Current through Register Vol. XLI, No. 50, December 13, 2024
Section 90-8-2 - Definitions2.1. "Offender" means any person committed to the custody or supervision of the West Virginia Division of Corrections as an inmate or as an in-state or out-of-state probationer or parolee.2.2. "Electronic monitoring equipment" means an electronic device or apparatus approved by the Division of Corrections which is capable of recording or transmitting information regarding the offender's presence or nonpresence in a designated area. The device shall be minimally intrusive. Except to the extent provided in this section, the Division of Corrections shall not approve any monitoring device which is capable of recording or transmitting (i) visual images, except that of a still image of the offender that can only be transmitted by the offender triggering the monitoring system, or (ii) information as to the offender's activities while he or she is within the designated area. A monitoring device may transmit information regarding blood alcohol levels. The monitoring device shall not be used to eavesdrop or record any conversation: Provided, That conversations between the offender and the person supervising the offender may be recorded solely for purpose of voice identification.