Name and address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation including county;10.2.k. Name and address of any school or training facility the person is attending at time of registration or expects to attend including county and;10.2.l. Jurisdiction (State and County of conviction) and conviction date;10.2.m. Date released from incarceration or placed on probation;10.2.n. Conviction offense;10.2.o. Parole or Probation officer name and telephone number;10.2.p. Left and right finger slaps, both thumbprints, rolled fingerprints, left and right upper and lower palm prints, and left and right writer's palms;10.2.q. Required signatures of the person;10.2.r. Required information of uniformed member(s);10.2.s. The detachment shall retain a copy of the registration form(s).10.3. When a person required to be registered arrives at a State Police detachment located in the county where the person resides, the Detachment Commander, or in his/her absence, another uniformed member, shall; 10.3.a. Completion of WVSP 271 and enter into the Livescan all information stipulated in 10.2 of this procedural rule and;10.3.b. Obtain fingerprints utilizing procedures outlined in 10.2.p;10.3.c. Information entered into the Livescan device shall be submitted electronically to the Registry and the original WVSP 271 Child Abuser Responsibility and Registration Certification shall be mailed to the Child Abuse Registry within five (5) business days.10.3.d. A copy of the completed registration form(s) shall be kept in the detachment Child Abuse and Neglect Registry file and may be obtained by accessing the Intranet Livescan files and printing the completed form.10.3.e. If for any reason the Livescan device is unavailable the detachment commander or, in his/her absence, another uniformed member shall; 10.3.e.1. Complete the registration form(s), to include all information stipulated in 10.2 of this procedural rule;10.3.e.2. Take two (2) full sets of fingerprints on FD 249 ( FBI Fingerprint Card);10.3.e.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;10.3.e.4. The completed original registration form(s), an original photograph, and the two (2) full sets of fingerprints (FD 249) shall be mailed to the Registry within five (5) business days. A copy of the form(s) shall be kept in the detachment Sex Offender Registry file;10.4. 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; 10.4.a. Complete all information required in 10.2 of this procedural rule or if available, may retrieve offender's previous information from Livescan device and make necessary changes; 10.4.a.1. All information entered into the Livescan device shall be transmitted electronically to the Registry; the completed original WVSP 271 Child Abuser Responsibility and Registration Certification shall be mailed to the Child Abuse Registry within five (5) business days.10.4.a.2. A copy of the completed update to registration form(s) shall be kept in the detachment Offenders of Child Abuse and Neglect Registry file. These copies shall be obtained by accessing the Intranet Livescan files and printing the registration form.10.4.b. If Livescan device is unavailable the detachment commander, or in his/her absence, another uniformed member, shall follow the procedure in 10.3.e. of this procedural rule.10.5. 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 maintain copies of registration and updates to registration documents at the detachment in an investigative file.10.6. 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 process in 10.4.a. of this procedural rule.10.7. If the Registry informs the Detachment Commander that additional fingerprints are needed on a person moving from another state or living in another state, the Detachment Commander shall; 10.7.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);10.7.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 (FD 249) these cards shall be mailed to the registry within five (5) business days.10.8. When a uniformed member makes contact with anyone that may be required to register as defined in 6.1, 6.2 or 6.3 of this procedural rule but is not registered or has not signed a statement acknowledging that they have been informed of his or her duty to register, that officer shall report this contact to the Detachment Commander and the Registry for verification of registration requirements. This contact information shall be relayed to the Registry by telephone or fax and shall state the name and date of birth of the person, current address and the offense for which they were convicted or the qualifying offense.10.9. Responsibly manage the information concerning offenders of child abuse or neglect residing within the county. 10.9.a. Refrain from secondary dissemination of the information.10.9.b. Utilize the information for investigative purposes only.W. Va. Code R. § 81-16-10