Senate Bill No. 130
(By Senators Bowman, Ross, Buckalew, Anderson,
Dittmar, Yoder, Whitlow, Helmick, Sharpe, Blatnik,
Kimble, Schoonover, Love, Minear and Walker)
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[Introduced January 24, 1996;
referred to the Committee the Judiciary.]
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A BILL to amend and reenact article eight-f, chapter sixty-one
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring sex offender
registration and notification; defining terms; requiring
notice of offender's release, escape and recapture;
requiring registration with the county sheriff; requiring a
notice of registration statement be sent to certain persons;
setting forth requirements of the notice of registration;
requiring notice to out-of-state offenders of registration
requirements; establishing a central registry; requiring
county sheriff to send copies to persons who request it;
requiring notice of change of residence; requiring registration annually for ten years; and providing for a
penalty for failure to register.
Be it enacted by the Legislature of West Virginia:
That article eight-f, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 8F. SEX OFFENDER REGISTRATION ACT.
§61-8F-1. Definitions.
(a) "Child sexual offender" means a person who:
(1) Has been convicted of an offense defined in section
thirteen, article eight, chapter sixty-one, articles eight-b and
eight-d, chapter sixty-one of this code, against a child;
(2) Has been granted probation before judgment after being
found guilty of any of the offenses listed in subsection (1) of
this section and has been ordered by the court, as a condition of
probation, to comply with the requirements of this section;
(3) Has been found not criminally responsible for any of the
offenses listed in subsection (1) of this section; or
(4) Has been convicted in another state of an offense that,
if committed in this state, would constitute one of the offenses
listed in subsection (1) of this section.
(b) "Release" means any type of release from the custody of
a supervising authority including release on parole, mandatory
supervision, work release, and any type of temporary leave other
than leave that is granted on an emergency basis. "Release" does
not include an escape.
(c) "Supervising authority" means:
(1) If the child sexual offender is in the custody of a
facility operated by the division of corrections, the
commissioner of the division of corrections;
(2) If the child sexual offender is in the custody of a
county or regional jail, including an offender who is
participating in a home detention program, the administrator of
the facility;
(3) If the child sexual offender is granted probation before
judgment, probation after judgment, or a suspended sentence, the
court that granted the probation or suspended sentence; or
(4) If the child sexual offender's sentence does not include
a term of imprisonment, the court in which the offender was
convicted.
§61-8F-2. Notice of offender's release, escape and recapture.
(a) Subject to subsection (b) of this section, on the earlier of the date that the child sexual offender is released,
is granted probation before judgment, is granted probation after
judgment, is granted a suspended sentence, or receives a sentence
that does not include a term of imprisonment, the supervising
authority shall send written notice of the release of the child
sexual offender to the county sheriff in the county where the
offender will reside.
(b) A written notice required under subsection (a) of this
section shall include:
(1) The full name of the child sexual offender;
(2) The child sexual offender's address, if available;
(3) The child sexual offender's social security number;
(4) A recent photograph of the child sexual offender; and
(5) A brief description of the crime for which the child
sexual offender was convicted, granted probation before judgment,
or found not criminally responsible.
(c) The same notice as required under subsection (a) of this
section shall be sent to the following persons if such notice has
been requested in writing about a specific child sexual offender:
(1) The victim of the crime for which the child sexual
offender was convicted or, if the victim is a minor, the parents or legal guardian of the victim;
(2) Any witness who testified against the child sexual
offender in any court proceedings involving the offense; and
(3) Any person specified in writing by the prosecuting
attorney who prosecuted the child sexual offender.
(d) Information regarding any person who receives notice
under subsection (c) of this section is confidential and may not
be disclosed to the child sexual offender or any other person,
agency or entity.
(e) If a child sexual offender escapes from a facility, the
supervising authority of the facility shall immediately notify,
by the most reasonable and expedient means available:
(1) The county sheriff in the jurisdiction in which the
offender resided before the offender was committed to the custody
of the supervising authority; and
(2) Any person who is entitled to receive notice under
subsection (c) of this section.
(f) If the offender is recaptured, the supervising authority
shall send notice, as soon as possible and in no event later than
two working days after the supervising authority learns of the
recapture, to:
(1) The county sheriff in the county in which the offender
resided before the offender was committed to the custody of the
supervising authority; and
(2) Any person who is entitled to receive notice under
subsection (c) of this section.
(g) A supervising authority shall send any notice required
under subsections (c), (e), and (f) of this section to the last
address provided to the supervising authority for a person who is
entitled to notice under subsection (c) of this section.
(h) If a child sexual offender will reside after release in
a municipal corporation that has a police department, or, in the
case where a child sexual offender escapes from a facility and
the offender resided, before the offender was committed to the
custody of a supervising authority, in a municipal corporation
that has a police department, the county sheriff that receives a
notice from a supervising authority under this section shall send
a copy of the notice to the police department of the municipal
corporation.
§61-8F-3. Registration with county sheriff.
(a) In this section, "resident" means a person who lives in
this state at the time the person:
(1) Is released;
(2) Is granted probation before judgment;
(3) Is granted probation after judgment;
(4) Is granted a suspended sentence; or
(5) Receives a sentence that does not include a term of
imprisonment.
