W. Va. Code R. § 81-16-2 - Definitions

As used in this rule, unless in a context that clearly requires a different meaning, the following terms are defined as such:

2.1. "Central Registry" -- herein known as the Registry, the West Virginia Child Abuse and Neglect Registry maintained by the West Virginia State Police and housed in the Criminal Records Section.

2.2. "Post conviction supervisory status" -- monitored or supervised behavior of the person following their conviction or release from incarceration. This status may include, but is not limited to, probation, parole, home detention, work release, conditional release or a suspended sentence status.

2.3. "Child Abuse and Neglect Registration Act" -- herein known as the Act, article § 15-13-1 et. seq. of the West Virginia Criminal Code, that sets forth the duties of various entities as it pertains to the registration of offenders of child abuse and neglect and the duty of the West Virginia State Police to promulgate rules prescribing the manner of registration procedures.

2.4. "Qualifying child abuse and neglect criminal offenses" -- those offenses that require registration as an offender of child abuse or neglect upon conviction or when found not guilty by reason of mental illness, mental retardation or addiction. These offenses include, but are not limited to, §§ 61-8D-2, 61-8D-2a, 61-8D-3, 61-8D-3a. 61-8D-4 or 61-8D-4a. These also include, but are not limited to, offenses with similar provisions in another state, federal or military jurisdiction or municipal ordinances which possess the same elements of the qualifying offenses. Also included are those offenses in which a person upon convicted of a criminal offense(s) against a child in his or her household or in which the person convicted has custodial responsibility, the sentencing judge makes a written finding that there is a continued likelihood that the person convicted will continue to have regular contact with that child or other children and that as such it is in the best interest of the child or children for that person to be monitored.

2.5. "Physical address" -- the actual location of the residence(s). A post office box or other address that does not have a physical street address may not be provided in lieu of a physical residence address.

2.6. "Offender of child abuse or neglect" -- a person convicted of any of the offenses referred to in W. Va. Code § 15-13-2 as amended, or offenses with similar provisions in another state, federal or military jurisdiction, or municipal ordinances which possess the same elements of the qualifying offenses or a person that was found not guilty of the above referenced offenses by reason of mental illness, mental retardation or addiction or a person convicted of a criminal offense against a child in his or her household or of whom he or she has custodial responsibility and with whom the sentencing judge makes a written finding that there is a continued likelihood that the person convicted will continue to have regular contact with that child or other children and that as such it is in the best interest of the child or children for that person to be monitored.

2.7. "Sentencing court" -- Court that is authorized to invoke sentencing upon conviction or finding of not guilty by reason of mental illness, mental retardation or addiction, including but not limited to, federal courts, courts of military justice, West Virginia circuit courts, magistrate courts, municipal courts, mayoral courts and police courts, as well as similar courts in other states.

2.8. "Business days" -- Days exclusive of Saturdays, Sundays and legal holidays as recognized by the State of West Virginia.

2.9. "Superintendent" -- is the executive officer-in-charge and chief administrator of the State Police.

Notes

W. Va. Code R. § 81-16-2