W. Va. Code R. § 81-16-9

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

Section 81-16-9 - Responsibilities of the Sentencing Court

9.1. At the time the person is convicted of the crimes set forth in 6.1 or 6.3 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. If the person convicted has not requested an appeal within thirty days of the sentencing for such conviction, the clerk or recorder of the sentencing court shall, within ten (10) business days of the end of the appeal period, forward to the Registry by certified or registered mail, a copy of the court's final order and the registry form(s) designated by the Superintendent or an agency equivalent that shall include:

9.2.a. Full name of the person to be registered including any aliases, nicknames and other names used by the person and;

9.2.b. Date of birth and;

9.2.c. Person's social security number and;

9.2.d. Full physical address, including any and or all county(ies), where the person resides or intends to reside and;

9.2.e. 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;

9.2.f. 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;

9.2.g. 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;

9.2.h. Right thumb print and;

9.2.i. Brief description of the crime for which the person was convicted and;

9.2.j. Jurisdiction of arrest or conviction and;

9.2.k. The date of conviction and;

9.2.l. Sentence imposed and;

9.2.m. If applicable, the name and telephone number of the probation or parole officer and;

9.2.n. A complete set of fingerprints.

9.3. If following an appeal, the person was convicted in circuit court, the circuit clerk shall, within thirty (30) days after entry of the judgment, forward to the Registry by certified or registered mail, a copy of the court's final order and a registry form(s) designated by the Superintendent or an agency equivalent that shall include the information included in 9.2 of this rule.

9.4. A court shall, upon presiding over a criminal matter resulting in a finding of not guilty by reason of mental illness, mental retardation or addiction of a qualifying offense, cause, within three (3) business days the finding, forward to the Registry by certified or registered mail, a copy of the court's final order and a registry form(s) designated by the Superintendent or an agency equivalent that shall include the information listed in 9.2 of this rule.

9.5. Upon request of the West Virginia State Police, the sentencing court shall provide any and all requested records relating to an offender of child abuse or neglect to the West Virginia State Police.

W. Va. Code R. § 81-16-9