(b) A child sexual offender shall register with the county
sheriff:
(1) If the child sexual offender is a resident, within seven
days after:
(A) Being released;
(B) Being granted probation before judgment;
(C) Being granted probation after judgment;
(D) Being granted a suspended sentence;
(E) Receiving a sentence that does not include a term of
imprisonment; or
(2) If the child sexual offender is not a resident, within
seven days after the earlier of:
(A) Establishing a temporary or permanent residence in this
state; or
(B) Applying for a driver's license in this state.
§61-8F-4. Notice of registration statement.
(a) Subject to subsection (c) of this section, as soon as
possible and in no event later than five working days after
receiving a registration statement, the county sheriff shall
send written notice of the registration statement to the county
superintendent of schools of the county where the child sexual
offender will reside.
(b) As soon as possible and in no event later than five
working days after receiving notice from the local law
enforcement agency under subsection (a) of this section, a county
superintendent of schools shall send written notice of the
registration statement to the principals of the schools within
the supervision of the superintendent.
(c) In addition to the notice required under subsection (a)
of this section, county sheriffs may provide notice of a
registration statement to the following organizations if the
agency determines that such notice is necessary to protect the
public interest:
(1) A community organization;
(2) A religious organization; and
(3) Any other organization that relates to children or youth.
(d) A county sheriff shall establish procedures for carrying
out the notification requirements of subsection (c) of this
section, including the circumstances under and manner in which
notification shall be provided.
(e) An elected public official, public employee or public
agency is immune from civil liability for damages arising out of
any action relating to the provisions of this section, unless it
is shown that the official, employee or agency acted with gross
negligence or in bad faith.
§61-8F-5. Notice of registration requirements.
On the earlier of the date that the child sexual offender is
released, is granted probation before judgment, is granted
probation after judgment, is granted a suspended sentence or
receives a sentence that does not include a term of imprisonment,
the supervising authority shall give written notice to a child
sexual offender of the registration requirements of this section
and obtain a statement signed by the child sexual offender
acknowledging the receipt of the written notice.
§61-8F-6. Notice to out-of-state offenders of registration
requirements.
If the supervising authority accepts supervision of and
has legal authority over a child sexual offender from another
state under the terms and conditions of the uniform act for
out-of-state parolee supervision established under article six,
chapter twenty-eight of this code, the supervising authority
shall give the child sexual offender written notice of the
registration requirements of the section, and obtain a statement
signed by the child sexual offender acknowledging the receipt of
the written notice.
§61-8F-7. Contents of registration statement; central registry;
requests for copies.
(a) Registration shall consist of a statement signed by a
child sexual offender which shall include:
(1) The child sexual offender's name, address and place of
employment;
(2) A description of the crime for which the child sexual
offender was convicted, granted probation before judgment or
found not criminally responsible;
(3) The date that the child sexual offender was convicted,
granted probation before judgment or found not criminally
responsible;
(4) The jurisdiction in which the child sexual offender was
convicted, granted probation before judgment or found not
criminally responsible;
(5) A list of any aliases that have been used by the child
sexual offender; and
(6) The child sexual offender's social security number.
(b) The county sheriff shall obtain a photograph and
fingerprints of the child sexual offender and include copies of
the photograph and fingerprints in the registration statement.
(c) As soon as possible and in no event later than three
working days after registration is completed, the county sheriff
shall send a copy of the registration statement to the state
police. The state police shall maintain a central registry of
child sexual offenders. The state police shall reimburse the
county sheriff for the cost of processing the registration
statements of child sexual offenders, including the taking of
fingerprints and photographs.
(d) Upon written request to a county sheriff, the sheriff
shall send a copy of a registration statement to the person who
submitted the request. The request shall contain the name and
address of the persons submitting the request, and the reason for requesting the information. The county sheriff shall keep
records of all written requests received.
(e) An elected public official, public employee or public
agency is immune from civil liability for damages arising out of
any action relating to the provisions of this section, unless it
is shown that the official, employee or agency acted with gross
negligence or bad faith.
§61-8F-8. Notice of change of residence.
(a) If a child sexual offender changes residences, the
offender shall send written notice of the change within seven
days after the change occurs to the county sheriff with whom the
offender last registered.
(b) As soon as possible and in no event later than three
working days after receipt of the notice, the county sheriff
shall give notice of the change to the state police, and if the
new residence is in a different county, to the county sheriff in
whose county the new residence is located.
§61-8F-9. Duration of registration.
A child sexual offender shall register with a county sheriff
annually for ten years after the last date of release, the
offender is granted probation before judgment, probation after judgment or a suspended sentence, or receives a sentence that
does not include a term of imprisonment.
§61-8F-10. Copy of registration statement sent to police
department.
If a child sexual offender will reside after release in a
municipal corporation that has a police department, or, in the
case where a child sexual offender escapes from a facility and
the offender resided, before the offender was committed to the
custody of a supervising authority, in a municipal corporation
that has a police department, a county sheriff with which a child
sexual offender registers or sends a change in registration under
this section shall send a copy of the registration statement or
change in registration to the police department of the municipal
corporation.
§61-8F-11. Penalty.
A child sexual offender who knowingly fails to register as
required by this section is guilty of a misdemeanor, and, upon
conviction, shall be imprisoned for not more than three years or
fined not more than five thousand dollars or both imprisoned and
fined.
NOTE: The purpose of this bill is to require the
registration of sex offenders and notification.
This article has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.