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West Virginia Megan's Law and Victim's Rights
Contact Person: Terri Swecker, State Police (304) 746-2133.
Offenders Required to Register: Convicted of a qualifying offense or attempt to commit, or convicted under a similar provision in another state, federal or military jurisdiction, or those found not guilty by reason of mental illness, mental retardation or addiction of a qualifying offense are required to register. Also if convicted of an offense and the sentencing judge determines that the offense was sexually motivated must register.
Information Collected: Name, social security number, date of birth, height, weight, hair & eye color, current address, previous address, telephone number, vehicle information, employer information, offense convicted of, jurisdiction of conviction, date of conviction, date of release, 2 full sets of fingerprints and photos, name and phone number of parole/probation officer.
Administrating Agency: State Police.
Timeframe for Registration: 3 days upon release; 10 days of moving into state, 10 days of changing address.
Applies to Out of State Offenders: Yes and those visiting for more that 15 continuous days.
Duration of Requirement: Life for anyone convicted of a sexual offense involving a minor (under the age of 18); 1 or more prior sexual convictions; judge determines there were multiple victims or multiple counts for a qualifying offense; any sexually violent offense, has been court determined to be a sexual violent predator: 10 years for any other sexual offense.
Verification of Address: Yes
Penalties for Non-Compliance: Misdemeanor. Offender shall be fined not less than two hundred fifty dollars nor more than ten thousand dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned. Felony if convicted of second or subsequent offense - penalty - 1-5 yrs. If required to register for life it is a felony to fail to provide registration changes or fail to register. Penalty 1-5 yr. Felony for any person required to register as a sexually violent predator who fails to register or provide registration changes - Penalty - 1st offense 2-10 yrs. Second or subsequent offense 5-20 yrs.
Access to Information: As of 5/99, individual citizens could receive SOR information upon application to (and approval by) the circuit court of jurisdiction where the requestor resided if the offender is a 10 year registrant or if information supplied by the Internet is not sufficient . New legislation effective 6/15/98 makes lifetime registrants subject to community notification and placement on the Internet. West Virginia began its community notification program in September 1998.
Confidentiality Provision: No
Number Registered: 1,583 as of 7/30/02
Percent Compliance: 100% from institutions.
Internet Access: http://www.wvstatepolice.com

 

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