Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-16-8 - Responsibilities of Administrators of Incarceration Facilities, Administrators of Mental Health Facilities, Probation or Parole Officers8.1. Administrator, probation or parole officers include, but are not limited to: 8.1.a. Commissioner of Corrections or his/her designee or;8.1.b. Regional jail administrator or his/her designee or;8.1.c. Chief or Sheriff operating a jail or his/her designee or;8.1.d. Secretary of Department of Health and Human Resources or his/her designee or;8.1.e. Probation officer or;8.1.f. Parole officer or;8.1.g. Person(s) assigned to the supervision of the person to be registered following their release from incarceration or confinement or;8.1.h. Person(s) accepting supervision and has legal authority over a person from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders and required to register under 6.1, 6.2 or 6.3 of this procedural rule.8.2. Release from incarceration or confinement shall include, but is not limited to: 8.2.a. Granted probation or;8.2.b. Granted a suspended sentence or;8.2.c. Release on probation or;8.2.d. Release on parole or;8.2.e. Release on home detention or confinement or;8.2.f. Release on work release or;8.2.g. Discharge the sentence or;8.2.h. Conditional release or;8.2.i. Release from a mental health facility following confinement due to a finding of not guilty by reason of mental illness, retardation or addiction or;8.2.j. Any other type of release, transfer or change of disposition status from incarceration or confinement.8.3. The administrator, probation or parole officer who supervises a person required to be registered or accepts supervision and has legal authority over a person from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders and required to register under 6.1, 6.2, 6.3, or 6.4 of this procedural rule, shall within three (3) business days of the persons' release date, obtain the information required by way of a written notice. 8.3.a. The written notice shall be completed on registration form(s) designated by the Superintendent or an agency equivalent and shall include:8.3.a.1. Full name of the person to be registered including any aliases, nicknames and other names used by the person.8.3.a.2. Date of birth and;8.3.a.3. Person's social security number and;8.3.a.4. Full physical address, including any and or all county(ies), where the person resides or intends to reside and;8.3.a.5. Name and full address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation including county and;8.3.a.6. Name and full address of any school or training facility the person is attending at time of registration or expects to attend including county and;8.3.a.7. 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 and;8.3.a.8. Right thumb print and;8.3.a.9. Brief description of the crime for which the person was convicted and;8.3.a.10. Jurisdiction of arrest or conviction and;8.3.a.11. The date of conviction and;8.3.a.12. If incarcerated, the date of release from incarceration and;8.3.a.13. If applicable, the name and telephone number of the probation or parole officer and;8.4. The administrator, probation or parole officer shall provide the person with a statement acknowledging that the person has been informed of his or her duty to register.8.5. The administrator, probation or parole officer shall have the person sign and date the registration form(s) advising the person of their responsibility to register.8.6. The administrator, probation or parole officer shall send the original registration form(s) to the Registry and a copy to the State Police detachment in the county(ies) where the person will reside. 8.6.a. A copy of the registration form(s) will be maintained by the administrator, probation or parole officer and;8.6.b. A copy of the completed registration form(s) shall be given to the person to be registered.8.7. The administrator, probation or parole officer shall have the signatures applied to the registration form(s) notarized. The form shall have an embossed/raised official seal or official stamp of the controlling government agency placed upon said form.8.8. Upon request of the West Virginia State Police, the administrator, probation or parole officer shall provide any and all requested records relating to an offender of child abuse and neglect to the West Virginia State Police.