Date Requested:February 21, 2012
Time Requested:03:07 PM
Agency: State Police, West Virginia
CBD Number: Version: Bill Number: Resolution Number:
2012R1642 Amendment HB4459
CBD Subject: REGISTER JUVENILE SEX OFFENDERS
FUND(S)
0453
Sources of Revenue
General Fund
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    See "Explanation of Above Estimates"

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 474,811 474,811
Personal Services 0 52,832 52,832
Current Expenses 0 300,000 300,000
Repairs and Alterations 0 0 0
Assets 0 90,000 90,000
Other 0 31,979 31,979
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    Implementation of this proposed software would require funding two full-time office assistant positions including computer workstations and software licenses. In addition, it would require software changes to the current interface and workflows plus other software modifications that must be performed by contracted software engineers.


Memorandum
Person submitting Fiscal Note:
Ron Twohig, Comptroller
Email Address:
rtwohig@wvsp.state.wv.us
     Deficiencies in this Bill are:
    • Conflicts with current juvenile laws reference confidentiality in Chapter 49.
    • There is no provision on requiring the court to notify the State Police of the registration requirements or that the offense meets the criteria of the 1st or 2nd degree sexual assaults.
    • There is no provision requiring the courts to notify the State Police of the registrant’s counsel.
    • Does not specify the longevity or duration of the juvenile registration, and it does not state whether the registration requirement will stop at age 18 or is the registration transferred to adult status.
    • This Bill does not provide the superintendant of the county schools or the administrator of a training facility the ability to notify the individual schools or training facilities without the principal of the school or administrator of the facility knowing to request the information.
    • The location is not consistent with the new changes for adult sex offenders which states: Persons required to register under the provisions of this article shall register in person at the West Virginia State Police detachment in the county of his or her residence or at the West Virginia State Police detachment responsible for covering the county of his/her residence. “
    • In this Bill it states that if the registrant is a juvenile, the physical address and telephone of the registrant’s parent(s) or legal guardian(s) and the relative or person with whom the registrant regularly engages in overnight visits. This Bill does not define regularly and how often is required to be considered regularly.
    • No mechanism for law enforcement to be made aware of the registration.